HomeMy WebLinkAboutResolution - 2000-R0298 - Contract - Brown-Mckee Inc - Materials & Services, Mackenzie Park - 08/24/2000Resolution No. 2000-R02'
August 24, 2000
Item No. 55
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract for materials and
services for natural stone entrance signage at Mackenzie Park, by and between the City o
Lubbock and Brown -McKee, Inc. of Lubbock, Texas, and related documents. Said
contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council this 24th day of August , 2000.
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ATTEST:
KaythiW Darnell, City Secretary )Uc
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APPROVED AS TO CONTENT:
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Victor Kilman, P chasing Manager
William de Haas
Competition and Contracts Manager/Attorney
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August 15, 2000
Resolution No. 2000-RO298
TERMINATION OF CONTRACT
WHEREAS, the City of Lubbock, Texas (the "City") and Brown -McKee, Inc. of
Lubbock, Texas (the "Contractor") entered into a contract on August 24, 2000 for Natural Stone
Entrance Signage at Mackenzie Park (the "Contract"); and
WHEREAS, the City and the Contractor mutually desire to terminate said contract due to
the Texas Historical Commissioner's unwillingness to approve the demolition and replacement
of the Interstate 27 Mackenzie Park Sign.
NOW THEREFORE, the parties do hereby agree as follows:
1. The Contract is immediately terminated as of the date of execution by both parties.
2. The parties do hereby acknowledge and agree that neither party is liable for any damages
that have or may occur due to the termination of the Contract. Both parties agree to hold the
other party harmless, to the fullest extent allowed by law, for any damages that have or may
occur due to the termination of the Contract.
SIGNED this 30th day of April , 2002.
CITY OF LUBBOCK, TEXAS BROWN-MCKE�E, INC.
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W Y SITTO MA BY: A7, 0 9
TITLE: itCos/ajc�cti
ATTEST:
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Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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Craig Nkensche
Park Development Coordinator
APPROVED AS TO FORM:
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William D. de Haas, Contract Manager
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BID CHICK �J
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LICENSED N TEXAS
QATE BY
CITY OF LUBBOCK
SPECIFICATIONS FOR
NATURAL STONE ENTRANCE SIGNAGE AT MACKENZIE PARK
BID #00-178
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CITY OF LUBBOCK
Lubbock, Texas
ITB #00-178, Addendum #1
-. City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
1625 13T" STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167 FAX: (806)775-2164
http://purchasing.ci.lubbock.tx.us
MAILED TO VENDOR
CLOSE DATE:
ADDENDUM #1
ITB #00-178
Natural Stone Entrance Signage at
Mackenzie Park
July 10, 2000
July 27, 2000 @ 2:00 P. M.
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
1. In the Specifications, Section 04400, STONEWORK, 2.03 STONE, Chopped Sand Stone has
been changed to read as follows: "Chopped Limestone."
2. In the Specifications, Section 04400, STONEWORK, 2.03 STONE, Item C, Material has been
changed to read as follows: "Texas Weathered - Special Blend (no shell stone)."
3. In the Specifications, Section 04400, STONEWORK, 2.03 STONE, Item D, Source, has been
changed to read as follows: "Texas Quarries, or approved equal."
All requests for additional information or clarification must be submitted in writing and directed to:
Questions may be faxed to
or Email to:
00-178add 1
Ron Shuffield, Senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
(806)775-2164
Rshuffield@mail.ci.lubbock.tx.us
THANK YOU,
4CITY/LUB OCK
Ron Shuffield
Senior Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID.
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: NATURAL STONE ENTRANCE SIGNAGE AT MACKENZIE PARK
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 00478
PROJECT NUMBER: 9906.9246.30000
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL -BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
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NOTICE TO BIDDERS
BID #00-178
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00
o'clock p.m. on the 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:
"NATURAL STONE ENTRANCE SIGNAGE AT MACKENZIE PARK"
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 superior.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 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 18th
day of July, 2000 at 10:00 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
au n 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
J am
VICTOR KIL AN
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
1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents for the NATURAL STONE ENTRANCE SIGNAGE
AT MACKENZIE PARK.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General
Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
_ construction of this project and shall be responsible for the satisfactory completion of all work contemplated by
said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
4. BIDDER INQUIRIES
No bidder shall request any information verbally. All written requests for additional information or clarification
concerning this bid must be addressed to:
RON SHUFFIELD
SENIOR BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806) 775-2164
Email: RShuffield@mail.ci.lubbock.tx.us
5. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within SIXTY (60) 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.
PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
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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.
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
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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 i
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor. -
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11. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
12. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article
20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials
to be incorporated into the work without paying the tax at the time of purchase.
13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve
the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by
Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by
Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
14. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of
barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
15. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from
the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume
full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all
cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life
tor 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,
shall be accompanied by a statement from the Contractor to the effect that no work on this particular
project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof
of coverage insurance documents including workers compensation coverage for each subcontractor.
18. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included
in these contract documents. The wage rate which must be paid on this project shall not be less than specified in
the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further
directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the
wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of
general prevailing rate of per diem wages in these contract documents does not release the Contractor from
compliance with any wage law that may be applicable. Construction work under this contract requiring an
inspector will not be performed on weekends or holidays unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service
to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort
to complete the contract within the allotted time.
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
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
w 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.
23.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(0 General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
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.
QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein
in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy
the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable
investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the
bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of
Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to
satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to
complete the work described therein. Evaluation of the bidder's qualifications shall include:
1. The ability, capacity, skill, and financial resources to perform the work or provide the service required.
2. The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
4. The quality of performance of previous contracts or services.
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BID SUBMITTAL
BID SUBMITTAL
LUMP SUM BID CONTRACT
DATE: 7/27/00
PROJECT NUMBER: #00-178 - NATURAL STONE ENTRANCE SIGNAGE AT MACKENZIE PARK
Bid of Brown -McKee, Inc. (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 Natural Stone Entrance
Signage At Mackenzie Park
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.
Furnish all labor, materials, demolition, equipment, implements, parts, and supplies necessary for, or appurtenant to, the
installation of natural stone entrance signs at each of the following Mackenzie Park Entrance Locations; Interstate
Highway 27 and Municipal Drive for the City of Lubbock.
MATERIALS: Seventeen thousand two hundred fifty-three---------- ($ 17,253.00 )
SERVICES: Forty-seven thousand seven hundred six ------------- ($ 47,706.00 }
TOTAL BID:_ Sixty-four thousand nine hundred fifty-nine--------- ($ 64,959.00 )
ALTERNATE #1: Furnish all required labor, materials, demolition, equipment, implements, parts, and supplies necessary
for, or appurtenant to, the installation of natural stone entrance sign at the following Mackenzie Park Entrance Location;
Broadway Street for the City of Lubbock. An additional 30 days will be added for the time of completion.
MATERIALS: Eight thousand five hundred five ------------------- ($ 89505.00 )
SERVICES: Eighteen thousand four hundred ninety-six --- =------ ($ 18,496.00 )
TOTAL BID ALTERNATE #1(ADD): Twenty-seven thousand one-----------7$ 27,001.00 )
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) consecutive calendar days thereafter
as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as
liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the
time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract
documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 21 of the General Instructions to Bidders.
bidding. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable
without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the
bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all
necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars ($ ) or a Bid Bond in the sum of 5% of Greatest H Dollars
($ ), 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.
(Sea! if Bidder is a Corporation)
ATTEST:
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No.
1 Date 7/10/00
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
M/WBE Firm:
Authorized Signature
Mike P. 01es ` .
Printed or Typed
( yp Name)
Brown -McKee, Inc.
Company
906 East Slaton Road
Address
Lubbock Lubbock
Cltt
Texas
Countyy
7 94.04
State Zip Code
Telephone: 806 _ 745-4511
Fax: 806 - 748-1681
w
2
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
Anfi Affnrhnri fn RiA C11hmiffn1
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.
f Ca.
Contractor (Signature)
Mike P. 01es
Contractor (Print)
CONTRACTOR'S NAME: Brown -McKee, Inc.
(Print or Type )
CONTRACTOR'S ADDRESS: 906 East S1 aton Road
Lubbock, Texas 79404
Name of Agent/Broker: Employers General Insurance Group, Inc.
Address of Agent/Broker: 4010-82nd Street
City/State/Zip: Lubbock, Texas 79423
Agent/Broker Telephone Number: ( 806 ) 784-0181
Date: 7/27/00
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 Purchasinq Manaqer for the Citv of Lubbock at (806) 775-2165.
BID #00-178 - NATURAL STONE ENTRANCE SIGNAGE AT MACKENZIE PARK
UNITED FIRE & CASUALTY COMPANY
CEDAR RAPIDS, IOWA
BID BOND
Approved by The American Institute of Architects, AI:A. Document No. A 310 February 1970 Edition
IGNOw ALL MEN BY THESE PRESENTS, that we BROWN—MCKEE , INC.
as Principal, hereinafter called the Principal
and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA
as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK
as Obligee, hereinafter called the Obligee
in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID ----------- --------------Dollar
(5—---------- 5 %------------:�, for the payment of which sum well and truly to be made, the said principal and thi
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 BID # 0 0 —17 8
NATURAL STONE ENTRANCE SIGNAGE AT MACKENZIE PA:
Now, THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with th
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contra(
documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labc
and material furnished in the prosecution thereof or in the event of the failure of the Principal to enter such contract an
give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof betwee
the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another part
to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain. in full force an
effect.
Signed and sealed this 2 7 mg day of JULY A D. 392 0 0 0
IT r
4�� (wrrNEss)
BROWN—MCKEE, INC. (Sez
(PRIIvCQ'AL)
MIKE OLES anu) PRESIDENT
UNITED FIRE & CASUALTY COMPANY (Sep
(sURFn)
By bk"LQ-0- DEEDEE BRINKERATTORNTY-NFACT'
UNITED FIRE & CASUALTY COMPANY
HOME OFFICE CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
(Original on file at Home Office of Company — See Certification)
KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duty organized and existinc,
under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute anc
appoint DAVID BRENHOLTZ, OR CARLA LANCE, OR EVELYN WARWICK,: OR DEE DEE BRINKEE
ALL INDIVIDUALLY,
of 8802 URBANA LUBBOCK TX'79424
its true and lawful Attorney(s) —in —Fact with power and authority "hereby conferred to sign, seal and execute in its behalf al
lawful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if ;such instruments were signed b,
the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authorit
hereby given are hereby ratified and confirmed.
The Authority hereby granted .shall expire MARCH gild 2002 unless sooner revoked.
This power of Attorney is made and executed Pursuant.to-and by authority ;of the following By -Law duly adopted by the
Board of Directors of the Company on April 18, 1973.
"Article V — Surety Bonds and Undertakings."
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company,: may, from time to time, appoint
by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other
obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any
powerof attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when soused, being adopted by the
Company as the original signature of such officer and the original seat of the Company, to be valid and binding upon the Company with the same force _
and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have
full power to bind the Company by their signature and execution of any such instruments and to attach the seat of the Company thereto. The President
or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to
any attorney -in -fact.
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents
aoragr to be signed by its assistant vice president and its corporate seal to be hereto affixed this
�`` ► kry'�s, 2nd day of MARCH A.D• 2000
°� OttOtATE
"'—' jc UNITED FIRE & S TY COMPANY
zz
By
Assistant Vice rresi4dent-
State of Iowa, County of Linn, ss:
On this 2nd day of MARCi 2000• before me Personally came JEFFREY A. CHAPIN
to me known, who being by me my sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is
Assistant Vice President of Ahe UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed th
above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate
seal; that it was so affixed pursuant to authority 'given by the Board of Directors of said corporation and-that:he signed h
name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporatio"n.` Q
SHERYL.MCVAY Notary liMARCH c C
[MY
COMMISSION EXPIRES 2003
March 4, 2003 My commission expires 4 ,
11 CERTIFICATION `
I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do "hereby certify that 1 have compared the foregoir
copy of the Power of Attorney and affidavit, and the copy of the Section of the BY -Laws of said Company as set forth in sa
Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are corre!
transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and
now in full force and effect.
r� In testimony whereof I have hereunto subcribed my name and affixed a corporate seal of the sa
`oel � �JV(% Company this 2 7 TH day of JULY 2000
'�COttOtATE
81AL j
o
, S tar'
"wwra�a++
BOND CHECK
BEST RATING
M- low
PAYMENT BOND
BOND NO. 54-114297
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 BROWN—MCKEE , INC. (hereinafter called the Principal(s), as
---, Principal(s), and
UNITED FIRE & CASUALTY COMPANY
(hereinafter called the Sur }I�s �3�i (s�qT�Mdjyg�b �he City of Lubbock (hereinafter called the
Obligee), in the amount of rY NINE A. ------ears ($64 f 959.00) 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 2 4TH day of
- AUGUST , 20 00 , to BID #00-178
NATURAL STONE ENTRANCE SIGNAGE AT MACKENZIE PARK
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
--t 1ST day of SEPTEMBER 20 0 0 .
UNITED FIRE & CASUALTY COMPANY BROWN—MCKEE, INC.
Surety (Company Name)
*By: LILA it��^��
(Title)DEEDEE BRINKER
ATTORNEY —IN —FACT
By: MIKE OLES
(Printed Name)
O
(Signature)
PRESIDENT
(Title)
Ul
CE
(Original i
RE & CASUALTY COMPANY
-ICE -.CEDAR RAPIDS, IOWA
:OPY OF POWER OF ATTORNEY
)me Office: of Company - See Certification)
of 8802 URBANA >LUBBOCK TX 79424
its true and 'lawful Attorneys) -in -Fact with power and authority hereby conferred , to sign, seal and execute in :;its behalf all
lawfulbonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by
the duly authorized officers of UNITED FIRE & CASUALTY COMPANY' and all the acts of said Attorney, pursuant to the authority
hereby given are hereby ratified and confirmed.
The Authority hereby granted shall expire MARCH 2 n d 2002 unless sooner revoked.
This power of Attorney is made and executed pursuant to and by 'authority of the following By -Law duly adopted by the
Board of Directors of the Company on April 18, ?1973.
"Article V - Surety Bonds and Undertakings."
Section 2, Appointment of Attorney-in•Fact. "The President or any Vice President, or any other officer of the Company, may, from time to time, appoint
by written certificates attorneys-ri•fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other
obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any
powerof attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by,the
Company as the original signature' of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force
and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have
full power to bind the Company bytheir signature and execution of any such instruments and to attach the seal of the Company thereto. The President
or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given.to
any attorney -in -fact.
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents
it,Me� to be signed by its assistant vice president and its corporate seal to be hereto affixed this `
CERTIFICATE OF INSURANCE
0: CITY OF LUBBOCK
P.O. BOX 2000
CERTIFICATE OF INSURANCE
DATE: 09-06-2000
LUBBOCK, TX 79457 TYPE OF PROJECT:
#00-178
HIS IS TO CERTIFY THAT BROWN MCKEE, INC.-; BOX 3279: LUBBOCK, 'T1(fName and Address of Insured) is, at
to date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the
rped of insurance and in accordance with the provisions of the standard policies used by this company, the further
ereinafter described. Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
'ENFRAL LIABILITY
Commercial General Liability
4462600
04-10-00
04-10-01
General Aggregate $ 2, 000 000
Claims Made
Products-Comp/Op AGG $000
Occurrence
Personal & Adv. Injury $ 1. 00 3000
Owner's & Contractors Protectiv
Each Occurrence $ 1, 000, 000
Fire Damage (Any one Fire)
MedEzp (Any
one Person)
$ 5,000
IUTOMOTIVE LIABILITY
I Any Auto
Combined Single Limit $ 1, 000, 000
I All Owned Autos
1462750
04-10-00
04-10—01
Bodily Injury (Per Person) $
1 Scheduled Autos
Bodily Injury (Per Accident)
i
I Hired Autos
Property Damage $
1 Non -Owned Autos
I
3ARAGE LIABILITY
3 Any Auto
Auto Only - Each Accident $
3
Other than Auto Only:
Each Accident $
Aggregate $
3 BUILDER'S RISK
3 100% of the Total Contract Price
$
3 INSTALLATION FLOATER
$
EXCESS LIABILITY
Umbrella Form
R463098
04-10-00
04-10-01
Each Occurrence $ 5 - 000 , 000
Aggregate $ 5,000,000
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 S
Disease -Each Employee $
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than the legal time required after the insured has received written notice of such change or
cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
OLD REPUBLIC INSU E COMPANY
FIVE COPIES OF THE CERTIFICATE OF INSURANCE I OF TEXAS
MUST BE SENT TO THE CITY OF LUBBOCK ie o sur r
POLICIES ARE ENDORSED TO PROVIDE WAIVER OF SUBROGATION
AND ADDITIONAL INSURED IN FAVOR OF THE CERTIFICATE HOLDER
IF THERE IS A WRITTEN CONTRACT BETWEEN THE ABOVE INSURED Title:REGIONAL MANAGER
AND THE CERTIFICATE HOLDER REQUIRING THE ABOVE.
No Text
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE(MMNDWYY)
— 6-2000
PRODUCER Serial #
NATIONAL GENERAL AGENCY
P. O. BOX 219010
DALLAS,.7EXAS 75221
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
BROWN MCKEE, INC.
P. 0. BOX 3279
LUBBOCK, TEXAS 79452
INSURERA: TEXAS WORKERS I CO IN FUND
INSURERS:
INSURERC:
INSURERD:
INSURERIE
. ==:E]
^^%I�M A ^��
THE POLICIES OF INSURANCE LISTED 13ELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
''QISR TYPE OF INSURANCE I
POLICY NUMBER POLICY ND FEC7IVE POLICY EXPIRATION DATE 1MMfnQfM
I =EACH
LIMITS
GENERAL LIABILITY
OCCURRENCE
S
��'---!�CO�MIuERCU►L GENERAL LIABILITY
I
r
FIRE DAMAGE (Any �a fire)
i
I I ( CLAIMS MADE OCCUR
��
MED EXP (Anam I�rs )
i
PERSONAL & ADV INJURY
S
I � �
GENERAL AGGREGATE
S
GEN'L AGGREGATE LIMIT APPLIES PER:
PROT 1 LOC
POLICY r� JE
PRODUCTS • COMPIOP AGG
S
AUTOMOBILE LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
j (Ea accident) ; S
ALL OWNED AUTOS
'
i
BODILY INJURY
=
SCHEDULED AUTOS
i ( person)
HIRED AUTOS
NON -OWNED AUTOS
i I i (Per BODILY
a dde�nt)RY S
I I
'
PROPERTY0AMAGE iS
I (Per accident)
GARAGE LIANUTM
I I I AUTO ONLY - EA ACCIDENT S
i ANY AUTO
I
OTHER THAN EA ACC I S
i I AUTO ONLY: Ate, , S
I EXCESS LIABILITY
I EACH OCCURRENCE I S
OCCUR I i CLAIMS MADE
I { I AGGREGATE S
{
DEOUCTMLE
, S
RETENTION
I WORKERS COMPENSATION AND
I i
I X 'THY LEI S I AI I
EMPLOYERS' LIABILITY
I
E.L. EACH ACCIDENT js S QQ . 000
A
i
TSF —0001075056
1-1-04 31
E.L DISEASE -EA EAAAI.OYEE, t—SOO 000
E.L. DISEASE - POLICY umiT ( S 500,000
OTHER
I
I
1
DESCRIPTION OF OPERATIONS/LOCATiONSNEHO-ESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
POLICY IS ENDORSED TO PROVIDE WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER IF
THERE IS A WRITTEN CONTRACT BETWEEN THE ABOVE INSURED AND THE CERTIFICATE HOLDER REQUIRING
THE ABOVE.
JOB: #00-178
vGR 1 IriVM i e: nvL.vCR I ABBITImAi euegimniuv"— i er'en. RA LURCl I ATIf%U
MOULD ANY OF TIE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE WI ATmN
CITY OF LUBBOCK
DATE THEREOF. n Isstn"G nasuaER ""LL ENDEAVOR �o1�x
P. 0. BOX 2000
NoncE To THE CERTmAT@ I�LDE tE i; B hY a
-
LUBBOCK, TEXAS 79457
IMPOSE NO OWWM" WN OR LIa TY C>Fny►YQgND U NSUIRER• ITS AGES OR
REPESENTATIVEI
AUTHORIZED REPRESENTATIVE MDEPE AGENCY
A ^^ft- w.. A ...
L_
DONALD R. LEE.
C:IFMPRONCERTPROS. WEB
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endomement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor' does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 254 (7197)
CERTIFICATE OF INSURANCE
B TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000
LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS IS TO CERTIFY THAT (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.
E,
i
M
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
❑ Commercial General Liability
General Aggregate $
❑ Claims Made
Products-Comp/Op AGG $
❑ Occurrence
Personal & Adv. Injury $
❑ Owner's & Contractors Protectivil
Each Occurrence $
Fire Damage (Any one Fire)
Med Exp (Any one Person)
AUTOMOTIVE LIABILITY
❑ Any Auto
Combined Single Limit $
❑ All Owned Autos
Bodily Injury (Per Person) $
❑ Scheduled Autos
Bodily Injury (Per Accident)
❑ Hired Autos
Property Damage $
❑ Non -Owned Autos
GARAGE LIABILITY
❑ Any Auto
Auto Only - Each Accident $
❑
Other than Auto Only:
Each Accident $
Aggregate $
❑ BUILDER'S RISK
❑ 100% of the Total Contract Price
$
❑ INSTALLATION FLOATER
$
EXCESS LIABILITY
❑ Umbrella Form
Each Occurrence $
Aggregate $
❑ Other Than Umbrella Form
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
The Proprietor/ ❑ Included
Statutory Limits
Partners/Executive ❑ Excluded
Each Accident $
Officers are:
Disease Policy Limit $
Disease -Each Employee $
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that the 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.
3 FIVE COPIES OF THE CERTIFICATE OF INSURANCE
(Name of insurer)
MUST BE SENT TO THE CITY OF LUBBOCK
Title:
-z 1
[a
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on
proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the
contractor knew or should have known, of any change that materially affects the provision of coverage of
any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19 point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional words
or changes:
2
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
` t identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
CONTRACT
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 24t1 day of August, 2000 by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so,
hereinafter referred to as OWNER, and Brown -McKee Inc. of the City of Lubbock, County of Lubbock and the State of
Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #00-178 - NATURAL STONE ENTRANCE SIGNAGE AT MACKENZIE PARK - $64,959.00
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.
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APPROVED AS TO FORM:
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City Attorney
ATTEST:
Corporate Secretary
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CONTRACTOR:
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COMPLETE ADDRESS:
Brown -McKee, Inc.
906 East Slaton Road
Lubbock, Texas 79404
GENERAL CONDITIONS OF THE AGREEMENT
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of
Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Parry, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit Brown -McKee. Inc. who has agreed to perform the work embraced in this
contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative CRAIG WUENSCHE PARK DEVELOPMENT
COORDINATOR, so designated who will inspect constructions; or to such other representatives, supervisors,
architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this
agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's
Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
i Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder
for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to
herein as the "contract" or "contract documents".
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
words of like import are used, it shall be understood that the direction, requirement, permission, order, designation
or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable,"
"Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's
Representative.
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.
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CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or
work described in words which so applied have well known, technical or trade meaning shall be held to refer such
recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the
quality or quantity of the work, nor will Owner's Representative be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the
Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the
Contractor's failure to perform the work in accordance with the Contract Documents.
LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems
said lines and grades are necessary for the commencement of the work contemplated by these contract
documents or the completion of the work contemplated by these contract documents. Whenever necessary,
Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but
such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore.
The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless
destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be
replaced by the Owner's Representative at Contractor's expense.
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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.
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 an
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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. B
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 in 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.
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Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not
in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced,
then the Contractor shall be paid the lesser of the following: (1) actual field cost of the
extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged
by a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
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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 ¢-t
clarification obtained before the bids are received, and if no such notice is received by the Owner's i
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
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
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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
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reasonable assurance of compliance with the schedule of progress.
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27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment
and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold
harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any
manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject
matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and
its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance,
rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of
payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in
conformity with the provisions hereof shall establish such waiver..
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor,
or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance
specifying each and all coverages shall be submitted prior to contract execution.
The insurance certificates furnished shall name the City as an additional insured, or in the alternative,
shall be accompanied by a statement from the Contractor to the effect that no work on this particular
project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof
of coverage insurance documents including workers compensation coverage for each subcontractor.
A. General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $500,000.00 Combined
Single Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
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Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $0.00 Combined Single Limit. This
policy shall be submitted prior to contract execution.
Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500,000.00 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and
Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job
and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
Builder's Risk Insurance/Installation Floater Insurance. '
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of
potential loss) naming the City of Lubbock as insured. j
Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $k.00 on all contracts with '
coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverages.
Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.00.
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- k
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 LJ
entity.
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Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor z
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
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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:
X
(e)
M
(g)
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who will
provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the Contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
10
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any additional
words or changes:
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
LJ
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
t
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
3
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,
or other civil actions.";
civil penalties,
I
(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;
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(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided to
the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors 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.
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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
though 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 rl
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.
i
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 s
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as
shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that
when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may
direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the
construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the
Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and
has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that
it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been
delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors
employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public
enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all
justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days
of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the
extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial,
and final. Further, in the absence of timely written notification of such delay and request for extension, as provided
herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in
which event, such expense as in the sole judgment of the Owner's Representative that is caused by such
stoppage shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated
to be estimates, for the various classes of work to be done and material to be furnished under this contract, they
are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing
their bids offered for the work. In the event the amount of work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials furnished on the project.
15
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 L
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 [A
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.
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47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's
Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed
denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed
that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor,
and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and
Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
-_
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the
written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety
on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be
delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no
further notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any
machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or
credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for
under paragraph 24 of this contract); it being understood that the use of such equipment and materials will
t
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 1
any increase in cost to the Owner under the new contract as compared to what would have been the cost i
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 [
[3
L_.
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.
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
a
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.
L-
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 I
CURRENT WAGE DETERMINATIONS
Item No. 39
RESOLUTION April 8, 1999
WHEREAS, the City Council has heretofore established the general prevailing
i 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
Vemon's Ann. Civ. Art. 5159a; and
WHEREAS, such wage rates Nvere established by Resolution No. 719 enacted
February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984. further
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. -
L
--3 WINDY 014, MAYOR
;i
it ATEST:
Kayo a j
Darnell, City Secretary
APPROVED AS TO CONTENT:
Mary Ar, ews, Managing Director of
Human Resources
APPROVED AS TO FORM:
�IAmy L s, A istant City Attomev
gsccdoc ubworks.res
IMarch 25. 1999
.4:11: r
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/Boiler
Insulator -Helper
Iron Worker
Laborer -General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder -Certified
Hourly Rate
11.50
12.50
6.25
9.00
12.50
12.50
7.00
11.00
7.00
8.00
11.00
13.75
7.00
9.50
8.50
9.50
10.50
11.50
7.00
11.00
6.00
6.00
9.50
12.50
7.00
9.00
7.00
10.00
7.00
11.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer -General
Laborer -Utility
Mechanic
Mechanic -Helper
Power Equipment Operators
Asphalt Paving Machine
Bulldozer
Concrete Paving Machine
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grader Operator
Roller
Scraper
Tractor
Truck Driver -Light
Truck Driver -Heavy
Hourly Rate
9.00
6.00
8.00
7.00
12.00
6.00
7.00
6.25
6.00
6.75
8.00
7.00
7.75
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 (in excess of forty hours per week) shall be as required by the Fair
Labor Standards Act.
EXHIBIT D
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be.as required by the Fair Labor Standards Act.
u
No Text
00002 - CERTIFICATION
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The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337 or 333 Guadalupe,
Suite 2-350, Austin, Texas 78701-3942, (512) 305-9000, has jurisdiction over individuals licensed under the
Landscape Architects Registration Law, Texas Civil Statutes, Article 249c, and the Architects Registration
Law, Article 249a, Vernon's Texas Civil Statutes.
SECTION 01630
SUBSTITUTIONS AND PRODUCT OPTIONS
1.01 REQUIREMENTS INCLUDED
A. Furnish and install Products specified, under conditions for options and substitutions stated
in this Section.
1.02 PRODUCTS LIST
A. Within 30 days after award of Contract, submit to Owner or his representative five copies of
complete list of major Products which are proposed for installation.
B. Tabulate Products by Specification Section number and title.
C. For products specified only by reference standards, list for each such Product:
1. Name and address of manufacturer.
2. Trade name.
3. Model or catalogue designation.
4. Manufacturer's data:
a. Reference standards.
b. Performance test data.
1.03 CONTRACTOR'S OPTIONS
A. For Products specified only by reference standard, select Product meeting that standard, by
any manufacturer.
B. For Products specified by naming several Products or manufacturers, select any one of
products and manufacturers named which complies with Specifications.
C. For Products specified by naming only one Product and manufacturer, there is no option and
no substitution will be allowed (unless substitution is approved prior to bid opening).
1.04 SUBSTITUTION PROCEDURE
A. Prior to the Bid Date: Owner will consider substitutions as specified in the Instructions to
Bidders.
B. After the Bid Date: Owner will consider formal written requests from Contractor for
substitution of products in place of those specified only when submitted in accordance with
the requirements of this Section. One or more of the following conditions must be
documented.
1. The substitution must be required for compliance with final interpretation of code
requirements or insurance regulations.
2. The substitution must be due to the unavailability of the specified products, through
no fault of the Contractor. Long delivery period will not qualify as unavailability.
3. The substitution may be requested when subsequent information discloses the
inability of the specified products to perform properly or to fit in the designated
space.
SUBSTITUTIONS AND PRODUCT OPTIONS
4045 01630 -1
4. The substitution may be due to the manufacturer's or fabricator's refusal to certify or
guarantee performance of the specified product as required.
5. The substitution may be requested when it is clearly seen, in the judgement of the
Owner, that a substitution would be substantially to the Owner's best interests in
terms of cost, time or other considerations.
C. Submit a separate request for each substitution on a copy of the request form attached to this
section. Support each request with:
1. Complete data substantiating compliance of proposed substitution with requirements
stated in Contract Documents:
a. Product identification, including manufacturer's name and address.
b. Manufacturer's literature;
C. Samples, as applicable.
d. Name and address of similar projects on which product has been used, and
date of each installation.
2. Itemized comparison of the proposed substitution with product specified; list
significant variations.
3. Data relating to changes in construction schedule.
4. Any effect of substitution on separate contracts.
5. List of changes required in other work or Products.
6. Accurate cost data comparing proposed substitution with product specified.
a. Amount of any net change to Contract Sum.
7. Designation of required license fees or royalties.
8. Designation of availability of maintenance services, sources of replacement
materials.
D. Substitutions will not be considered for acceptance when:
1. They are indicated or implied on shop drawings or product data submittals without
a formal request from Contractor.
2. They are requested directly by a subcontractor or supplier.
3. Acceptance will require substantial revision of Contract Documents.
E. Substitute products shall not be ordered or installed without written acceptance of the Owner.
F. Owner will determine acceptability of proposed substitutions.
1.05 CONTRACTOR'S REPRESENTATION
A. In making formal request for substitution Contractor represents that:
1. He. has investigated proposed product and has determined that it is equal to or
superior in all respects to that specified.
2. He will provide same warranties or bonds for substitution as for product specified.
3. He will coordinate installation of accepted substitution into the Work, and will make
such changes as may be required for the Work to be complete in all respects.
4. He waives claims for additional costs caused by substitution which may
subsequently become apparent.
5. Cost data is complete and includes related costs under his Contract, but not:
a. Costs under separate contracts.
b. Architect/Engineer's costs for redesign or revision of Contract Documents.
6. He will reimburse the Owner separately for fees paid to the Architect/Engineer for
redesign, revision of Contract Documents, and review of each substitution request.
SUBSTITUTIONS AND PRODUCT OPTIONS
4045 01630 - 2
1.06 ARCHITECT/ENGINEER'S DUTIES
A. Review Contractor's requests for substitutions with reasonable promptness.
B. Notify Contractor, in writing, of decision to accept or reject requested substitution.
END OF SECTION
SUBSTITUTIONS AND PRODUCT OPTIONS
4045 01630 - 3
GENERAL CONTRACTOR'S REQUEST FOR SUBSTITUTION
(Submit five copies.)
Request No. Date
Project Name:
Project Name -
Contractor Name and Address -
Hereby requests approval of the following product or system as an "approved substitution."
Specification Section No Page(s) Paragraph
Drawing No(s). Detail or Section No(s)
USE SEPARATE FORM FOR EACH SUBMITTAL.
Name and description of submittal for substitutions.
Manufacturer:
Address
Vendor:
Address:
Telephone:
Telephone:
Are maintenance services and replacement parts available through vendor
Differences between proposed substitution and specified item9
For finish materials and prefinished equipment, list the colors available for the specified item and the colors available
for the proposed substitution -
Manufacturer's guarantees of the proposed and specified items are:
❑ Same ❑ Different. Explain differences on an attachment.
Reason for not giving priority to specified item-
Substitution affects other material or systems: ❑ No ❑ Yes (If yes, attach complete data.)
SUBSTITUTIONS AND PRODUCT OPTIONS
01630 - 4
Enclosed data is (with specific marks related to substitution):
❑ Catalog ❑ Drawings ❑ Sample
❑ Other
List items or elements that are the same as the specified item.
❑ Tests ❑ Reports
Attach list of similar projects using the product attachment. Include Owner, and Owner's representative to contact.
State effects of substitution on construction schedule, and changes in other work or project.
What license fees or royalties are required?
The undersigned states that the function, appearance, quality and results are equivalent or superior to the specified items
and that Substantial Completion will not be affected.
Submitted by:
Contractor's Signature
Firm
Address
Telephone
Date
Owner's Signature•
SUBSTITUTIONS AND PRODUCT OPTIONS
01630 - 5
i
SECTION 01710
CLEANING UP
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Execute cleaning, during progress of Work, and at completion of Work, as required by
General Conditions.
1.02 RELATED REQUIREMENTS SPECIFIED ELSEWHERE
A. General Conditions and Special Specifications of the Contract.
B. Cleaning up required for specific Products or work; Specification Section for that work.
1.03 REQUIREMENTS OF REGULATORY AGENCIES
A. Fire Protection: Store volatile waste in covered metal containers and remove from premises
daily.
B. Pollution Control: Conduct clean-up and disposal operations to comply with local codes,
ordinances and anti -pollution laws.
1. Burning or burying of rubbish and waste materials on the project site is prohibited.
2. Disposal of volatile fluid wastes, (such as mineral spirits, oil or paint thinner), in storm
or sanitary sewer systems or into streams or waterways is prohibited.
PART 2-PRODUCTS
2.01 CLEANING MATERIALS
A. Use only cleaning materials which will not create hazards to health or property and which will
not damage surfaces.
B. Use only those cleaning materials recommended by manufacturer of surface to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer.
PART 3 - EXECUTION
3.01 DURING CONSTRUCTION
A. Execute periodic cleaning to keep Work, site and adjacent properties free from
accumulations of waste materials, rubbish and debris, resulting from construction operations.
B. At not less than every week during progress of Work, clean up site and access and legally
dispose of waste materials, rubbish and debris away from site.
C. Provide on -site dump containers for collection of waste materials, rubbish and debris.
D. Do not allow waste materials, rubbish and debris to accumulate and become an unsightly or
hazardous condition.
CLEANING UP
4045 01710 - 1
E. Lower waste materials in a controlled manner with as few handlings as possible; do not drop
or throw materials from heights.
3.02 CLEAN -OUT SITES FOR CONCRETE TRUCKS
A. If the Owner allows concrete trucks to be washed out on the site, their residue and waste
shall be washed or dumped directly into two (2') feet deep pits provided by the Contractor
near a water source.
B. When use of a pit is terminated, its contents and contaminated soil shall be excavated as
"waste" per Section 02200, and pit shall be filled with soil stockpiled from its excavation.
C. The original grade shall be restored.
3.02 DUST CONTROL
A. Sprinkle dusty debris with water.
B. Vacuum clean interior building areas when ready to receive finish painting and continue
vacuum cleaning on an as needed basis until building is ready for acceptance or occupancy.
C. Schedule operations so that dust and other contaminants resulting from cleaning process will
not fall on wet or newly painted surfaces.
3.03 FINAL CLEANING
A. Employ skilled workmen for final cleaning.
B. Remove grease, mastics, adhesives, dust, dirt, stains, labels, fingerprints and other foreign
materials from sight an exposed surfaces.
C. Repair, patch and touch up marred surfaces to match adjacent finishes.
D. Broom clean paved surfaces; rake clean other surfaces of grounds.
END OF SECTION
CLEANING UP
4045 01710 - 2
00002 - CERTIFICATION
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The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337 or 333 Guadalupe,
Suite 2-350, Austin, Texas 78701-3942, (512) 305-9000, has jurisdiction over individuals licensed under the
Landscape Architects Registration Law, Texas Civil Statutes, Article 249c, and the Architects Registration
Law, Article 249a, Vernon's Texas Civil Statutes.
SECTION 01340
SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
1.01 GENERAL
A.
Refer to Special Specifications, Paragraphs H.29.
B.
Submit to the Owner's representative shop drawings, product data, and samples required by
specification sections.
1.02 SHOP
DRAWINGS
A.
Prepared by a qualified detailer.
B.
Identify details by reference to sheet and detail numbers shown on Contract Documents.
tA
C.
Shop Drawings shall be submitted only to clarify, amplify, or revise information shown or
called for in the contract documents.
1.03 PRODUCT
DATA
A.
Manufacturer's standard schematic drawings and diagrams:
1. Modify drawings to delete information which is not applicable to the work.
2. Supplement standard information to provide additional information specifically
applicable to the work.
B.
Manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts,
illustrations, and other standard descriptive data:
1. Clearly mark each copy to identify pertinent materials, products or models.
2. Show dimensions and clearances required.
3. Show performance characteristics and capacities.
4. Show wiring or piping diagrams and controls.
1.04 SAMPLES
A.
Office samples shall be of sufficient size and quantity to clearly illustrate:
1. Functional characteristics of product or material, with integrally related parts and
attachment devices.
2. Full range of color samples.
B.
Field Samples and Mock-ups:
1. Erect at project site at location acceptable to Owner.
r
2. Construct each sample or mock-up complete, including work of all trades required
in finish work.
1.05 SUBMISSION REQUIREMENTS
L_
A.
Submit shop drawing and product data as soon as practical after award of contract but not
later than thirty (30) days before dates reviewed submittals will be needed.
B.
Submit all office samples as soon as practical but not later than thirty (30) days after award
L__
of contract in order to facilitate color selections and coordination of the various materials.
Final color selections and release of shop drawings contingent upon color selection will not
be made until all office samples have been submitted, coordinated, and approved.
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
;
'i
4045
01340 - 1
_3
i�
C. Number of submittals required:
1. Shop Drawings: Submit 6 prints (an0' only of each shop drawing, unless
otherwise indicated.
2. Product Data: Submit 6 copies of product data.
3. Samples: Submit the number stated in each specification section, minimum of three
samples for each item.
D. Submittals shall include:
1. Date and revision dates.
2. Project title and number.
3. Names of Contractor, subcontractor, supplier, and manufacturer.
4. Identification of product or material and specification section number.
5. Relation to adjacent structure, materials or other critical features.
6. Field dimensions, clearly identified as such.
7. Applicable reference standards.
8. A blank space 4" x 8" for Owner's representative's stamp.
9. Other pertinent data required by specifications.
10. Identification of variation from contract documents.
11. Contractor's stamp, initialed or signed, certifying to review of submittal, verification
of field measurements, compliance with contract documents, and coordination with
requirements of the work.
Note: Absence of the Contractor's stamp shall constitute grounds for rejection of
the submittal until such time as the submittal has been processed in accordance
with this requirement.
1.06 RESUBMISSION REQUIREMENTS
A. Resubmission: Make corrections and changes in submittals required by Owner and
resubmit until approved.
B. Shop Drawings:
1. Revise initial drawings and resubmit as specified for initial submittal.
2. Indicate on drawings any changes which have been made, other than those
requested by Owner.
C. Product Data and Samples: Submit new data and samples as specified for initial submittal.
1.07 DISTRIBUTION OF SUBMITTALS AFTER REVIEW
A. Distribute reviewed copies of shop drawings and product data which carry Owner's
representative's stamp as follows:
1.
Job Site File.
2.
Record Documents File.
3.
Other affected contractors.
4.
Subcontractors.
5.
Supplier or Fabricator.
Owner's representative will retain three (3) copies.
END OF SECTION
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
4045 01340 - 2
SECTION 01630
t_
SUBSTITUTIONS AND PRODUCT OPTIONS
1.01 REQUIREMENTS
INCLUDED
A.
Furnish and install Products specified, under conditions for options and substitutions stated
in this Section.
,
1.02 PRODUCTS
LIST
A.
Within 30 days after award of Contract, submit to Owner or his representative five copies of
complete list of major Products which are proposed for installation.
B.
Tabulate Products by Specification Section number and title.
C.
For products specified only by reference standards, list for each such Product:
1. Name and address of manufacturer.
2. Trade name.
3. Model or catalogue designation.
4. Manufacturer's data:
a. Reference standards.
b. Performance test data.
1.03 CONTRACTOR'S
OPTIONS
A.
For Products specified only by reference standard, select Product meeting that standard, by
any manufacturer.
B.
For Products specified by naming several Products or manufacturers, select any one of
products and manufacturers named which complies with Specifications.
C.
For Products specified by naming only one Product and manufacturer, there is no option and
1
no substitution will be allowed (unless substitution is approved prior to bid opening).
1.04 SUBSTITUTION PROCEDURE
'
A.
Prior to the Bid Date: Owner will consider substitutions as specified in the Instructions to
Bidders.
B.
After the Bid Date: Owner will consider formal written requests from Contractor for
substitution of products in place of those specified only when submitted in accordance with
the requirements of this Section. One or more of the following conditions must be
"t
documented.
1. The substitution must be required for compliance with final interpretation of code
requirements or insurance regulations.
g
2. The substitution must be due to the unavailability of the specified products, through
no fault of the Contractor. Long delivery period will not qualify as unavailability.
-I
3. The substitution may be requested when subsequent information discloses the
inability of the specified products to perform properly or to fit in the designated
space.
SUBSTITUTIONS AND PRODUCT OPTIONS
4045 01630 -1
SECTION 02100
SITE PREPARATION
PART 1 - GENERAL
1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and services required
for clearing and grubbing, minor demolition, removal and disposal of items as specified herein and
on the plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE:
A. Section 02200 - Earthwork.
B. Existing Conditions, Removal and Demolition Items, and Grading Plan: Refer to plan sheets.
PART 2-PRODUCTS
2.01 No products are required to execute this work, except as the Contractor may deem necessary.
PART 3 - EXECUTION
3.01 CLEARING AND GRUBBING:
A. Clearing and grubbing shall consist of removing all natural and artificial objectionable
materials from the project site or from limited areas of construction specified within the site.
B. In general, clearing and grubbing shall be performed in advance of grading and earthwork
operations and shall be performed over the entire area of earthwork operations.
C. Unless otherwise specified on the plans, all trees and shrubs of three (3") inches caliper and
less (caliper is the diameter as measured twelve (12") inches above the ground) and all scrub
growth, such as cactus, yucca, vines, and shrub thickets, shall be cleared. All dead trees,
logs, stumps, rubbish of any nature, and other surface debris shall also be cleared.
D. Buried material such as logs, stumps, roots of downed trees that are greater than one and
one-half (1-1/2") inches in diameters, matted roots, rubbish, and foreign debris shall be
grubbed and removed to a minimum depth of twenty-four (24") inches below proposed
finished grades.
E. Ground covers of weeds, grass, and other herbaceous vegetation shall be removed prior to
stripping and stockpiling topsoil from areas of earthwork operations. Such removal shall be
accomplished -by "blading" off the uppermost layers of sod or root -matted soil for removal.
3.02 PAVEMENT REMOVAL: Bituminous and concrete pavements shall be removed to neatly sawed
edges. Saw cuts shall be full depth. If a saw cut in concrete pavement falls within three (T) feet of an
existing score joint, construction joint, saw joint, cold joint, expansion joint, or edge, the concrete shall
be removed to that joint or edge. All saw cuts shall be parallel and/or perpendicular to the line of
existing pavement. If an edge of a cut is damaged subsequent to saw cutting, the concrete shall again
be sawed to a neat, straight line for the purpose of removing the damaged area.
3.03 UTILITIES REMOVAL: In general, those utilities on the site that are to be removed and that belong
to the Owner shall be removed by the Contractor. The Owner is responsible for arranging the
relocation or removal of other utilities owned by utility companies or other parties.
SITE PREPARATION
4045 02100 - 1
3.04 MINOR DEMOLITION: There may be certain items on the site such as old building foundations,
fences, and other undetermined structures and improvements that must be removed before
construction can commence. Unless otherwise specified, such items become the property of the
Contractor for subsequent disposal.
3.05 USE OF EXPLOSIVES: The use of explosives will not be permitted in site preparation operations
unless specifically permitted by the Owner in writing.
3.06 BACKFILLING: All holes, cavities, and depressions in the ground caused by site preparation
operations will be backfilled and tamped to normal compaction and will be graded to prevent ponding
of water and to promote drainage. In areas that are to be immediately excavated, the
Architect/Engineer may permit holes, etc., to remain open.
3.07 DISPOSAL OF WASTE MATERIALS:
A. Unless otherwise stated, materials generated by clearing, grubbing, removal, and demolition
shall be known as "waste" or "spoils" and shall be removed from the site and disposed of by
the Contractor. Similar materials may be unearthed or generated by earthwork operations.
Unless otherwise specified any merchantable items become the property of the Contractor.
B. In certain cases, the Owner may grant special permission for the Contractor to dispose of
certain "wastes" or "spoils" by deep burial on the site. Such material would be buried in an
approved area; would not be organic, biodegradable, or crushable; and would be buried in
lifts or layers with soil thoroughly compacted around and over the material. A minimum of
thirty (30") inches of cover would be required over the burial site.
4045
END OF SECTION
SITE PREPARATION
02100 - 2
( `t
I
t
_ t__7
SECTION 03100
CONCRETE FORMWORK
PART 1 -GENERAL
1.01 SCOPE: The extent of formwork is indicated by the concrete items shown on the drawings. The work
includes the design, construction, erection, maintenance, and removal of all formwork for concrete
and any other appropriate concrete item called for.
1.02 RELATED WORK SPECIFIED ELSEWHERE:
A. Section 03200 - Concrete Reinforcement.
B. Section 03300 - Cast -in -Place Concrete.
1.03 CODES AND STANDARDS: Comply with provisions of the following codes, specifications, and
standards, except as modified or amended herein.
A. ACI 347-68, 'Recommended Practice for Concrete Formwork."
B. ACI 301-72, "Specifications for Structural Concrete for Buildings."
PART2-PRODUCTS
2.01 DESIGN OF FORMWORK:
A. Design, erect, support, brace and maintain formwork so that concrete items will be of the
correct size, shape, alignment, elevation, and position.
B. Design formwork to be readily removable without impact, shock, or damage to the
cast -in -place concrete surfaces and adjacent materials.
C. Provide formwork sufficiently tight to prevent leakage of cement paste during concrete
placement. Solidly butt all joints and provide backup material at joints as may be required to
prevent leakage and fins.
D. Wood Forms: Shall be No. 2 common southern yellow pine, or equivalent, materials milled
to reasonably uniform width and thickness, at least two (2) edges and one (1) side dressed
for tight fit.
E. Metal Forms: Clean, unpainted, and in good condition to provide members of widths and
depths required. Severely damaged or indented forms are not acceptable.
PART 3 - EXECUTION
3.01 FORMWORK:
A. All forms shall be observed by the Architect/Engineer prior to placement of concrete. The
Contractor shall notify the Architect/Engineer at least twenty-four (24) hours prior to placing
concrete.
B. Forms shall be built to the shapes and dimensions of the concrete on the drawings, shall be
set to lines and grades, braced and secured to withstand placing of concrete.
CONCRETE FORMWORK
4045 03100 -1
3.02 PREPARATION OF FORM SURFACES:
A. Coat the contact surfaces of forms with a form -coating compound before reinforcement is
placed. Provide commercial formulation form -coating compounds that will not bond with,
stain, or adversely affect concrete surfaces and will not impair subsequent treatment of
concrete surfaces requiring bond or adhesion nor impede the wetting of surfaces to be cured
with water or curing compounds. Thin form -coating compounds only with the thinning agent
of the type and in amount and under the conditions of the form -coating compound
manufacturer's directions. Do not allow excess form -coating material to accumulate in the
forms or to come into contact with concrete surfaces against which fresh concrete will be
placed. Apply in compliance with the manufacturer's instructions.
B. Coat steel forms with a non -staining, rust preventive form oil or otherwise protect against
rusting. Rust stained steel formwork is not acceptable.
3.03 REMOVAL OF FORMS: Forms shall not be removed until concrete has adequately hardened and,
in any event, not less than two (2) days.
3.04 RE -USE OF FORMS: Clean and repair the surfaces of forms that are to be re -used in the work,
except that warped, split, frayed, delaminated, or otherwise damaged form -facing material will not be
acceptable. Apply new form -coating compound material to all concrete contact form surfaces as
specified for new formwork.
4045
When forms are extended for successive concrete placement, thoroughlyclean surfaces, remove fins
and laitance, and tighten forms to close all joints. Align and secure all joints to avoid offsets. Do not
use "patched" forms for exposed concrete surfaces except as acceptable to the Architect/Engineer.
A. All formwork shall comply with ACI 302-69, "Recommended Practice for Concrete Floor and
Slab Construction."
END OF SECTION
CONCRETE FORMWORK
03100 - 2
SECTION 03200
CONCRETE REINFORCEMENT
PART 1 - GENERAL
1.01 SCOPE: The extent of concrete reinforcement is shown on the drawings and in schedules. The work
includes fabrication and placement of reinforcement for the cast -in -place concrete, including bars,
ties and supports.
1.02 RELATED WORK SPECIFIED ELSEWHERE:
A. Section 03100 - Concrete Formwork.
B. Section 03300 - Cast -in -Place Concrete.
1.03 CODES AND STANDARDS: Complywith requirements of the following codes and standards, except
as herein modified:
A. American Concrete Institute, ACI 315 "Manual of Standard Practice for Detailing Reinforced
Concrete Structures."
B. American Welding Society, AWS, D 12.1 "Recommended Practices for Welding Reinforcing
Steel, Metal Inserts and Connection in Reinforced Concrete Construction.
C. Concrete Reinforcing Steel Institute, "Manual of Standard Practice."
1.04 SUBMITTALS: Submit to the Engineer in conformance with the requirements of the CONDITIONS
OF THE CONTRACT.
A. For information only, submit two (2) copies of steel producer's certificates of mill tests for
reinforcing steel.
B. Submit shop drawings for fabrication, bending, and placement of concrete reinforcement.
Comply with ACI 315 "Manual of Standard Practice for Detailing Reinforced Concrete
Structures." Show bar schedules, stirrup spacing, diagrams of bent bars, arrangements and
assemblies, as required for the fabrication and placement of concrete reinforcement.
1.05 PRODUCT, DELIVERY, HANDLING, AND STORAGE:
A. Deliver reinforcement to the project site bundled, tagged, and marked. Use metal tags
indicating bar size, lengths, and other information corresponding to markings shown on
placement diagrams.
B. Store concrete reinforcement materials at the site to prevent damage and accumulation of
dirt or excessive rust.
PART 2-PRODUCTS
2.01 MATERIALS:
A. Reinforcing Bars: ASTM A615 of grade shown on drawings with minimum yield strength of
60,000 psi.
CONCRETE REINFORCEMENT
4045 03200 - 1
B. Supports for Reinforcement: Bolsters, chairs, spacers, and other devices for spacing,
supporting, and fastening reinforcement in place.
1. Use wire bar type supports or plastic -type chairs, complying with P57-66, unless
otherwise indicated. Do not use wood, brick, and other unacceptable materials.
2. For exposed -to -view concrete surfaces, where legs of supports are in contact with
forms, provide supports with legs which are plastic or plastic -tipped metal.
2.02 FABRICATION:
A. General: Shop -fabricate reinforcing bars to conform to required shapes and dimensions with
fabrication tolerances complying with ACI 315. In case of fabricating errors, do not re -bend
or straighten reinforcement in a manner that will injure or weaken the material.
B. Unacceptable Materials: Reinforcement with anyof the following defects will not be permitted
in the work:
1. Bar lengths, depths and bends exceeding specified tolerances.
2. Bends or kinks not indicated on drawings or final shop drawings.
3. Bars with reduced cross section due to excessive rusting or other cause.
PART 3 - EXECUTION
3.01 INSTALLATION: Complywith the specified codes and standards and the Concrete Reinforcing Steel
Institute recommended practice for "Placing Reinforcing Bars" for details and methods of
reinforcement placement and supports and as herein specified.
A. Clean reinforcement to remove loose rust and mill scale, earth, ice, and other materials
which reduce or destroy bond with concrete.
4045
B. Position, support, and secure reinforcement against displacement byformwork, construction
or concrete placement operations. Locate and support reinforcing by metal chairs, runners,
bolsters, spacers, and hangers, as required.
C. Place reinforcement to obtain the minimum coverages for concrete protection. Arrange,
space, and securely tie bars and bar supports together with No. 16 gauge wire to hold
reinforcement accurately in position during concrete placement operations. Set wire ties so
that ends are directed away from exposed concrete surfaces.
D. Provide sufficient numbers of supports and of strength to carry reinforcement. Do not place
reinforcing bars more than two (2") inches beyond the last leg of any continuous bar support.
Do not use supports as bases for concrete conveying equipment and similar construction
loads.
E. Splices: Provide standard reinforcement splices by lapping ends, placing bars in contact, and
tightly wire tying. Comply with requirements of ACI 318 for minimum lap of spliced bars.
END OF SECTION
CONCRETE REINFORCEMENT
03200 - 2
SECTION 03300
CAST -IN -PLACE CONCRETE
PART 1 - GENERAL
1.01 SCOPE: This item shall consist of concrete paving and miscellaneous concrete items composed of
portland cement concrete, with reinforcing steel, constructed as herein specified on an approved
subgrade, and in conformance with the lines and grades shown on the plans and details.
1.02 RELATED WORK SPECIFIED ELSEWHERE:
A. Section 03100 - Concrete Formwork.
B. Section 03200 - Concrete Reinforcement.
1.03 CODES AND STANDARDS: Comply with the following codes and standards except as modified or
amended herein:
A. ACI 301-72 (Revised 1975) "Specifications for Structural Concrete for Buildings."
B. ACI 318-77 "Building Code Requirements for Reinforced Concrete."
C. ACI 304-73 (Reaffirmed 1978) "Recommended Practice for Measuring, Mixing, Transporting
and Placing Concrete."
1.04 TESTING: Refer to General and Special Provisions.
1.05 WORKMANSHIP: All concrete work which does not conform to the specified requirements, including
strength, tolerances, and finishes, shall be removed and replaced or corrected as directed by the
Architect/Engineer at the Contractor's expense, without extension of time.
1.06 SUBMITTALS: Submit to the Architect/Engineer in conformance with the requirements of the
CONDITIONS OF THE CONTRACT.
A. Laboratory Test Reports: Submit two (2) copies of laboratory test reports for concrete
materials, mix design tests, and field quality control tests as specified under "Testing."
B. Delivery Tickets: Furnish duplicate delivery tickets to the Architect/Engineer as specified
under "Production of Concrete."
PART 2-PRODUCTS
2.01 CONCRETE: All concrete shall be 3,000 psi or greater at twenty-eight (28) days, portland cement mix,
reinforced as specified, and shall be of the size, dimension, and detail shown on the drawings and
in accordance with these specifications.
A. Cement: Provide portland cement, Type 1, ASTM C150, except as otherwise indicated.
B. Aggregates for Normal Weight Concrete;
1. Coarse: Shall conform to ASTM C33 and as herein specified. Use clean, uncoated,
processed aggregate containing no clay, mud, loam, or foreign matter. Shall be
CAST -IN -PLACE CONCRETE
4045 03300 - 1
crushed stone, processed from natural rock or stone or washed gravel, either natural
or crushed. Use of pit or bank run gravel is not permitted.
2. Fine: Shall conform to ASTM C33 and as herein specified. Use clean, sharp, natural
sand, free from loam, clay lumps, or other deleterious substances.
3. In proportioning, fine and coarse aggregates shall be regarded as separate
ingredients. Each size of coarse aggregate, as well as combination of sizes when
two or more are used, shall conform to the appropriate grading requirements of
applicable ASTM specifications. Maximum sizes of aggregates shall be determined
by proportioning requirements.
4. Provide aggregates of each type from one source to ensure uniformity of color, size,
and shape.
5. Maximum size of coarse aggregate and proportion of design mix as follows:
CONCRETE FOOTINGS
Maximum Water and Cement Ratio,
Gal./Sack
6 (max.)
Aggregate, Maximum Size
1-1/2"
Weight
Normal
Slump Range, Inches
3-5
Percent Air Entrainment
---
PSI
3,000 min.
C. Water for Mixing and Curing: Clean, fresh, free from oil, acid, organic matter, or other
deleterious substances. Provide water for curing that does not contain impurities in sufficient
amount to etch concrete surfaces or cause discoloration to concrete indicated to remain
exposed and unpainted.
2.02 REINFORCING STEEL: Reinforcing steel shall be as called for on the drawings and shall conform
to Section 03200.
2.03 SUBGRADE: All subgrade for concrete paving shall be compacted or lime treated as shown on the
drawings and as specified in Section 02200 - Earthwork.
2.04 FORMS: Concrete forms shall conform to Section 03100 - Concrete Formwork.
2.05 CHAIRS: Use wire -bar type supports or plastic -type chairs, as approved by the Architect/Engineer.
Do not use wood, brick or other unacceptable materials.
�s
2.06 ANCHORAGE MATERIALS: All threaded inserts, anchors, etc., shall be the type, size, and location
t
as shown on the plans.
2.07 EPDXY -RESIN ADHESIVE BINDER: Provide a two (2) component, mineral filled, epoxy polysulfide
polymer complying with FS-MMM-G-650, Type I or 11, Grade A. Complying products include the
t 1
following:
1
Epoxite Grout: W. R. Grace.
Colma Dur: Silka Chemical.
CAST -IN -PLACE CONCRETE
4045 03300 - 2
PART 3 - EXECUTION
3.01 GENERAL: Concrete work will have a thickness as shown on the details and shall be placed
subgraded as shown.
3.02 GRADES: Verify proposed grades, establishing surface elevation of paving as shown on the
drawings. Before proceeding with the work, all such proposed grades shall be verified in consideration
of the drainage conditions and job conditions. The intent of this contract is to require grades which
will permit proper drainage of the site, proper drainage away from the various constructed surfaces
thereon. Any grade or condition, proposed or existing, which, in the opinion of the Contractor,
represents a hazard to such drainage shall be brought to the Architect/Engineer's attention
immediately.
3.03 FORMS: All formwork shall be observed and approved by the Owner's Representative prior to placing
any concrete. See Section 03100 - Concrete Formwork. Forms shall be securely staked to line and
grade and maintained in a true position during the placement of concrete.
3.04 PLACEMENT OF REINFORCEMENT: All reinforcement shall be as shown on the plans.
3.05 PRODUCTION OF CONCRETE:
A. Concrete shall be transit mixed (on -site batching optional) as specified herein. All plant
facilities are subject to acceptance of the Architect/Engineer.
B. Ready Mixed Concrete: Comply with requirements of ASTM C94, and as herein specified,
provided the quantity and rate of delivery will permit unrestricted progress of the work in
accordance with the placement schedule. Proposed changes in mixing procedures other than
specified herein must be accepted by the Architect/engineer before implementation.
Modifications to ASTM C94 are as follows:
Provide concrete materials, proportions, and properties as herein specified in lieu of
ASTM Section 4.
2. Slump: Slump range in inches shall be within Y-Y in lieu of ASTM Section 5. 1.
3. Mixing and Delivery: Delete the references for allowing additional water to be added
to the batch of material with insufficient slump. Addition of water to be batch will not
be permitted as specified in ASTM Section 9.7. In addition to the requirements of
ASTM Section 9.7, when the air temperature is between 85 and 90 degrees
Fahrenheit reduce the mixing and delivery time from 1-1/2 hours to 75 minutes, and
when the air temperature is above 90 degrees Fahrenheit reduce the mixing and
delivery time to 60 minutes. When the truck mixer is used for the complete mixing
of the concrete, begin mixing operation within 30 minutes after the cement has been
intermingled with the aggregate.
4. Certification: Furnish duplicate delivery tickets with each load of concrete delivered
to the site. In addition to the requirements of ASTM Section 14.1, provide the
following information on delivery tickets: type and brand of cement, cement content
per cubic yard of concrete, maximum size of aggregate, amount and brand name of
each admixture, and total water content expressed as water/cement ratio.
5. Strength: Delete ASTM Section 15 and comply with concrete testing requirements
as herein specified.
CAST -IN -PLACE CONCRETE
4045 03300 - 3
6. Maintain equipment in proper operating condition with drums cleaned before
changing each batch. Schedule rates of delivery in order to prevent delay of concrete
too long in the mixer before the addition of water admixtures.
C. Cold Weather Requirements: No concrete shall be placed when the temperature is below
forty (40) degrees Fahrenheit or when the temperature is fifty (50) degrees and dropping.
3.06 EMBEDDED ITEMS: Set and build, into the work, anchorage devices and other embedded items
required for other work, including, but not restricted to, metal inserts, mechanical and electrical
inserts, as required. Refer to drawings for location, type, size, etc.
3.07 STRIPPING OF FORMS:
A. Formwork not supporting weight of concrete, such as edges of slabs, etc., may be removed
twelve (12) hours after placing concrete provided concrete is sufficiently hard to not be
damaged by removal operations and provided that curing and protection operations are
maintained.
B. After forms are removed and prior to backfilling with earth, the edges of the slabs shall be
coated with membrane -curing compound.
3.08 DEFECTIVE CONCRETE: Any concrete which, in the opinion of the Architect/Engineer, has crazed
or cracked considerably or possesses a bad finish or is not at the proper grade, size or location or
does not meet the specified strength will be subject to rejection, and it shall be removed and replaced
at the Contractor's expense. Any concrete which needs to be repaired shall be repaired by methods
approved by the Arch itect/Engineer.
3.09 CLEANUP: It is the intent of this contract to ensure that an adequate cleanup job will be performed
by the Contractor as soon during the construction procedure as possible. In particular, all concrete
edging and sidewalk shall be backfilled as soon as possible. Before the project is accepted by the
Owner, all rocks, stones, and other construction debris shall be removed. All necessary cleanup work
shall be considered subsidiary to the various bid items in this contract.
3.10 SCHEDULE OF TEST SPECIMENS: Provide the indicated number of sets of specimens for testing,
there being three cylinder specimens per set as described in this specification. Specimens shall be
taken during placement of concrete as directed by the Owner or Architect/Engineer and under the
supervision of a representative of the laboratory testing agency.
4045
END OF SECTION
CAST -IN -PLACE CONCRETE
03300 - 4
SECTION 04100
MORTAR AND GROUT
PART 1 - GENERAL
1.01 RELATED WORK ELSEWHERE:
A. Section 04200 - Unit Masonry.
B. Section 04400 - Stonework.
1.02 PRODUCT DELIVER, STORAGE AND HANDLING:
A. Store all mortar and grout materials under cover, above ground and in a dry place. Keep
stockpiled aggregates covered with suitable cover at all times.
B. Deliver all mortar and grout materials in their original, unopened containers. Packages shall
clearly indicate the brand, name of manufacturer, and net weight of each package.
PART2-PRODUCTS
2.01 PORTLAND CEMENT: ASTM C 150, Type I, no air entrainment.
2.02 LIME: ASTM C 207, Type S.
2.03 AGGREGATE:
A. Aggregate for Mortar: ASTM C 144-70, locally available, light in color.
B. Aggregate for Pointing: ASTM C 144-70, locally available, light in color and passing No. 16
sieve.
2.04 MORTAR: Colored, Type "S."
2.05 WATER: Potable.
2.06 MIXES: All cementious materials and aggregates shall be mixed for a minimum of five (5) minutes
in a mechanical batch mixer with amount of water required to produce a workable consistency.
2.07 COLOR: Color to be selected by the Owner's Representative.
PART 3 - EXECUTION
3.02 GENERAL:
A. Provide mortar and grout in sufficient quantity so as not to disrupt the continuous placement
of masonry materials.
B. Mortar not used within two (2) hours shall be discarded.
C. Mortar that has stiffened within time intervals above because of evaporation may be
retempered by adding water to regain its original workability.
MORTAR AND GROUT
4045 04100 - 1
D. Cementitious materials and aggregate shall be mixed with just enough water to make a damp
mixture. Allow to stand for approximately two (2) hours then remix and add water to obtain
proper workability for tuck pointing.
3.02 CLEANUP: Remove all packages, containers, equipment and other materials associated with this
section at completion of work.
MORTAR AND GROUT
4045 04100 - 2
SECTION 04400
STONEWORK
PART 1 - GENERAL
1.01 SCOPE: This section covers the furnishing and installation of stone masonry units, as shown on the
plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE:
A. Section 04100 - Mortar and Grout.
1.03 SUBMITTALS: Submit a sample of the specified stone to the Architect/Engineer for approval.
1.04 SAMPLE MASONRY PANEL: After material samples are approved, build one (1) sample panel of
stonework on the project site where directed. Panel shall be not less than four (4') feet long, three
(T) feet high and typical wall thickness.
1.05 MASONS: Stone masons shall have demonstrated a high degree of experience in work similar to
that required for this project. The Architect/Engineer reserves the right to qualify and approve the
stone masons prior to commencement of the masonry work.
PART2-PRODUCTS
2.01 ANCHORS AND TIES: Types as indicated on the drawings, including corrugated metal anchors for
stone veneer work. Place at maximum of sixteen (16") inches vertical and sixteen (16") inches
horizontal. Refer also to Section 04100.
2.02 MORTAR: Conform to ASTM C270, Type "S" with average compressive strength at 28 days of 750
psi, waterproof.
A. Materials for Mortar: Portland Cement - ASTM Type 1; Hydrated Lime - ASTM C207; Sand -
ASTM C144; Water - City tap water.
2.03 STONE: Chopped Sand Stone.
A. Size: Maximum dimension = 30 inches. Minimum dimension = 5 inches. Sizes seventy
(70%) percent of the stone shall be of evenly graded failing within the range of 24-inch
maximum dimension and 12-inch minimum dimension. Maintain an average thickness of five
(5") inches. Match existing sign stone and pattern.
B. Color: Varies; tan, brown, rust.
C. Material: Chopped Sandstone.
D. Source: Custom Stone Co., Dallas, or Sid Parker Stone Co., Fort Worth, or approved equal.
PART 3 - EXECUTION
3.01 GENERAL:
A. Examination of Drawings: Carefully examine drawings. Check location of stone and work
inserts in connection with the stonework.
STONEWORK
4045 04400 - 1
B. Scaffolding: Furnish, erect, maintain and move scaffolding required for installation of stone.
Permit other trades to work on scaffolding at proper times as required.
C. Laying: No unit with a film of water or frost on its surface shall be laid. Remove any unit that
is disturbed after mortar has stiffened and re -lay with fresh mortar.
3.02 ANCHORAGE: As detailed.
3.03 MORTAR JOINTS: Shall be 1/2" deep to 3/4" wide raked. Raking shall be done after mortar has
taken its initial set.
3.04 POINTING AND CLEANING: At the completion of a masonry work, cut out and replace defective
joints. Exposed masonry shall be thoroughly cleaned.
3.05 WATERPROOFING: Clear Prime-a-Pel shall be applied to all stone surfaces as per manufacturer's
recommendations.
3.06 PATTERNS: Pattern shall be the same as existing sign.
END OF SECTION
STONEWORK
4045 04400 - 2
SECTION 04435
CAST STONE
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes: Cast stone.
B. Related Sections:
1. Section 04200 - Unit Masonry.
2. Section 07920 - Sealants and Calkings: joint sealant.
1.2 REFERENCES
A. American Society for Testing and Materials (ASTM):
1. ASTM A 123 Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel
Products.
2. ASTM A 185 Specification for Steel Welded Wire, Fabric, Plain, for Concrete
Reinforcement.
3. ASTM A 615 Specification for Deformed and Plain Billet -Steel Bars for Concrete
Reinforcement.
4. ASTM C 33 Specification for Concrete Aggregates.
5. ASTM C 35 Specification for Inorganic Aggregates for Use in Gypsum Plaster.
6. ASTM C 39 Test Method for Compressive Strength of Cylindrical Concrete
Specimens.
7. ASTM C 150 Specification for Portland Cement.
8. ASTM C 207 Specification for Hydrated Lime for Masonry Purposes.
9. ASTM C 642 Test Method for Specific Gravity, Absorption, and Voids in Hardened
Concrete.
10. ASTM C 979 Specification for Pigments for Integrally Colored Concrete.
B. Federal Specification (Fed. Spec.):
1. Fed. Spec. SS-S-721C, INT AMD1, Stone, Architectural, Cast.
1.3 SUBMITTALS
A. Samples: Submit in accordance with Section 01340. Submit 3 samples approximately 8 in.
x 8 in., finished to show the variation in color and texture which will occur in the material to
be delivered.
B. Shop Drawings: Submit in accordance with Section 01340. Drawings shall show the sizes,
sections, and dimensions of stone, the arrangement of joints and bonding.
1.4 QUALITY ASSURANCE
A. Manufacturer Qualifications: Firm with not less than five years of continuous operation,
having successful experience, adequate facilities, and capacity to furnish the quality, sizes,
and quantity of cast stone required without delaying the progress of work. Manufacturer shall
be responsible for reinforcement and anchorage design.
B. The average water absorption of cast stone shall not exceed 6% by dry weight when tested
in accordance with the requirements of ASTM C 642.
CAST STONE
4045 04435 - 1
1.5
DELIVERY, STORAGE, AND HANDLING
A.
Cast stone units delivered to the site shall be inspected for damage, unloaded, and stored
with a minimum of handling. Damaged stone will be rejected and shall be removed from the
project site.
j
B.
Protect cast stone during storage and construction against wetting, soiling, staining, and
damage.
C.
Store cast stone units on wood skids or pallets covered with non -staining, waterproof
membrane.
1.6
PROJECT CONDITIONS
A.
Environmental Requirements: No stone shall be set when freezing weather is expected.
PART 2 - PRODUCTS
2.1
ACCEPTABLE MANUFACTURERS
A.
Provide cast stone units as manufactured by one of the following:
1. Architectural Cast Stone Corp.
2. Dallas Cast Stone Co., Inc.
2.2
CAST STONE MATERIALS
A.
Portland Cement: ASTM C 150, Type I or Type 111, white, domestic manufacture.
B.
Aggregate: ASTM C 33, white silica sand.
C.
Coloring Agent: Inorganic (natural or synthetic) iron oxide pigments complying with ASTM C
979, excluding the use of a cement grade of carbon black pigment, and shall be guaranteed
by the pigment manufacturer to be non -fading and limeproof. The amount of pigment shall
not exceed 10% by weight of the cement used. Cast stone color shall be as selected by
Architect.
D.
Water: Clean and free of deleterious amount of acids, alkalies, or organic materials.
2.3
REINFORCING AND ANCHORS
1
A.
Reinforcing Bars: ASTM A 615, Grade 60. Bars shall be hot -dipped zinc coated after
j
fabrication in accordance with ASTM A 123.
B.
Reinforcing Mesh: ASTM A 185, No. 3 gage zinc -coated wire rods electrically welded on 4"
centers each way.
C.
Anchors, inserts, and dowels shall be corrosive resistant of stainless steel, brass or bronze.
2.4
MORTAR MATERIALS
1
A.
Portland Cement: ASTM C 150, white, domestic manufacture.
B.
Lime: ASTM C 207, Type S.
C.
Sand: ASTM C 35, hard, sharp natural sand.
CAST STONE
4045
04435 - 2
`i__i
t ]
s
_f
D. Coloring Agent: Non -fading, limeproof pigment to produce mortar color to match cast stone.
E. Water: Clean and free of deleterious amount of acids, alkalies, or organic materials.
2.5 MORTAR MIXES
A. Setting Mortar: Proportions by volume:
1 part cement
1 part lime
6 parts sand
B. Pointing Mortar: Proportions by volume:
1 part cement
%z part lime
3 parts sand
Coloring agent as required to provide consistent color
2.6 FABRICATION
A. General: Cast stone shall be Type I complying with Fed. Spec. SS-S-721 C, color as selected
by Architect. Cast stone shall have a minimum compressive strength of 6,000 psi at 28 days
when tested in accordance with ASTM C 39. Cast units shall be free from defects such as
cracks, loose aggregate, broken edges, and marred finish surfaces which may affect
appearance or serviceability. All units shall be equal in color and surface texture to approved
samples.
B. All casting shall be done in accurate molds designed to withstand high frequency vibration.
Steel reinforcement units shall be accurately placed. Vibration shall be continuous during the
casting process until full specified thickness is reached and all excess water brought to the
surface.
C. Curing: No cast stone shall be shipped to the project site until after it has been properly cured
at the manufacturer's plant for at least ten days.
D. Fabrication Tolerances:
1. Height and Width: Plus 1/16", minus 1/8".
2. Length:
a. Up to 2'-0": Plus 1/6", minus 1/8".
b. 2'-0" to 5'-0": Plus 1/8", minus 1/8".
c. 5'-0" to 10'-0": Plus 1/8", minus 3/16".
PART 3 - EXECUTION
3.1 ERECTION
A. General: Stone shall be clean. Before setting, sponge or drench with clean water.
B. Set stone units level, square, and true with uniform'/4' wide mortar joints. Set stone pieces
in full beds of mortar with vertical joints flushed full. Completely fill anchor, dowel, and similar
holes.
C. Exposed joints shall be tooled slightly concave with a round or other approved jointer, when
the mortar is thumbprint hard. Joints shall be brushed to remove all loose and excess mortar.
CAST STONE
4045 04435 - 3
D. Form weep holes at the bottom of every vertical joint. Form weep holes with W oiled sash
cord or plastic tubing and remove when the mortar has set.
E. Installation tolerances shall be in accordance with the requirements of Section 04200 - Unit
Masonry.
3.2 CLEANING
A. Upon completion, clean stone surfaces with stiff fiber brushes and neutral soap in clean
water, and rinse off with clean water. Do not use wire brushes or acids.
3.3 PROTECTION
A. Cast stone shall be protected after erection and until final cleaning by non -staining rosin sized
paper or polyethylene film or not less than 4-mil thickness.
END OF SECTION
CAST STONE
4045 04435 - 4
SECTION 09860
GRAFFITI RESISTANT COATINGS
PART 1 - GENERAL
1.01 RELATED WORK ELSEWHERE:
A. Section 04400 - Stonework.
1.02 PRODUCT DELIVERY, STORAGE AND HANDLING:
A. Deliver sealed containers with manufacturer's label, legible and intact.
B. Storage of Materials:
1. Store only acceptable project materials onsite.
2. Store in a suitable location.
3. Comply with health and fire regulations.
1.03 JOB CONDITIONS:
A. Environmental Requirements:
1. Complywith manufacturer's recommendations as to environmental conditions under
which coatings and coating systems can be applied.
2. Do not apply finish in areas where dust is being generated.
PART 2-PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS:
A. Graffiti Resistant Coating: Coating as manufactured and supplied by Seal-Kete, Inc. Contact
1-800-323-7357 or 941-967-1535.
B. Items of other manufacturers will be acceptable for substitution provided they meet the quality
standards of this specification for finish, function and grad.
PART 3 - EXECUTION
3.01 APPLICATION:
A. Apply by brush, roller or spray equipment.
B. Examine the areas and conditions under which work this section will be performed. Correct
conditions detrimental to timely and proper completion of the work. Do not proceed until
unsatisfactory conditions are corrected.
C. Apply coating as per manufacturer's recommendations.
:011ixeCiI,11g1
GRAFFITI RESISTANT COATINGS
4045 09860 -1
SECTION 10990
MISCELLANEOUS SPECIALTIES
PART 1-GENERAL
1.01 SCOPE: Furnish miscellaneous specialty items as specified herein.
1.02 SUBMITTALS: Submit manufacturer's literature, indicate materials, construction, size, quantities,
finishes, and installation details.
PART 2 - MATERIALS
2.01 ALUMINUM LETTERS:
A. Aluminum letters shall be 8" and 12" in height with average width of 65/8' and 10".
B. Style shall be #106 Helvetica Medium.
C. Face and sides shall be ground smooth, satin face, degreased and etched.
D. Letters shall have a #20 baked enamel finish, color as selected by Owner.
PART 3 - EXECUTION
3.01 INSTALLATION: Install according to manufacturer's instructions and in locations as shown on
drawings.
END OF SECTION
MISCELLANEOUS SPECIALTIES
4045 10990 -1
Resolution No. 2000-RO298
TERMINATION OF CONTRACT
WHEREAS, the City of Lubbock, Texas (the "City") and Brown -McKee, Inc. of
Lubbock, Texas (the "Contractor") entered into a contract on August 24, 2000 for Natural Stone
Entrance Signage at Mackenzie Park (the "Contract"); and
WHEREAS, the City and the Contractor mutually desire to terminate said contract due to
the Texas Historical Commissioner's unwillingness to approve the demolition and replacement
of the Interstate 27 Mackenzie Park Sign.
NOW THEREFORE, the parties do hereby agree as follows:
I . The Contract is immediately terminated as of the date of execution by both parties.
2. The parties do hereby acknowledge and agree that neither party is liable for any damages
that have or may occur due to the termination of the Contract. Both parties agree to hold the
other party harmless, to the fullest extent allowed by law, for any damages that have or may
occur due to the termination of the Contract.
SIGNED this 30th day of April , 2002.
CITY OF LUBBOCK, TEXAS BROWN-MCKEEE, INC.
j /,Ad!L A
WINDY SITTO , MA BY: 10146 / .
TITLE: 2t,05/,oJCAr,
ATTEST:
R_qa�� _r,_ ,
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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Craig Vikensche
Park Development Coordinator
APPROVED AS TO FORM:
'k4_ Ab - / h--7
William D. de Haas, Contract Manager