HomeMy WebLinkAboutResolution - 4060 - Contract - Trans Texas Tennis Inc - Municipal Tennis Center Court Renovations - 01_14_1993Resolution No. 4060
January 14, 1993
Item #19
RESOLUTION
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 by and
between the City of Lubbock and Trans Texas Tennis, Inc. for reconstruction of
the championship tennis courts at the Municipal Tennis Center, attached here-
with, which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
:5:0_0� sizo aip,
Sally St Abbe, Acting City
Secretar
APPROVED AS TO CONTENT:
Victor Kilman-A Acting Pur-c-liasing
Manager
APPROVED AS TO FORM:
SW:ja/TRANSTEX.RES.
D2-Agenda/rev. January 7, 1993
CITY OF LUBBOCK
SPECIFICATIONS
FOR
MUNICIPAL TENNIS CENTER
TENNIS COURT RENOVATIONS
BID # 12348
CITY OF LUBBOCK
Lubbock, Texas
�
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: MUNICIPAL TENNIS CENTER -
TENNIS COURT RENOVATIONS
ADDRESS: 66TH A WRY AVENUE
BID NUMBER: 12348
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PROJECT NUMBER: 1491-553107.9725
CONTRACT PREPARED BY: Purchasing Department
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INDEX
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NOTICETO BIDDERS.......................................................................................3
GENERALINSTRUCTIONS TO BIDDERS............................................................................5
BIDPROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
PAYMENTBOND..............................................................................................14
PERFORMANCEBOND......... ...........................................................................17
CERTIFICATEOF INSURANCE..................................................................................20
CONTRACT................................................................................ 22
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GENERALCONDITIONS OF THE AGREEMENT.......................................................................24
CURRENTWAGE DETERMINATIONS...............................................................................42
SPECIFICATIONS............................................................................................43
SPECIALCONDITIONS........................................................................................44
NOTICE OF ACCEPTANCE........................................................... 45
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID S 12348
Sealed proposals addressed to Ron Shuffield, Buyer, City of Lubbock, Texas, will be received at the
office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock a.m.
on the 17th day of December. 1992, 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:
MUNICIPAL TENNIS CENTER - TENNIS COURT RENOVATIONS
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Buyer at his office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of
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 14th day of January. 1993. at Municipal Bldg.,
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
and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the
total contract price in the event that said contract price exceeds S25,000.00. Said statutory bonds should
be issued by a company carrying a current 11sl Rating of f. or superior, as the rating of the bond company is
a factor that will be considered in determination of the lowest responsible bidder. If the contract price
does not exceed S25,000.00 the said statutory bonds will not be required.
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 proposal bond from a
reliable surety company, payable without recourse to the order of the City of Lubbock in an mount 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.
The plans, specifications, proposal form and contract documents may be examined at the office of
the Purchasing Manager for the City of 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 Am. 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.
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The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, disability, or national origin in consideration for an award.
There will be a pre -bid conference on Oth day of December, 1992, at 10:00 o'clock a.m., Purchasing
Conference Room L-04, Municipal Building, 1625 13th Street.
CITY OF LUBBOCK
BY: Ron Shuf
BUYER
ADVERTISEMENT FOR BIDS
BID S 12348
Sealed proposals addressed to Ron Shuffield, Buyer, City of Lubbock, Texas, will be received at 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 17th day of December. 1992, 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:
MUNICIPAL TENNIS CENTER - TENNIS COURT RENOVATIONS
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Buyer at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of 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 an file in the office of the Purchasing Manager of the City of
Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
,.. to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, disability, or national origin in consideration for an award.
There will be a prebid conference on $th day of December. 1992, at 10:00 o'clock a.m., Purchasing
Conference Room L-04, Municipal Building, 1625 13th Street.
BY: Ron Shvvield
BUYER
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GENERAL INSTRUCTIONS TO BIDDERS
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rGENERAL INSTRUCTIONS TO BIDDERS
t 1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following.
The reconstruction of championship tennis courts at the Municipal Tennis Center for the City of Lubbock.
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the
Gen-eral 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. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 120 (ONE HUNDRED TWENTY)
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 sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple-
tion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of
the contract documents.
b. AFFIDAVITS OF BILLS PAID
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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
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pending, of which the Contractor has been notified.
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7. 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 pro-
tecting 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 provi-
sion. 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.
a. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective 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).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his
use during construction. Plans and specifications for use during construction will only be furnished di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, 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 comptetion to Contractor. The City re-
serves 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 proposed 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.
11. 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 ma-
teriats to be incorporated into the work without paying the tax at the time of purchase.
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12. 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,
t conduits or other underground structures which night or could be damaged by Contractor during the construc-
tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities of which it has knowledge. Now-
�^ ever, such fact shall not relieve the Contractor of his responsibilities aforeaentioned. All such under -
round 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,
r.. at Contractor's expense.
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13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig-
nals, 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 re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
14. 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
shalt assume full responsibility for all damage which may occur as a direct or indirect result of the blast-
Ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost
care so as not to endanger life or property and the Contractor shall further use only such methods as are
j� 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.
15. 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
f 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.
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! 16. 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
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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 subroga-
tion.
The insurance certificates furnished shall name the City as an additional insured and shall further state
that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a
statement from the Contractor to the effect that no work on this particular project shalt be subcontracted.
17. 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 there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion 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.
T8. 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 deduc-
tions (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. ~
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The Contractor shall forfeit as a penalty to the City of Lubbock an whose behalf this contract is made, ten
f" dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such
laborer, workman or mechanic is paid less then the wages assigned to his particular classification as set
forth in the schedule of general prevailing rate of per then wages included in these contract documents.
( 19. PROVISIONS CONCERNING ESCALATOR CLAUSES
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Proposals submitted containing any conditions which provide for changes in the stated bid price due to in-
creases or decreases in the cost of materials, labor or other item required for the project will be re-
jected and returned to the bidder without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal 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 proposes
to do the work contemplated or furnish the materials required. such prices shall be written in ink, dis-
tinctly 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 proposal is submitted by an indi-
vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm,
association, or partnership, the name and address of each member must be given and the proposal signed by a
member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by
a coMany or corporation, the company or corporate name and business address must be given, and the proposal
signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign
proposals must be properly certified and must be in writing and submitted with the proposal. The proposal
shall be executed in ink.
Each proposal 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 mamer:
(a) Bidders name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids,
but no proposal may be withdrawn or altered thereafter.
21. SOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol-
lowing:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(a) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) 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.
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BID PROPOSAL
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BID PROPOSAL
BID FOR LLIKP SW CONTRACTS
PLACE
DATE
PROJECT 110.
Proposal of IV$ TX1( As %0,0 it] L S, N (hereinafter called Bidder)
To the Nonorable Mayor and City Council City of Lubbock Texas (hereinafter called owner)
Gentlemen: -r- /f
The Bidder, in compliance with your invitation for bids for the construction of a ! E -U N a-b7�
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having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re-
lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing the construction of the proposed project including the availability of materials and labor, hereby proposes to
furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions 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, of which this proposal is to be
a part, is as follows:
MATERIALS
SERVICES:
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" TOTAL BID
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ADD ADDITIONAL ALTERNATES:
ALTERNATE 01 • !e:
(Renovation of
ALTERNATE 02:NL4I/LU. / ,
(Replacement of all lower chain link
at on Courts T and 8)
ALTERNATE L ,' in Au" n !1AA^Aa/J,Y-,e
(Replacement of all lower chain link fencie material on Court 9),
ALTERNATE fY4: �(dt LJ12�-QLt/j_ ICK
r (Replacement of all chain linklfence material on Courts T and 8)
ALTERNATE ils:
(Replacement of all Chain link fence ImterfaL on Court 9)
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7 L Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
7L -11-
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 120 (ONE NWRED TWENTY)
consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder
hereby further agrees to pay to Owner as liquidated damages the sum of $100.00 (One Hundred dollars) for each
consecutive calendar day in excess of the time set forth hereinnbove 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 proposal shall be completed and submitted in accordance with in-
struction number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in
the bidding.
The Bidder agrees that this bid shall be good and my 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 g
work an which he has bid; as provided in the contract documents.
Enclosed with this proposal is a Cashier's Check_Sp Certified heck for f JL
Dollars (f ) or a Proposal Bond in the sum of of Ma (i ORV
which it is agreed shall be collected and retained by the Owner as liquidated damaggs in the event the proposal is
accepted by the -Owner and the undersigned fails to execute the necessary contract documents and the required bond
(if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said a
proposal; 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 con- It
tract documents made available to him for his inspection in accordance with the Notice to Bidders.
TR1��s T�'x�s T��is
ii�nrrrrr, Contractor
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4peal if Bidder is a Corporation)
pTTE'ST.,,,,,
Secretary
LIST OF SUBCONTRACTORS
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This form shall be eomaleted
and submitted with the Bidder's Proposal.
Minority Owned
Yes No
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BOND NUMBER
01T000635:'
PONWRNIMBER NOT VALID FOR:'P
000185507 -68 EXECUTED ON OR,.
10-07-9j
This document is printed on multi -colored security paper with black and red ink, with border in blue ink and bears the raised
!seal of Amwest Surety Insurance Company (the *Company"). Only unaltered originals of this Power of Attorney are valid.,,J.
This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not bE
,used In conjunction with any y other power of attorney. No representations or warranties regarding this P6wer of Attorney
be made by any persoin.'This Power of Attorney is governed by the laws of the State of California. Any power of attorney. 1
used in connection with any bond issued by the Company must be on this form and no other form shall have force or effict.'.',,
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;KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California
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corporation (the -gopipany"), does hereby make, constitute and appo' ru
int. Ai
z.- BAR0ARA--k._-,fMEYER
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OF AMWEST SURETY AS AN EMPLOYEE INSURANCE COMPANY
its true and lawful Atiorney-in-Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings;
recognizances. or other written obligations in the nature thereof as follows:
Bid Bonds' lip to $**1,r000.,000 00 7
Contract (Performance 9 Payment), Court, Subdivision $**10,000',r00l0
License 9 Permit Bonds <up to $**1 000,000.00
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Miscettaneous Bonds up to $**1.,000,000.00
,SmatL Business'Administration Guaranteed Bonds up to $**1,2500voo
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and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the
-Company, which• are now in full force and effect.
CERTIFICATE
"I, the undersigned secretary of Amwest Surety insurance Company, a. California corporation
DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked,,'.'
and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant',�
provisions of the By Laws of the Company, are now in full force and effect.
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Signed and sealed at HOUSTON, TX this 11TH day of 1DECEMBEIR '19
00001E5507,
Karen G. Cohen, Secretary E
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AMWEST SURETY INSURANCE COMPANYriles WOODLAND HILLS, CALIFORNIA
� w BOND NO. 017000635
PREMIUM Premium included
in bid bond service
BID DATE 12/17/92
PUBLIC WORKS BID BOND
Know all men by these presents:
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That we, TRANS TEXAS TENNIS, INC.
r-
(hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called
Surety), organized and existing under the laws of the State of California and authorized to transact a general surety business in the
State of TEXAS , as Surety, are held and firmly bound unto
CITY OF LUBBOCK
(hereinafter called Obligee) in the penal sum of Five percent (5% ) of the bid amount, but in no event to exceed
Five Thousand Five Hundred and 00/100
Dollars ($ 5,500.00
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the
Principal has submitted or is about to submit a proposal to the Obligee on a contract for
CONSTRUCTION OF 2-3 TENNIS COURTS
LUBBOCK, TX
NOW, THEREFORE, if the contract is awarded to the Principal and the surety has been provided with sufficient proof by Obligee of
acceptable financing for the project, and the Principal has, within such time as may be specified, (but in no event later than 60 days
after such award), entered into the contract in writing, and provided a bond with surety acceptable to the Obligee for the faithful
performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof
between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another
party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED AND DATED THIS 11th DAY OF December, 1992.
TRANS TEXAS TENNIS, INC.
Principal Name
26L
By. - -- Signature
AMWEST SURETY INSURANCE COMPANY
B ARA A. MEY Attorney in -Fact
UN-A3017 9192
Resolutions of the Board of Directors
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the
Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975:
i
RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary,
may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment
in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, s
undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -
fact or agent and revoke any power of attorney previously granted to such person. r
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding !
upon the Company:
(i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any
Secretary or Assistant Secretary; or
(ii) when signed by the President or any. Vice President or Secretary or Assistant Secretary, and countersigned
and sealed (if a seal be required) by a duly authorized attorney -in -factor agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant
to and within the limits of the authority evidenced by the power of attorney issued by the Company to
such person or persons.
r
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by
facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the
same force and effect as though manually affixed. I
l
IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and
its corporate seal to be hereunto affixed this 1st day of December, 1990.
���nnurwr
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3 : rs� N.,_ ,� JC7. r
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:��6 /FOR `��•` 100,- John E. Savage, resident Karen G. Cohen, Secretary
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
On this 1st day of December, 1990, personally came before me John E..Savage and Karen G. Cohen, to me known to be the
individuals and officers of Amwest Surety Insurance Company, who executed the above instrument, and they have acknowledged the
execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid
and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation.
OFFICIAL SEAL _
ANA B. ZAMUDIO-SOUS
Notary PubIL-CoHomk3
PRINCIPAL 0MCEMS SC= W �)
W CortvnWm Erb /
October 22.1993--�"""'
Ana B udio-Solis, Notary Public
,Szi'...'ta.Wwti?'vww�rwaeow,w+we.w.u,ae.w---------------
Restrictions1Endorsements.ei,aw«w.w+a,a.e.a rona ara+.<,:x• - :. .
No Text
THIS PAGE LEFT BLANK INTENTIONALLY
F-a 1111 ' w3 10.08
DUPLICATE ORIGINAT.
GiNAL. C, :NTRACT PRIC
R-- STATt1T04Y PATKEM7 WO IASLiANT To ARTICLE ;160
OF THE 1XVIM CIVIL STATI MES 1'$ TEXAS
AS RFD BY
ACTS OF THE 56TH LECISLATME. #1QJLAR SESSION,
1959
^UNU /f V17uUUF,,`
PMIUM 1,345.00
p
TRANS.TEXAS TENNIS, INC.
KJW ALL KEN RY THESE FUSENTS, that.'(hereinafter catted the Principst(s), 42
f}rinctpalcc�. curdA14WEST SURETY INSURANCE COMPANY
(harainaftar called the surety(s)t as S ) t b= d trrto the City of Lack Charef miter
called tho Obliges), in the aunt of � it Dollars 063,800 ;,04 lawful spy of
the United States for the psy�nt ►�sarae9S�s d Fr neipat end Surety bird the=elveeit, end their heirs, eebinis-
trators, executors. swcessora " assiiN. jointly mid "Varsity, finely by those presea,ts.
WiEREAS, the Principal hat. Attarpd into a certain written cm,.ra:t with the Wt Ic", dated the day of
• 19-,.,,,, to
(XW— F?UCTTON OF 2-1 •PF')JNTC N)ItRTS
and said Principal under tht law is rewired before comianaing the work provided for in said contract to ex*4Mte.0
band in the amount of said contract rich contract is hereby referred to ate# abda a part hereof as fully andito the
sage extent as if copied at length herein.
NOW, THEREFORE. THE C001DITION Of THIS COU"TIOM IS SXW, that if the ea1e9 Principal shall pay Alt elaimnts
swMtyiN labor and e�tertat to him or a swt-contr"tor in the prossry ion of the work grarid*4 far in sate: cam -
tract, then, this obligation shalt be void; otherwise to rftain in full force aid afflict;
RROYIM . HCiVER, thst this bid is executed pursusnt to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as as d by Acts of the Sbth Legislature, 2*9wLar Session, 1959, and all Liabilities an
this bond shstt W daterrmitied in &=rdamo with the provisions of said Articie to the a&= extent ss if it were
eapicd at L*gtn herein.
•i5-
FEE 09 193 10:09 DUPLIMTE ORIGINAL
P.3
IN WITNESS WHEAtOf, the said Principal (s) &od Surety (s) have sib+ and seated this instrunnt this
?ZED day cf, _ T t;RX i9 -
Surety
principal
TRANS TEXAS TFUNNIS, INC.
(Titt�)
BARBARA A. 144YE
By: ATTORNEY ACT
(
ay:
' (tttla)
lyz
(Title)
rha LMersirsed Surety ccmpwvy rW"ents that it is duty qAt-Ified to do busift$t in :Tees, and, h&reby; des-
tvmttsHANK SIMPSON an Spent resident in Lt County to S1hm awry requisita not ices`may be detivared,and
an wham service of process may ba had in mtters arisiog Out of such suretyship.
AMWEST .9QA.E.Y TN5UW CF. COM
Surety
HANK SIMPSON
Wroved as to form: ATTORNEY-3—FACT`
City at Luboock
By:
City Attarfty
*90ta: If shad by an officer of the Surety Cc " there ant be an fit& a certified extract from the by -tears
shoring that tfiis Person has authority to sign such obtfgaticn. 'If sfWmd by an Atto+W in Fact, we amt. have copy
Of power of attorney for our fins.
i
i ..
PERFORMANCE BOND
-17-
THIS PAGE LEFT BLANK INTENTIONALLY
r
BOND # 017000731
PREMIUM
SONDi' PREMIUM BASED CAN
FINAL CONTRACT PRIG
STATUTORY PERFORMANCE BONu PURSUANT TO ARTICLE $160
r� OF THE REVISED CIVIL STATUTES OF TEXAS AS
l AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
F
F
$ 1.345.00
KNOW ALL MEN BY THESE PRESENTS, that TRANS TEXAS TENNIS, INC.
(hereinafter called the Principal(s), as Principal(s), and
AMWEST SURETY INSURANCE COMPANY
(hereinafter called the Surety(s), as Su ret (s) are held and finely bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of,a W g � * � Dollars (t 5- .800 . oID lawful axx y of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra-
tors, executors, successors and assigns, jointly and severaliy, fi-rally by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of
, 19_, to
CONSTRUCTION OF 2-3 TENNIS COURTS
and said principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per-
form the work in accordance with the pLans, specifications and contract documents, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said article to the sane 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 ZZND
day of JANUARY , 19 93.
AMWEST SURETY INSURANCE COMPANY
Surat
•
:RdV§F&1A kt-'
(Title) BARBARA A. M YE
ATTORNEY—IN—FAC
IIIIIA11L400V MiNEWDOILIN
By:
(Title)
By:
(Title)
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t2r da,:t
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates HANK SI MP SO4n agent resident in Lubbock County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship.
AMWEST SURETY TNSURANCE COMPANY
Surety
BOND CHECK *By:
BEST RATING (Tit e
ON
Approved as to Form LICENSED IN TEXAS HANK SIM SATTORNEY—IN—FACT
DATE-74/1-3 BY
City of Lubbock
By:
City Attorney
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
-19-
of 'tat tat "RNLYMBER NOT VAL'IB FOR 10aND.,
017000731 $ 5 rJ, 5 —65 EXECUTED ON OR ,/�FTI
' 1a-07-y93 r _..
:This document is printed on multi -colored security pa rr with black and red ink, with border in blue ink and bears the raised
`seal of Amwest'Surety ,Insurance Company (the "Company"). Only ,unaltered originals of this Flower: of Attorney are valid.;;.
This Power of Attorney is valid solely in connection with the executidn and delivery of the bond Aotea above and may not be
-'used tn:confunction with 8ny other power of attomey.iNo representation or warran€tes regarding! this Power of Attorney Wray,
be made by any person. This Power- of Attorney is govern ed by the laws of the 'State of California. Any power of attorney
used in connection with'any bond issued by. the Company trust be on this form and no other form shall have.force or effect.
KNOW ALL MEN BY THESE PRESENTS, thit Amwest Surety Insuranpe Company, a Caltfomia
corporation (the 'Company").,does ,hereby make, constitute' �' d appoint; r
BARBARA' A. MEYER
AS AN EMPLOYEE OF AM'NE5T SURT;Y IN5URANE CCMPlIhY °I
its true and lawful Attorney -in -Fact, with limited p6N► er and authority (or and on behalf the the Company' •ss surety;7
to execute, deliver and affix the • seal of the . Company thereto if a meal is requiredn bonds; undertaktngs!
recognizances or other written obligations in the nature :there
$id 'Bonds .up torto1OQQ;,ifQ410'0
Contract {Performance-9 Payment ;Cl
License'& Permit'Bonds up
Miscettaneous:Bonds up to;.$1;el`,O:16Q,'
Small Business Administration'°Guaral
I
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y 1
and to bind t e Company thereby. Thts appolntmnt is znac
Company, which are now to full force and effec, ' 1
IURTIFICA]
" I; the undersigned secretary of AffiW st Sure
DO HEREBY GERTIFY>that this Power of Attorney !�temains ji
and furthermore, that be resolutions of the Board' f birei:0
r provisions of the By -Laws of: the Compatty, are now. in fall f,
o t. 1' , J'
Signed and sealed'at Houston; IToxas
Karen G; Coh,4 , Secretary
-1 Q.
®®MEN ME®®®®®®®®®®®®®®®�
}f as fVlowS
..
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This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the
Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975:
RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary,
may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment
in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds,
undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -
fact or agent and revoke any power of attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding
upon the Company:
(i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any
Secretary or Assistant Secretary; or
(ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned
and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant
to and within the limits of the authority evidenced by the power of attorney issued by the Company to
such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by
facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the
same force and effect as though manually affixed.
IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by .its proper officers, and
its corporate seal to be hereunto affixed this 1st day of December, 1990.
���nuurrmu�,
S flg0,9
gy.,,%
?FOXY r
.�u. 1975 ra°
G W4wao—&-
.001
John E. Savage, resident Karen G. Cohen, Secretary
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
On this 1st day of December, 1990, personally came before me John E. Savage and Karen G. Cohen, to me known to be the
individuals and officers of Amwest Surety Insurance Company, who executed the above instrument, and they have acknowledged the
execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid
and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation.
OFFICIAL SEAL
AM S. IAMUDIO-SOLIS
F IN
LOS ANGELES COUW
e My CemrAsbn EvOw
October 22.1993
Ana B udin-Solis, NotaryPublic
�X,. ��trtr ( ,. .,..,u: .. ,., ,t,;_ , »?. ..:;�.3<.. i;__:;i,_iw _ o: emery e. g�id�n& " ri.0 0 1 . . 1 1 1 ' 11
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CERTIFICATE OF INSURANCE
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-20-
THIS PAGE LEFT BLANK INTENTIONALLY
F
CERTIFICATE- OFINSURANCE
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FPR5§5&iAhere a Co. THIS CCEtRDTIFFNFETS-NSS RIGHTS UPOS THETCERTIFICAT TION
ouston,, TX � �70240 ALTER THENCOV_E_RFRRG_E_F_AFFORDEDEBYr�THE_APOLID�IRSTBE OWR
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„. COMPANIES AFFORDING COVERAGE
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aimsirs _ _ COMPANY LETTER A_Highlands Insurance Company
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TransETeKas Tennis, In-` COMPANY -LETTER _-a ww__________________________________
5216 Werner � c. COMPANYLETTERCw
ouaon Texas 77022 ---------------------------..-.------------------------
AX 661-1106 COMPANY LETTER D
COMPANY LETTER-i-------------------------------------
------------------------------------------�--.-----------------------r-----
COVERAG ES
INIS TO C R- Y- G�rpp--OLIC-ES~OF- p-SURANCE LISSpTEppDTTBaaELOW HAVE BEEN---------------------------------
THISISSUED TO
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TOQWHICH � tS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE, INSURANCE AFFO DID
r�^ RY THE POL CIES DESCRIBED HEREIN IS SUBJECT TTO ALL THE TERMS EXCLUSIONS AND
"^riDITIONS OF SUCH POLICIES. LIMITS SHOWN rtAY HAVE BEEN REDUftD BY_ PAID CLAIMS.
. - - - - - - - - - - - - - - - - - - . - - - - - - - - - - w - w - - - - - _ - w - w w - - - - - - --
„'�'&k' TYPE OF INSURANCE POLICY NUMBER_-EFFLDATE EXP----- LIMITS
ww_w_w-___-r_w_-..._______D...--.... .._----__-_----r_wrrw-
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rX COMMERCIAL G/L BOO 10 67 87 13/04/92 13/04/93 PROD AGG 5000
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confrac ual a or
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SCHEDUALED ALTOS
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X NON -OW
GARAGE LIABILITY
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fX UMBRELLA FORM
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AND
BTA 10 95 69
EACH OCC 518;888 FIRE DMG
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BI (ACC) $..-www___r--
PROP DMG $
EACH OCC 1,000,000
AGGREGATE 1,000,000
-- X1STATUT RY LIMITS
EACH ACC 500,000
DIS LIM T 500,000
iEMPLO�CERS LIABILITYI DIS EMP 500,000
- - - - - - - - - - - - - - - I ------- --- --•---- ------
OTHER-- __ ._-----------------....
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AnSCRg1 INo.O12346 - uni�ipa Tennis Conter/Teennia ourtSROnovations
---------------
BXB 10 22 57
- - - - - - - - - - - - - - w
BWC 22 12 '!5
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3/16/92 3/04/93
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j6/23/92 !6/23/93
�- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .- - - - - - - - - - - - - - - - - - - - - - - - - - - -
°,'ERTIFICATE HOLDER Cr,NCELLATION-
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - "- - -----------------------------------------
SHOULD *' -- AINI3E`,CF,': HE �ABOVLEQ �E DESCRIBORE ED PIR-
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NOT;CF TO�THE
BgCERTIFICATE OpHOLDIL NDMED
TOTICE SHALT, iMPOSEINOROBLIGMATAIONSORH
7', LIABILITY OF ANJ KIND UPON THE COMPANY,
ity a Lubbock ITS AGENTS OR REPRESENTATIVES.
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ubbockX Texas 79457 JA-U-T-H-O-R-HH5-�i��kERE$M� gjVE
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CIA-025 J
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CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
Type of
Lubbock, Texas Project:
i
THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, in-
sured by this Company with respect to the business operations hereinafter described, for the types of insurance and
e in accordance with the provisions of the standard policies used by this Company, the further hereinafter described.
Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
Policy No. Effective Expires
Limits of
Liability
--------------------------------------------------------------------------------------------------------------------
Workmen's
Compensation
....................................................................................................................
Owners Protec-
Per Person
$
`
tive or Contin-
Per Occurrence
$
gent Liability
Property Damage
$
------------------------------------------------------------------------
---------_
-----------
Contractor1s
Per Person
Protective or
Per Occurrence
S
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Contingent
Property Damage
$
Liability
----------------------------------------------------------------------------------------------------------
^----....
rAutomobile
Per Person
S
Per Occurrence
$
`
Property Damage
$
--------------------------------------------------------------------------------------------------------------------
Comprehensive
General Liability
--------------------------------------------------------------------------------------------------------------------
S
�••
Umbrella Liability
S
--------------------------------------------------------------------------------------------------------------------
rThe foregoing Policies (do) (do not) cover all sub -contractors.
1 Locations Covered
DESCRIPTION of Operations Covered
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than the legal time required after the insured has received written notice of such
change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THIS CERTIFICATE
MUST BE SENT TO THE OWNER.
(Name of Insurer)
By:
Title
7 -21.
THIS PAGE LEFT BLANK INTENTIONALLY
4
N
N
THIS PAGE LEFT BLANK INTENTIONALLY
T
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 14th day of January, 1993, by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and TRANS TEXAS TENNIS. INC. of the City of HOUSTON, County of HARRIS 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 CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol-
lows:
BID # 12348 - HUNICIPAL TENNIS CENTER TENNIS COURT RENOVATIONS PROJECT IN THE AMOUNT OF $53,800.00.
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 proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to
slake payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have
Texas in the year and day first above written.
APPROVED AS TO FORM:
U VLO�
n
ATTE T:
j^ Corporate Secretary
this ag emen Lubbock County,
TY 0 U OCK NER)"
TRANS TEXAS TENNIS. INC.
CONTRACT
By:
TITLE•
COMPLETE ADDRESS:
5216 WERNER
HOUSTON. TX 77022
r -23-
GENERAL CONDITIONS OF THE AGREEMENT
FPO
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-24-
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GENERAL CONDITIONS OF THE AGREEMENT
i. OWNER
Whenever the word owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
r"
I
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall
be understood to mean the person, persons, co -partnership or corporation, to -wit: TRANS TEXAS TENNIS, INC.,
^' who has agreed to perform the work embraced in this contract, or to his 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 CARLOS VIGIL, PARK DEVELOPMENT SUPERVISOR, City of Lubbock, under whose supervision these
contract documents, including the plans and specifications, were prepared, and who will inspect construc-
tions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act
in any particular under this agreement. Engineers, supervisor or inspectors will act for the owner under
the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in
r• behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of
the Agreement (if any), Specifications, Plans, Insurance Certificate, and ell other documents made available
to Bidder for his inspection in accordance with the Notice to Bidders.
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.
r-� whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the
fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be
done in accordance with his interpretations of the meaning pf the words, terms, or clauses defining the
character of the work.
6. SUBCONTRACTOR
r. 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 re-
sponsibility -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.
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7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent
certified mail to the last business address known to him who gives the notice.
8.WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, suppljes, 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 docu-
ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be
of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and
quality of materials. Materials or work described in words which so applied have well known, technical or,
trade meaning shall be held to refer such recognized standards.
All work shall be done and all, materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu-
ments has been made suitable for use or occupancy or the facility.is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and
shall accomplish this work in a manner°acceptable to the Owner's Representative. The Owner's Representative
will check the Contractor's layout of all major structures and any other layout work done by the Contractor
at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly
Locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be .furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the —
executed work and to determine, in general, if the work is proceeding in accordance with the contract docu-
ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or
quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences _
or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing
assurances for the Owner that the completed project will conform to the requirements of the contract docu-
ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with
the Contract Documents. On the basis of his on -site observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the owner against defects and deficiencies in the work of
the Contractor.
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13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the con:wwence-
ment of the work contemplated by these contract documents or the completion of the work contemplated by
these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's
Representative to comply with this requirement, but such suspension will be as brief as practical and Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks,
etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him,
his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa-
tive at Contractor's expense.
E 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
i
unless otherwise specified, it is mutually agreed between the parties to this Agreeme+"it that the Owner's
Representative shall review all work included herein. He has the authority to stop the work whenever such
i stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all
r• cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this
contract. He shall determine all questions in relation to said work and the construction thereof, and
shall, in all cases decide every
question which may arise relative to the execution of this contract on the
part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent
rto the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the
4 Contractor to receive any money under this contract; provided, however, that should Owner's Representative
render any decision or give any direction, which in the opinion of either party hereto, is not in accordance
r" with the meaning and intent of this contract, either party may file with said Owner's Representative within
f$ 30 days his written objection to the decision or direction so rendered, and by such action may reserve the
right to submit the questions to raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc-
tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there-
from shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela-
tive to the execution of the work or the interpretation of the contract, specifications and plans. Should
r• the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against the party appealing.
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 Con-
tractor 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 six (6) days make written appeal to the Owner's
Representative for his decision.
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16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and
shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all
satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by
competent and reasonable representatives of the Contractor is essential to the proper performance of the
work and lack of such supervision shall be grounds for suspending operations of the Contractor:'`
The work, from its commencement to completion, shall be under the exclusive charge and control,~of the Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or -
any subcontractors, or any of his agents or employees, or any other persons performing any of the work:
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na-
ture and location of the work, the confirmation of the ground, the character, quality and Quantity of mate-
rials to be encountered, the character of equipment and facilities needed preliminary to and during the
prosecution of the work, and the general and local conditions, and all other matters which in any way effect
the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of
the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or
obligations herein contained.
1s. CHARACTER Of WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish same, and it is also understood that Owner shall not be held responsible for the care, preservation,
conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it
is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure
shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob-
servation, 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.
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! The Owner or Owner's Representative &hall have the right at all reasonable times to observe and test the
work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser-
vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain
the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am-
ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's
Rep-resentative may reject any work found to be defective or not in accordance with the contract documents, re-
`{(" gardless of the stage of its completion or the time or place of discovery of such errors and regardless of
whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work
should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre-
sentative, 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 Represents-
tive 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,
Jj testing or approval made by persons competent to perform such tasks at the location where that part of the
work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed
by the American Society for Testing and Materials or such other applicable organization as may be required
by law or the contract documents.
If any work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or owner's Representative, it must, if requested by the Owner or Owner's Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work
which fails to meet the requirements of any such tests, inspections or approval, and any work which meets
the requirements of any such tests or approval but does not meet the requirements of the contract documents
shall be considered defective. Such defective work shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under this agreement to sake such inspections,
tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with
the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
f" It is further agreed that if the work or any part thereof, or any material brought on the site of the work
for use in the work or selected for the same, shall be deemed by the owner or Owners' Representative as un-
suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after
receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re-
build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur-
ther 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 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 in-
crease 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
f"
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case the Owner shall make such changes or alterations as shall make useless any work already done or mate-
rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any.. -change, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, 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 Representa-
tive 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 (6) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (6) be agreed upon before the extra work is com-
menced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this para-
graph 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 Workmen's
Compensation and all other insurances as may be required by law or ordinances or directed by the owner or
Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts
of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's
Representative. The Owner's Representative may also specify in writing, before the work commences, the
method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat-
ters shall be determined by the Contractor. unless otherwise agreed upon, the prices for the use of machin-
ery 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 com-
pensate him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments of cost and expense not embraced within the actual field cost as herein defined, save that where the
Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost
to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In
case any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre-
sentative 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 in-
sists 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). The Contractor will thereby preserve the right to submit the matter of payment to arbi-
tration as herein below provided.
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25. DISCREPANCIES AND OMISSIONS
F It is further agreed that it is the intent of this contract that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor
and that such price shall include all appurtenances necessary to complete the work in accordance with the
intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any
discrepancies or omissions in these plans, specifications, or contract documents, he should notify the
Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sump in his proposal to
comptete the work in accordance with these plans and specifications. It is further understood that any re-
quest for clarification must be submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
r If at a time the methods or i any equipment used by the Contractor are found to be inadequate to secure the
quality of work with the rate of progress required under this contract, the Owner or Owner's Representative
may order the Contractor in writing to increase their safety or improve their character and efficiency and
the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci-
fied, the Contractor shell, if so ordered in writing, increase his force or equipment, or both, to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention
in Construction" of Associated General Contractors of America, except where incompatible with federal, state
or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem-
nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or
claims of any character whatsoever, brought for or on account of any injuries or damages received or sus-
tained by any person or persons or property, on account of any negligent act or fault of the Contractor or
any subcontractor, their agents or employees, in the execution and supervision of said contract, and the
project which is the subject matter of this contract, on account of the failure of Contractor or any subcon-
tractor to provide necessary barricades, warning tights, or signs and will be required to pay any judgment
with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as
an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be
given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shell procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized 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. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
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.
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy
naming the City of Lubbock as insured and the amount of such policy shall be as follows
For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury S250/500,000
Property Damage S100,000
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non
owned Vehicles. The City is to be named as an additional insured on this policy for this specific
job and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
0. Builder's Risk Insurance ~
The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten-
tial loss) naming the City of Lubbock as insured.
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E. Excess or Umbrella Liability Insurance
The Contractor shell have Excess or Umbrella Liability Insurance in the amount of
(S1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages.
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.
F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at least S100,000 limit.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
offered as evidence of compliance with the above insurance requirements, signed by an authorized
representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne
by such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the
date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named in-
sured 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) con-
tained in the job specifications. No substitute of nor amendment thereto will, be accept-
able.
�+ 29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT
! AND SUPPLIES
f The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
+ if during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness
within five (5) days after demand is made, then Owner may, during the period for which such indebtedness
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shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such
unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or
copyrights and shalt indemnify and save the Owner harmless from any loss on account thereof, &ept 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 speci-
fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de-`"
vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm-
less from any loss on account thereof. If the material or process specified or required by Owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
Owner of such infringement.
31. LAMS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor or his employees. If the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in-
sofar 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 some effect as though embodied herein.
32. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to
the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature
of the work, or materials required in the performance of this contract, shall not relieve the Contractor
from his full obligations to the Owner, as provided by this contractual agreement.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract of work to be done hereunder are essential
conditions of this contract; and it is further mutually understood and agreed that the work embraced in this
contract shall be commenced on a date to be specified in the Notice to Proceed.
if the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of 5100.00 (ONE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages
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for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall
be in default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this local-
ity.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica-
bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain, and the amount is agreed to be damages the owner would sustain and shall be retained by the Owner from
current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this
r'+ contract.
i
34. TIME AND ORDER OF COMPLETION
It is the meanin
g and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and
in such manner as shall be most conductive to economy of construction; provided, however, that the order and
time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in
accordance with this contact, the plans and specifications, and within the time of completion designated in
the proposals; provided, also, that when the Cramer is having other work done, either by contract or by his
own force, the Owner's Representative may direct the time and manner of constructing work done under this
t 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,
t schedules which shall show the order in which the Contractor proposes 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 sev-
r.. oral parts.
35. EXTENSION OF TIME
~ The Contractor agrees that he has submitted his proposal in full recognition of the time required for the
completion of this project, taking into consideration the average climatic range and industrial conditions
prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove
r• set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract,
except when his work has been delayed by an act or neglect of the Corner, Owner's Representative, employees
of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike,
walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written justification as may be required by owner's Representative
for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. Should the Contractor disagree with the action of City Council on granting an extension of
time, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
in executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
r
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.35-
shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of
the work embraced in this contract except where the work is stopped by order of the Owner or Owner's
Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's
Representative that is caused by such stoppage shall be paid by Owner to Contractor. _
37. 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 thaV this contract,
including the specifications, plans and other contract documents are intended to show clearly 'at( work to be
done and material to be furnished hereunder. Where the estimated quantities are shown for the various.
classes of work to be done and material to be furnished under this contract, they are approximate and are'to
be used only as a basis for estimating the probable cost of the work and for comparing their proposals of
=
fered for the work. 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.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any
way encountered, which may be injured or seriously affected by any process of construction to be undertaken
under this agreement, from any damage or injury by reason of said process of construction; and he shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims
for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. 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 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 him and for well and truly performing the same and the
whole thereof in the manner and according to this agreement, the attached specifications, plans, contract
documents and requirements of owner's Representative.
40. 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 de-
fective work. Contractor shall at any time requested during the progress of the work furnish the Owner or
Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness
in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or
otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the con-
tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all
claims against Owner which have not theretofore been timely filed as provided in this contract.
.36
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41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an appH ca-
tion for partial payment. Owner's Representative shall review said application for partial payment and the
progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par-
tial payment showing as completely as practical the total value of the work done by the Contractor up to and
including the last day of the preceding month; said statement shall also include the value of all sound ma-
terials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount
of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5%
shall be retained until final payment, and further, less all previous payments and all further sums that may
be retained by owner under the terms of this agreement. It is understood, however, that in case the whole
work be near to completion, and this fact is certified to by Owner's Representative and sane unexpected and
some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon
written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per-
centage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that
the work has been completed or substantially completed, the Owner's Representative and the Owner shall in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his
certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to
issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under
the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the
certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve
the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from owners' premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for
any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the
r
.37-
46.
47
48
date of substantial completion. The owner or the Owner's Representative shall give notice of observed de- y
fects with reasonable promptness.
PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner,
which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of
them.
TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the
Owner's Representative has given any directions, order or instruction to which the Contractor desires to
take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and
render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's
Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in
writing within ten (10) days after the date of delivery to Contractor of the final decision of the owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by
the Contractor of the final payment shall be a bar to any claim by either party, except where noted other-
wise in the contract documents.
ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named
In writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se-
lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of --
Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration
fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de-
cision of the Owner's Representative shall be final and binding on him. Should the other party fail to
choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei-
ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shalt act with promptness. The decision of any two shall be binding on both parties to the
contract, unless either or both parties shalt appeal within ten 0 0) days from date of the award by the ar-
biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated
Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
.38-
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The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the
appeal was taken without reasonable cause, they way award damages for any delay occasioned thereby. The ar-
biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters ant be made in writ-
ing and shall not be open to objection on account of the form of proceedings or award.
49. ABANDONMENT BY CONTRACTOR
t
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or-
ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or
t[ the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to
complete the work and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, nay be held for use on the work by the owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any
rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as
provided for under paragraph 24 of this contract); it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided
for within ten (10) days after service of such notice, then the Owner may provide for completion of the work
in either of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup-
plies as said Owner may deem necessary to complete the work and charge the expense of such Labor,
f 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 became due to the Contractor under and by virtue of this Agreement. In case such expense
I is less than the sum which would have been payable under this contract, if the same had been
com-pleted 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
com-pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner; or
(b) The owner, under sealed bids, after notice published as required by law, at least twice in a newspa-
per having a general circulation in the County of location of the work, may let the contract for the
completion of the work under substantially the same terms and conditions which are provided in this
contract. in case of any increase in cost to the Owner under the new contract as compared to what
would have been the cost under this contract, such increase shall be charged to the Contractor and
the Surety shall be and remain bound therefore. However, should the cost to complete any such new
contract prove to be less than that which would have been the cost to complete the work under this
contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified
and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be
issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as
C being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or
his Surety, or the owner as the case may be, shall pay the balance due as reflected by said statement within
r^ 30 days after the date of certificate of completion.
t. .
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In the event the statement of accounts shows that the cost to complete the work is less than that which
would have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be
turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the
work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that
actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shell be held at the risk of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date
of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net r
sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either`'
public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin-
ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fait or refuse to comply
with said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all
materials on the ground that have not been included in payments to the Contractor and have not been incorpo-
rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the value of sit work actually completed by said Con-
tractor at the prices stated in the the attached proposal, the value of all partially completed work at a
fair and equitable price, and the amount of all Extra York performed at the prices agreed upon, or provided
for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con-
tractor to carry the whole work ib completion, and which cannot be utilized. The Owner's Representative
shall then make a final statement of the balance due the Contractor by deducting from the above estimate all
previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this
Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with --
Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the
event said contract price exceeds $25,000.00. If the contract price does not exceed S25,000.00, the statu-
tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the owner,
and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
M11M
53. LOSSES FROM NATURAL CAUSES
unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
work, shall be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au-
thority to direct, supervise, and control his own employees and to determine the method of the performance
�r of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob-
serve Contractor's work during his performance and to carry out the other prerogatives which are expressly
reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at
any time change or effect the status of the Contractor as an independent contractor with respect to either
the owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or
t corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and
at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus
materiats and shall leave the work room clean or its equivalent. The work shall be left in good order and
Y
condition, in case of dispute Owner may remove the debris and charge the cost to the Contractor.
1�
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7
7
F
CURRENT WAGE DETERMINATIONS
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DGV:da
RESOLUTION
Resolution =2502
January 8, 1987
Agenda Item #18
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
.:enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; 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:
:i
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 Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
r' Exhibit E: Weekend and Holiday Rate
6
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 January 1987.
B.C..McMINN, MAYOR
r TT '
Ranett#,3oyd, City Secretary
APPROVED T. NTENT: APPROVED AS TO FORM:
p -
Bi 1 P yne, Director of Building Donald G. Vandiver, First
Services Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Hourly Rate
Acoustical Ceiling Installer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
10.50
Bricklayer -Helper
5.00
Carpenter
11.00
Carpenter -Helper
5.50
Cement Finisher
7.35
Drywall Hanger
8.70
Electrician
10.50
Electrician -Helper
5.25
Equipment Operator -
Heavy
8.00
Light
5.70
Floor Installer
8.00
Glazier
7.50
Insulator, Piping/Boiler
9.50
Insulator -Helper
5.00
Iron Worker
7.30
Laborer, General
4.75
Mortar Mixer
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65
Roofer -Helper
4.75
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder - Certified
8.00
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 Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
SPECIFICATIONS
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F
CITY OF LUBBOCK, TEXAS
PARKS AND RECREATION DEPARTMENT
MUNICIPAL TENNIS CENTER
CHAMPIONSHIP COURT RECONSTRUCTION
66TH AND GARY
SECTION 91
1. General Requirements
1.1 Scope of Work to be Done
A. The contract work to be performed under these
specifications consists of furnishing all of the
required labor, materials, equipment, implements,
parts, and supplies necessary for, or appurtenant to,
the reconstruction of championship tennis courts at
the Municipal Tennis Center for the City of Lubbock in
accordance with the drawings appearing hereinafter or
annexed hereto and as further elaborated in these
specifications.
1.2 Standards
A. The work hereunder shall be done in a thorough,
workmanlike manner and conform to standards for tennis
court construction as prescribed or approved by the
U.S. Tennis Court Builders Association. Any reference
to a specification or designation of the American
Society for Testing and Materials, Federal
Specifications, or other standards, codes, or orders
refer to the most recent or latest specification or
designation.
1.3 Layout of Work
A. The work shall be laid out to true lines and grades in
full accord with the drawings. Surveying of lines
and grades, from a base line and bench mark
established by Contractor and approved by the Owner at
the construction site, and staking therefor shall be
accomplished by the Contractor.
Monuments shall be substantially established,
protected, and maintained in place by the Contractor
for the duration of the contract or until such other
time as their removal may be authorized by the Owner
or his representative.
1.4 Quality Assurance
A. Contractor shall take all precautions necessary to
protect all existing trees, shrubbery, sidewalks,
buildings, vehicles, utilities, etc., in the area
where the work is being done. The Contractor shall
rebuild, restore, and make good at his own expense,
all injury and damage to same which may result from _
work being carried out under this contract.
B. The Contractor shall take all necessary precautions to
assure the safety of the park visitors during the
construction and clean-up operations. The Contractor
shall maintain and keep in good repair the work
intended under these Plans and Specifications and --
shall perform all necessary repair, construction, and
renewal to the date of acceptance by Owner.
C. Any utilities and irrigation lines shown on plans are
for information only and are not guaranteed by the
Owner to be accurate as to location and depth. The
Contractor's attention is directed to the fact that
other underground utility lines may exist that Owner
is not aware of. It is the Contractor's obligation to
locate and familiarize himself with all utilities and
to provide for their safety. Damage to utilities will
be repaired at Contractor's Expense.
1.5 Permits and Taxes
A. The Owner shall obtain and pay for all construction
permits, fees, licenses, etc., as may be required by
law. The Contractor's contract sum shall include such
federal, state, and local taxes as may be applicable
to the performance of the contract.
1.6 Guarantee
A. The Contractor and any subcontractors hereunder
guarantee their respective work against defective
materials or workmanship for period of two (2) years
from date of filing notice of completion by the
Contractor and acceptance by the Owner.
SECTION 02
2. Site Preparation
2.1 Fence Removal
A. The Contractor will remove the fence fabric on the
courts being renovated, and reattach as per drawings
or new fence material added as per alternate 1.
r
�. 2.2 Judge Chairs
A. The Contractor shall remove and salvage the two
r existing Judge chairs and reinstall them on new
concrete.
C:
2.3 Net Posts and Foundations
A. The Contractor shall remove existing net posts and
foundations.
2.4 Other Items
A. Light Poles standards shall not be moved.
Benches with bench footings shall be removed by
contractor and reinstalled as per drawings to new
height.
2.5 Existing Concrete Tennis Courts
A. The existing Asphalt surface of the Tennis Courts
shall be drilled at intervals not exceeding four feet
(4') each way to allow drainage at a depth sufficient
enough to drain.
p SECTION 03
3. Drainage Provisions
3.1 Backfill
A. Backfill areas adjacent to tennis court areas shall be
composed of a suitable earth material compacted to the
same density as the surrounding soil. Materials used
shall be that'excavated from the drainage trenches.
Any excess excavated materials shall be removed from
the site by the contractor and deposited at a site
designated by the Owner.
SECTION 04
.. 4. Slope Requirement
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4.1 Slope Requirement
r' A. All excavating, filling, compacting, grading, and
leveling work required hereunder shall be performed so
that the finished court surface slopes one inch (1°0
in each ten feet (101) on a true plane as indicated on
i' the drawings. Pot -holes or Bird Baths which hold
water after rains will not be tolerated.
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SECTION 05
5. Base Construction
5.1 Base Construction
A. Existing Asphalt court shall remain intact and become
base material for new courts. A minimum (2"0 layer of ^
sand should be used to cover existing asphalt and
separate the new (60) concrete layer.
SECTION 06
6. Concrete
6.1 Cement
A. Cement for concrete shall be a standard brand of
portland cement conforming to Standard Specifications
for Portland Cement, Designation C-150, of the
American Society for Testing and Materials.
6.2 Air Entraining Agent _
A. An air entraining agent shall be used to provide the
concrete with entrained air comprising not less than
four percent (4%) nor more than seven percent (7%) of
the total volume of the concrete.
6.3 Aggregate
A.
Coarse aggregate shall conform to Standard
^
Specifications for Concrete Aggregates, Designation C-
33, of the American Society for Testing Materials
(ASTM). Nominal maximum size of aggregate shall be
one and one-half (1 1/2).,inch. Maximum loss of 18%
when subjected to 5 cycles of the Magnesium Sulfate
Soundness test, ASTM C-88.
B.
Fine aggregate shall conform to Standard
Specifications for Concrete Aggregates, Designation C-
33, of the American Society for Testing Materials
(ASTM). A minimum 90 Sand Equivalent Value, when
conducted in accordance with ASTM C-2419.
6.4 Water
and Chemical Admixtures
A.
Water shall be clean, clear, free from oil, acid, or
organic matter and free from injurious amounts of
alkali, salts, or other chemicals. _
B.
Chemicals Admixtures shall conform to ASTM C-494.
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6.5 Post -Tensioning
A. Post Tensioning material shall consist of 1/2 inch
diameter, seven wire stress relieved strands,
conforming to ASTM A-416 with an ultimate strength of
270 KSI. Strands shall be coated with a permanent
rust preventative lubricant and wrapped with plastic
sheathing. If strand sheating is damaged or removed,
it is to be repaired by taping. Exposed strands
should be concealed at the anchor. End anchorage
devices will conform to PTI specifications. All dead
end anchorages must be power seated.
New post tension cables shall be placed on eighteen
(180) inch centers in both the length and width
directions.
All strands are to be supported on chairs and tied at
all intersections or securely supported in beams to
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prevent vertical and horizontal movement during
concrete placement. Concrete must be well
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consolidated, especially in the vicinity of strand
anchorages. Strands of 1/2 inch diameter shall be
anchored at 28.0 KIPS, but may be initially stressed
at 33 KIPS. A 9 inch diameter centered on the strand
axis by a 36 inch length shall be allowed for
stressing equipment clearance.
The cables will be stressed approximately 7 days after
pour.
Extreme care should be taken to prevent injury from
operator error or failure of equipment or materials.
6.6 Thickness of Concrete
A. Concrete work shall be a minimum of six (61') inches
thick, with finished surface complying with the
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elevations shown on the plans.
6.7 Forms and Screeds
A. Forms and Pipe Screeds shall be accurately set to the
lines and grades indicated on drawings and be securely
staked to prevent settlement for movement during
placing of concrete. Two rows of pipe screeds shall
be placed at the one-third width of each court.
(Approximately 17 foot centers). Forms shall remain
in place until the concrete has taken its final set.
6.8 Expansion Joints
A. A non -extruding expansion joint measuring three -
fourths inch (3/4") wide shall be installed vertically
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around all fence posts single courts shall be poured
monolithically. The bottom edge of expansion joints
shall extend to the bottom of slab; top edge shall be
held seven -eights inch (7/8"), below the surface of the
slab by a tack strip of plywood with its top flush
with the finished slab surface. Concrete edges at
Joints shall be tooled with an edging tool having a
radius of one-fourth inch'(1/4"). After concrete has
cured, tack strips shall'be removed and the joints
sealed with an elastomeric sealing compound.
B. Double courts shall have a metal keyed construction
Joint between courts.
6.9 Concrete Proportioning, Mixing and Testing
A. The concrete shall have a compressive strength of not
less than four thousand (4,000) pounds per square inch
at twenty-eight (28) days after placement.
Re -tempering of any concrete is forbidden. Ready -
Mixed concrete may be used provided that it is mixed
and delivered in accordance with Specifications for
Ready -Mixed Concrete, ASTM C-94.
B. Concrete Mix Design Parameters:
Minimum Strength = 4,000 psi
Slump = 3" ± 1"
Maximum Water Cement Ratio = 0.48
Entrained Air Content _ 5% + 1%
Concrete Mix Design shall be conducted in
accordance with ACI 211 (absolute volume method).
C. Concrete Material Tests
Pre -construction Tests
The Contractor will submit test certificates from an
approved commercial laboratory on all aggregates
proposed for use on this work. Tests should be made
approximately 20 days before beginning the concrete
operation.
The Contractor will submit, in advance of
construction, the mix design and the results of
compression tests made by a commercial laboratory.
Tests shall be made on 6 cylinders, 3 tested in 7
days, 3 tested at 28 days. Additional tests shall be
furnished if the material source is changed or if
concrete used varies from the original design.
The Engineer shall approve the mix design after the
Pre -construction tests have been completed.
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�. construction Tests
4. Tests of the aggregates and the concrete will be made
by the Engineer during construction to determine
conformity with the specifications. Test cylinders
will be made in accordance with the "Method of Making
and curing Concrete Compression and Flexure Test
Specimens in the Field", (ASTM C-31). The Specimens
shall be cured under standard moisture and temperature
conditions in accordance with the requirements of ASTM
C-31. The costs of all such testing shall be borne by
the City, but the contractor shall cooperate in
securing and storing samples and shall furnish all
materials required for sampling.
A minimum concrete strength of 2800 psi shall be
attained prior to post tensioning procedures.
Any concrete failing to meet strength requirements or
air content shall be removed and replaced.
6.10 Placing Concrete
A. Concrete shall be transported, placed, and spread in
such a manner as to prevent any segregation of the
aggregate. Each full court shall be placed in one (1)
continuous operation without construction joints.
6.11 Flat and Finish Work
A. The concrete shall be brought to the grades indicated
on drawings by pulling a vibrating strike off template
along the screeds a minimum of two times.
The larger particles of the aggregate may be forced
slightly below the surface by using a grid tamp. The
surface shall then be floated with a long handled
metal float to a uniform grade so as to contact a ten
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(10') foot straight edge within a plus or minimum of
one -eight inch (1/8"). Extra care shall be taken so
that the area near joints and edges shall not be
raised or depressed. The final finish shall be
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obtained with a steel trowel used in small circular
movements to obtain a "swirl" pattern providing a
uniform non -glassy surface texture, or with a fine
hair broom. Depressions or pot holes will not be
tolerated. A ten foot 'straight edge shall be used to
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measure low spots which under no circumstance shall be
greater than 1/8 inch. There shall be no standing
water after a rain. Should the finished concrete
court fail to meet these requirements, the Contractor
shall be penalized by non-payment by the Owner or he
shall at his own expense apply an approved acrylic
leveling base course free from all Birdbaths.
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6.12 Curing Slabs
A. The concrete immediately after finishing shall be kept
continuously moist for seven (7) days be covering with
continuously wetted burlap, plastic sheet or building
paper covering or by fog spraying. Use of curing
compounds and admixtures of any kind is forbidden.
SECTION Q1
7. Net and Equipment
7.1 Post Foundations
A. Post foundations shall be not less than twenty-four
inches (241) in diameter at the top, not less than
thirty inches (301) in diameter at the bottom, and not
less than thirty-six inches (36") in depth.
Foundations shall be so situated as to provide a clear
distance between posts of forty-two (42') on all
courts. Concrete for foundations shall be mixed in
ratios of six (6) standard 94-pound sacks of cement
per cubic yard of concrete, with one (1) such sack of
cement to not more than six (6) U.S. gallons of water,
attaining a compressive strength of not less than
three thousand five hundred (3,500) pounds per square
inch at the twenty-eighth (28th) day after pouring.
7.2 Net Posts and Sleeves
A. Net posts shall be galvanized steel having an outside
diameter of not less than four inches (4"), complete
with post caps, galvanized steel ground sleeves,
ground sleeve covers, and eye bolts with nuts, or
level or ratchet -type net tightening devices for non-
metallic nets. Posts and the sleeves therefore shall
be set where indicated on the drawings and shall be
plumb and true so as to support the net at a height of
forty-two inches (420) above the court surface at the
net posts. Posts and ground sleeves shall be B-491-S
Tennis Post with Ground Sleeve as manufactured by
Bergfeld Recreation Inc. or approved equal.
7.3 Center Strap Anchor
A.
7,.4 Net
A
Center strap anchors, of the type shown on the
drawings, shall be furnished and installed by the
Contractor.
Tennis nets will be furnished and installed by the
Owner.
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SECTION 08
8. Color Finish System and Line Painting
r" 8.1 General
A. A two (2) color, green inside of playing lines and red
outside of playing lines, finish system for Portland
Cement Concrete Tennis Courts conforming to U.S.Tennis
Court and Track Builders Association Specification
Type V shall be applied to the concrete surface.
This shall consist of a penetrating prime coat, two
filler coats, a finish coat, and white line painting.
The finish system shall be of one hundred percent
(100%) acrylic material such as "Plexipave Color
Finish System" as manufactured by California Products
corporation or an approved equal. Materials shall be
delivered to the site in sealed, properly labeled
containers and water used in all mixtures shall be
fresh and clear. Application shall be with eighteen
inch (18") to thirty six inch (36") long flexible
rubber squeegees for filler coats and wide, hair type
push brooms for finished coat.
8.2 Limitations
A. Do not apply in temperatures below 50 degrees
Fahrenheit or when rain or high humidity is eminent,
or when surface temperature is in excess of 130
degrees Fahrenheit.
8.3 Surface Preparation
A. Concrete shall be completely cured before any surface
coloring is applied. A minimum of (30) days is
normally required. All foreign material shall be
thoroughly removed. The concrete shall be etched with
acid in a manner recommended by the manufacturer of
the finished material to be applied. After etching
apply a penetrating prime "wash" coat of the finish
surface material mixed with two (2) parts water by
pouring on the surface in wind rows and spreading
evenly.
The surface after drying, shall be flooded with water,
and allowed to drain. Mark the areas where water is
standing over one -sixteenth inch (1/16") deep. Using
undiluted finish surface material, trowel or screed
material in the depressions to bring to proper level.
If more than one -eight inch (1/8") is required, apply
in multiple coats and add twenty percent (20%),
aggregate. Repeat this procedure until all
depressions holding water one -sixteenth inch (1/16")
deep or more are eliminated.
8.4 Finished Surface
A. On concrete surface, apply sufficient coats (with a
minimum of two) of Acrylic Filler Coat at the rate and
as recommended by the manufacturer to provide a smooth
uniform surface free from low spots, ridges or seams.
Apply two coats of Acrylic Color for Tennis Courts at
the rate and as recommended by the manufacturer.
Accurately locate and apply the Acrylic Line Paint.
8.5 Penetrating Prime Coat
A. Using one (1) part of finish coating material to two
(2) parts 'water, apply a "wash" coat by pouring on
surface in wind -rows and spreading evenly. Allow to
thoroughly dry. Flood area with water. After twenty
(20) minutes, wash perimeters of all areas where water
is standing over one -sixteenth inch (1/16"). Using
finish coating material as it comes from container
(undiluted), trowel or screed material to bring to
proper level. If more than one -eight inch (1/8") is
required apply in multiple coats and add twenty
percent (20%) by volume of fine aggregate (sand).
Allow to thoroughly dry. Remove all ridges and
feather all edges to avoid patch appearance.
8.6 Filler Coat
A. apply two (2) coats of one hundred percent (100%)
acrylic Filler Coat at a rate of not less than 0.08
gallons per square yard for the two (2) coats (269
gallons minimum for 3360 square yards) in accordance
with the manufacturer's directions.
The first coat shall be applied lengthwise of court
and the second coat, crosswise of the court.
Dilution of the Filler Coat shall be fifteen (15) to
twenty (20) gallons of water for each thirty (30)
gallons of Filler coat Material.
8.7 Finish Coat
A. Prior to applying the Finish Coat, make a final,
careful inspection and remove any ridges, loose or
foreignparticles. Apply one (1) coat of one hundred
percent (100%) acrylic Finish Coat as directed by the
manufacturer at a rate of not less than 0.04 gallons
of material 135 gallons minimum for 3360 square
yards). The application shall be made parallel to the
net line and shall produce a uniform color throughout
when viewed from a distance of twenty five feet (251)
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from any edge of the court at mid day. Dilu'ion of
the Finish Coat shall be one (1) part water to one (1)
part Finish Coat Material.
8.8 Lines
A. White playing lines shall be applied as shown on the
drawings using one hundred per cent (100%) acrylic
Line Paint. Application shall be made with brush,
roller or spray and marking equipment, and shall be
free from any fogging, splatter or over spray.
SECTION 92
9. Fencing
9.1 Height of Fence
A. Overall height of fence when erected shall be as shown
on drawings.
9.2 Chainlink Fabric
A. The chainlink fabric shall be No. 9 gauge (.148") and
one and five -eights inch (1 5/8") mesh conforming to
Standard Specifications for Zinc -Coated Iron or Steel
Chainlink Fence Fabric Galvanized after weaving, Class
II ASTM Designations A-392 or Standard Specifications
for Aluminum -Coated Iron or Steel Chainlink Fence.
Fabric Galvanized after Weaving, Class II, ASTM
Designation A-491. Top and bottom salvage shall have
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a knuckle finish. Fabric shall be free of barbs,
icicles, or other projections resulting from the
galvanizing process, and any fabric not free thereof
will be rejected even though erected. Bottom of fence
fabric shall be 1/4" plus or minus above court
surface.
9.3 Line Posts
A. The chainlink fabric shall be tied to the line posts
with No. 9 gauge soft annealed galvanized tie wire.
9.4 Terminal (Corner) and Gate Posts
A. Terminal and Gate Posts shall conform to Standard
Specifications for Black and Hot -Dipped Zinc -Coated
(Galvanized) Welded and Seamless Pipe for Ordinary
Uses. ASTM Designation A-120, to match existing.
9.5 Terminal .and Gate Post Fittings
A. Terminal and gate post fittings,
bands, brace connections, and tip
shall be No. 9 gauge, hot -dipped,
rolled carbon steel.
including tension
rail connections,
galvanized, cold -
No aluminum, cast iron, or pot metal fittings will be
accepted as equals or substitutes. Top rail, brace,
and truss bands shall not be less than one inch (1")
wide, secured by three -eighths inch (3/8") diameter
carriage bolts and nuts.
9.6 Top Rail
A. Top rail shall meet the same specifications of quality
as line and terminal posts. The top rail shall have
an outside diameter of one and five -eighths inch (1-
5/80) and weigh 2.27 pounds per lineal foot. An
outside sleeve -type coupling measuring not less than
seven inches (7") in length shall be provided at each
interval of twenty feet (20'). The chainlink fabric
shall be tied to the top rail at intervals of twenty-
four inches (24") with No. 9 gauge soft annealed
galvanized steel or aluminum tie wire.
9.7 Braces for Terminal and Gate Posts
A. Terminal and gate posts shall be strengthened and
reinforced by braces meeting and same specifications
of quality as line and terminal posts. Braces shall
be installed midway between top rail and court surface
and extend from each terminal posts to the first
adjacent line post. Braces shall be securely fastened
to posts by heavy pressed steel connections and also
be trussed from line post back to terminal post with a
three -eighths inch (3/8") round truss rod complete
with tightening unit.
9.8 Bottom Tension Wire
A. Wires shall be No. 7 gauge galvanized steel coil
tension wire, high carbon or hard drawn, ASTM
designation A-116, Class II, Galvanized or Aluminum
Coated, running through the mesh and fastened to the
chainlink fabric at intervals of twenty-four chainlink
fabric at intervals of.twenty-four inches (24") with
No. 9 gauge galvanized hog rings.
9.9 Post Spacing and Setting
A. New line posts shall be set a full thirty-two inches
(320) in a thirty-six inch (36") deep concrete
foundation having a minimum diameter of twelve inches
(12").
Terminal and gate posts shall be set a full thirty-six
inches (36") in a forty inch (40") deep concrete
foundation having a minimum diameter of twelve inches
(12"). Concrete for post foundations shall be the
same as that specified for the tennis courts. Spacing
of posts in the line of fence shall be as shown on the
drawings.
9.10 Post Tops
` A. Tops of line posts shall be of a malleable casting.
The base of tops shall extend below the top of the
post not less than two inches (2"). The tops shall be
provided with a hole suitable for the through passage
of the top rail.
Terminal posts tops shall be of malleable iron
casting, and be designed so as positively to exclude
r all moisture from the terminal post.
` 9.11 Gates
A. Gates shall be four feet (4') wide and located as
detailed on drawings. Frames shall be constructed of
pipe conforming to Standard Specifications for Black
and Hot -Dipped Zinc -Coated (Galvanized) Welded and
seamless Steel Pipe for Ordinary Uses, ASTM
Designation A-120, having an outside diameter of one
and nine -tenths inches (1 9/10"). Gate frames shall
be welded or alternately shall utilize corner fittings
of heavy malleable iron or pressed steel securely
riveted to the frame. Fabric matching the fence
fabric shall be installed in the frame by means of
tension bars and hook bolts. Frames having corner
fittings shall be equipped with adjustable truss rods
having a diameter of three -eights inch (3/8"). Hinges
shall be of adequate strength to support the gate and
have large bearing surfaces for clamping in position.
Under no conditions of use or abuse shall the hinges
twist or turn under the action of the gate. Gates
shall be capable of being opened and closed quickly an
easily by one (1) person. Gates shall be equipped
with a positive latching device that will accommodate
padlocking. Hinges, latches, and catches shall be one
of the manufacturer's standard designs as selected and
approved by the Owner.
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SPECIAL CONDITIONS
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DESCRIPTION FOR ALTERNATES
MUNICIPAL TENNIS CENTER
COURT RENOVATION
NOVEMBER 16 1992
Base Bid - Renovation of Courts 7 and 8.
Championship court reconstruction of courts 7 and 8 to
include 6" of concrete with post -tension cables as per
specifications and drawings.
Alternate 1 - Renovation of Court 9.
Reconstruction of court 9 to include 6" of concrete with
post tension cables as per specifications and drawings.
Alternate 2 - Replacement of all lower chain link fencing material
(approximately eight (8') feet tall) on courts 7 and S.
Alternate 3 - Replacement of all lower chain link fence material
(approximately eight (81) feet tall on court 9.
Alternate 4 - Replacement of all chain link fence material on courts 7
and 8 (top portion - 4' bottom portion a 8') with full
height fence material. This alternate would delete the
two sections of fencing and install one full section (top
to bottom).
Alternate 5 - Replacement of all chain link fence material on court 9
(top portion = 4', bottom portion = 81) with full height
fence material. This alternate would delete the two
sections of fencing and install one full section (top to
bottom).
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Office of
Purchasing
City of Lubbock
P.O. Box 2000
Lubbock. Texas 79457
606-767-2167
January 14, 1993
Trans Texas Tennis, Inc.
5216 Werner
Attn: Larry N. Moore
Houston, TX 77022
SUBJECT: Municipal Tennis Center Tennis Court Renovations
The City of Lubbock, having considered the proposals submitted and
opened on the 17th day of December, 1992, for work to be done and
materials to be furnished in and for:
City of Lubbock BID #12348
Municipal Tennis Center Tennis Court Renovations
as set forth in detail in the Specifications, Plans, and Contract
Documents for such work for the City of Lubbock; it appearing that your
proposal is fair, equitable and to the best interest of said City,
please take notice that said proposal was accepted by the City Council
of the City of Lubbock on January 14, 1993, at the bid price contained
therein, subject to the execution of and furnishing of all other
documents specified and required to be executed and furnished under the
contract documents. It will be necessary for you to execute and furnish
to the City of Lubbock all such documents within ten (10) days from your
receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal,
will be returned upon the execution of such contract documents and bonds
within the above specified ten (10) day period. In the event you should
fail to execute and furnish such contract documents and bonds within the
time limit specified, said bid security will be retained by the City of
Lubbock.
CIT F LUBB
Ron Shuffiel
BUYER
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