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Resolution - 4142 - Contract - Texas Roofing - Roof Replacement, Maxey Community Center - 05_13_1993
Resolution No. 4142 May 13, 1993 Item #26 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Texas Roofing to provide roof replace- ment for the Maxey Community Center, Lubbock, Texas, attached herewith, 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: Betty R.'JohnsoV City Secretary APPROVED AS TO CONTENT: ictor i man, urc asilng Manager APPROVED AS TO FORM: 944& V-2. aro Willard, Assistant -City Attorney RW:ja/TXROOFNG.RES =-Ag—da/May 5, 1993 iLUBBOCKMao TEXAS CITY OF LUBBOCK SPECIFICATIONS FOR MAXEY COMMUNITY CENTER MAXEY CENTER ROOF REPLACEMENT 30TH AND NASHVILLE BID # 12526 file Co py r RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Texas Roofing to provide roof replace- ment for the Maxey Community Center, Lubbock, Texas, attached herewith, 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: Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: oieu' KQI�4 �'� Victor KilmanVPurChasing Manager APPROVED AS TO FORM: A � aro WillV. � L ard, Assistant -City Attorney RW:js/TXR00FNG.RES D2-Agenda/May S, 1993 F day of , 1993. i7in (am Ng I ft Office of Purchasing City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 MAILED TO VENDOR: April 16, 1993 CLOSE DATE: APRIL 22, 1993 AT 2 P.M. BID #12526, MAXEY COMMUNITY CENTER ROOF REPLACEMENT ADDENDUM # 1 Please modify or amend Contract Documents as follows: 1. Delete letter D. under title heading, Part II —Products. 2. Change letter C. under title heading, Part III - Execution, to read: "Work shall be completed within ninety (90) calender days from the date specified in the Notice to Proceed". PLEASE RETURN ONE COPY WITH YOUR BID THANK YOU, LAURA RITCHIE Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 767-2163 L YC - I" s CITY OF LUBBOCK SPECIFICATIONS i for 4 TITLE: MAXEY COMMUNITY CENTER ROOF REPLACEMENT f ADDRESS: LUBBOCK, TEXAS t BID NUMBER: 12526 {� f PROJECT NUMBER: 1491.553107-9821 CONTRACT PREPARED BY: PARKS AND RECREATION 1 � 7 r+1 NDEX PAGE 1. NOTICE TO BIDDERS.........................................................................................5 2. GENERAL INSTRUCTIONS TO BIDDERS............................................................................7 P` 3. BID PROPOSAL - BID FOR LUMP SUN CONTRACTS.................................................................15 4. PAYMENT BOND..............................................................................................21 I 5. PERFORMANCE BOND............................................................................ ............25 r6. CERTIFICATE OF INSURANCE..................................................................................29 7. CONTRACT- ..................................................... o ....... o ................................. 33 8. GENERAL CONDITIONS OF THE AGREEMENT.......................................................................37 9. CURRENT WAGE DETERMINATIONS...............................................................................55 r10. SPECIFICATIONS............................................................................................57 11. SPECIAL CONDITIONS........................................................................................59 i t12. NOTICE OF ACCEPTANCE......................................................................................61 r A a r t 3 i~ ADVERTISEMENT FOR BIDS BID # 12526 Sealed proposals addressed to Laura Ritchie, Buyer, Purchasing Department„ City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 22th day of April. 1993, or as changed by the issuance of formal addenda to all planholders, to furnish ell labor and materials and perform all work for the construction of the following described project: MA%EY COMMUNITY CENTER ROOF REPLACEMENT 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. r 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, 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 15th day of April. 1993, at 10:00 o'clock a.m., Personnel Conference Room #108, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting. CITY OF LUBBOCK LAURA RITCHIE BUYER NOTICE TO BIDDERS 5 r`. e NOTICE TO BIDDERS BID 0 12526 Sealed proposals addressed to Laura Ritchie, Buyer, City of Lubbock, Texas, will'be received at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L•04, Lubbock, Texas, 79401, until 9:00 o'clock p.m. on the 22th day of April. 1993, 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: MAXET COMMUNITY CENTER ROOF REPLACEMENT 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.tl The City of Lubbock will consider the bids on the 13th day of May. 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 $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of g 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 $25,000.00 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 amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. 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 on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. r■ a r f� 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 15th day of April, 1993, at 10:00 o'clock a.m., Personnel Conference Room #108, 1625 13th Street, Lubbock, Tx. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting. CITY OF LUBBOCK 41- LAURA RITCHIE BUYER r f i r I Ir J a r^ t GENERAL INSTRUCTIONS TO BIDDERS r i g� f I"+ f t 9 rI i {d� 1 k I. (I� 1 GENERAL INSTRUCTIONS TO BIDDERS r 1. SCOPE OF WORK The work to be done under the contract documents shall consist of the following: The contractor shall furnish all labor, superintendence, machinery, equipment end all materials necessary to complete the Maxey Community Center Roof Replacement project as specified herein, 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 Generat r. Conditions. I 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 iThe construction covered by the contract documents shall be fully completed within 90 (ninety) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. r 5. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 9 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 protecting them.adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. B. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shell 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 directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the _ date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the 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 sates, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 10 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, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES f" The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. j 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 shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger Life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) r' 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 r., 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 name, address and telephone number where such local representative may be reached during the time that the work contemplated by this r+ contract is in progress. 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 notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. r. 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 particulgiproject shall be subcontracted. � 1 J 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 thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not Less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not Later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay.The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PRDVISIONS CONCERNING ESCALATOR CLAUSES Poposals submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 12 I n r C� 20. PREPARATION FOR PROPOSAL 1 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 t work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, 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 company 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 manner: (a) Bidder's 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. r 21. BOUND COPY OF CONTRACT DOCUMENTS Bider understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's 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. 13 po r ell BID PROPOSAL 15 i f: BID PROPOSAL PROPOSAL FOR LUMP SLIM CONTRACTS PLACE , Ci i-y of Lubbock DATE., 4-22-93 PROJECT No. 12526 Proposal of Texas Roofing Company Com n (hereinafter called Supplier) a �. To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) I I Gentlemen: The Supplier, in compliance with your invitation for proposals for the construction of a Maxey Community Center Roof Replacement having carefully examined the plans, specifications, instructions to suppliers, notice to suppliers and all other related contract documents and the <J to of the proposed work, and being familiar with all of the conditions surrounding the Construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all tabor, aaterials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover ail expenses incurred in performing the work required under the contract documents, of which this proposal is to be a part, is as follows: s MATERIALS: Eight Thousand Nine Hundred Four and No/'1100 _; (t 6.904.00 ) SERVICES: Five Thousand Nine Hundred Thirty Seven & N0/100 (E 5,937.00 ) TOTAL BASE BID: Fourteen Thousand Eight Hundred Fortes One &No/1miQ 14,841.00 ) r�.a= „g STEEL DECK REPLACEMENT: Ten and N0/100 /SF(S, 10.00 ) ALTERNATE *1: RE -ROOF PANEL OVER BLEACHERS MATERIALS: Two Thousand one Hundrpd N'npty N0/100 (S 2,190.00 ) SERVICES: nnp Tho >_aand Fn tr H indrpd Sixty & NnIIOQ (s 1,460,00 ) s TOTAL BID ALTERNATE #1: Thrpp ThrmiSand Si x Hnnt3rar7 Pi ft_-�r F, Mn/100(S 3,650.00 ) ALTERNATE #2: RE -ROOF CONCRETE ROOF AND TOP OF EXPOSED WALLS MATERIALS: Two Hundrpd and N0,4100 (_ 2On nn ) SERVICES: Three Hundred and N6/100 (s 300_-00 ) TOTAL BIO ALTERNATE #2: Five Hand d and Nnf 100 (a 500.00 ) Amount shell be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Supplier 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 NINETY consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Supplier 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 hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. !^ Supplier understands and agrees that this bid proposal shall be completed and submitted in accordance with in• struetion number 20 of the General instructions to Suppliers. i Supplier understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the bidding. The Supplier agrees that this proposal shall be good and may not be withdrawn for a period of thirty (30) calendar 7 days after the scheduled closing time for receiving proposals. The undersigned Supplier hereby declares that he has visited the site of the work and has carefully examined the r,..plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to conmenoe work on or before the date specified in the written notice to proceed, and to substantially complete the work on 'Which he has proposed; as provided inF.the contract documents. or Enclosed with this proposal is a Cashiers Check or Certified Check for Nine_ HundrPr3 FQr -y NinP1G _ 9�,Dollars f (f 9 495 5_-^) or a Proposal Bond in the sum of N /A Dollars (S N,/A ), which it is ograed shall be collected and retained by the owner as liquidated damages 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 proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Supplier understands and agrees that the contract to be executed by Supplier shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Suppliers. �^ Texas Roofing Company t Contractor By• L.W Rampy PrpsidPnt r (Seal if Supplier -is "a Corporation) ATTEST: r a ` Secre ry Rita Wheeler NOTE: This Proposal includes a $1,000,000.00 Combinsed Single Limit Insurance but does not include any excess umbrella policy. i 41 r. i d r• LIST OF SUBCONTRACTORS EE t. This form shall be completed and submitted with the Bidder's Proposal. p i 1. 2. J 3. A 4. 5. 6. i 7. h 9. r► 10. r i i t �., 22 t Minority Owned Yes No PAYMENT BOND 24 STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY r ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 r 1 KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as t" Principal(s), and s k (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), In the amount of r Dollars (S ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 19_, to f- 1 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. A.. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil a 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 same extent as if it were copied at length herein. r- 26 IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 19� Surety Principal *By (Title) By: (Title) By: (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety * By: (Title) Approved as to form: City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation, if signed by an Attorney in Fact, we must have copy of power of attorney for our files. 27 7 PERFORMANCE BOND 28 i r STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 I OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY oft ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 �+ KNOW ALL KEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as PrincipaL(s), and 7 (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars (S ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors r' and assigns, jointly and severally, firmly by these presents. r p p I i r i i WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of , 19_, to and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil r.. 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 same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this — day of 19_ { Surety * By: — (Title) Principal By: (Title) By: (Title) By: (Title) ,. 30 i The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By_ (Title) Approved as to Form City of Lubbock By: City Attorney • Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 31 CERTIFICATE OF INSURANCE 32 6/10/1993 |====== | -------------------------------------------------------------------------------- � [,PRODUCER |THIS CERTIFICATE IS ISSUED AS A MATTER QF | :The Shropshire Agency, Inc. :INFORMATION ONLY AND CONFERS NO RIGHTS UPON | P.D. Bow 1042e THE CERTIFICATE HOLDER. IT DOES NOT AMEND, � | Lubbock» TX 79408 :EXTEND OR ALTER THE COVERAGE AFFORDED BY THE | ./ .(806) 763-7311 :POLICIES BELOW. � '.... ... ........ ... ............ .... .... .... ................ .... ... ... .... .... .... —........ .... .... ............ ' .... ........ �======| C0�`ANIES AFFORDING |INSURED | COMPANY A: AETNA CASUALTY & SURETY CO. | � .TEXAS ROOFING COMPANY | COMPANY B: | :P.D. BOX 2156 \ COMPANY C: | LUBBDCK, TEXAS 79408 | COMPANY D: � !�(G306) 747-2981 ............... ........... | COMPANY E: | —.... ..... ........... ... .................. ..... ............... .... ........ ==============================| .... .... ....... .... .... ............ ........ ... .... ........ ........ .... .... .... ... .... .... ........ .... .... .... .... ............ .......... ............ ------------ cow.... |===================================| | This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period ' indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate say he issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, � exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. I SURANCE |====| POLICY ...... .... .... .... ..... � -----------------------------------------------------_-------------------------- |GENERAL LIABILITY| | Effective|$ General Agg | Gen Liability| |$ Prod/CoOps Agg| | |[ ] Occ [ ] CM | | |$ Pers/Adv Inj | ([ ] OCP |$ Occurrence | |Expiration|$ Fire Damage | L .. / / |$ Medical Exp | .--+---------....... ........... ---..... ..................... |AUTO LIABILITY \ ... ... .............................. ........................... ................... ... +.... .... —........... ........ ... ........ ........ ............ ... ........ ........... ....... —.... . | Effective: | ' | [,A | [X] Any Auto :071FJ1142593CCN 10/14/92 �$ 10000,000 CSL � | :[X] All Owned |[X] Scheduled | | | | / |[X] Hired | | | | | |[X] Non —owned | |Expiration|$ Bl (person) | ' |[ ] Garage Liab | ] | | 10/14/93 |$ Bl (accident) � | |$ PD | �/--.................. .......... ................... .... ......... .... ..... ........ ................ .... ....... .... ....... .... ........ ... --+........ .... ... ........ .... .... .... .... ........................................ ... ....... .............. ... ............... ............... | � :EXCESS LIABILITY | |[ ] Umbrella | | / / >$ Occurrence | \ \$ Aggregate \ Other |__________________________| |--+-----------------+-------------------+----------|[ ] Statutory Lmts| | WORKERS COMP ( | AND :$ Each Accident | \$ Disease —Limit | / . | . EMPLOYERS LIAB | | / / |$ Disease—Empl | | � ��U3��ER� R%�� |071IS6008175TCA *:ALL ......... | 07/��1/92 |$ 2500000" | | ^. RISK | | | | -------------------------------_----------------------------------------------. � �Description of operations/locations/vehicles/other 07/01/93 |$ | ^ | � REm MAXEY COMMUNITY CENTER ROOF POLICY NO. %S6008320 | REPLACEMENT 30TH & NASHV%LLE«LWBBOCK (07-1-93/6-21-94) | | . CITY OF LUBBOCK SHOWN AS ADDITIONAL INSURED & WAIVER OF SUBROGATION IS | � . APPLICABLE | '--------------------------------------� ======| CERTIFICATE HOLDER CANCELLATION |------------------------| any of the above described policies: i.-----------------------------------|be cancelled before the expiration date � | CITY OF LUBBOCK |thereof, the issuing company will endeavor,' :to mail 10 days written notice to the | | ! LUBBOCK, T�� TEXAS :certificate :certificate holder named to the left, but | .failure to mail such notice shall pose no | ` ' |oblon .|| -------......... ------... ... ........... ................................................ �_' ....... ......... .... '.......................... �Authori JUN 11 ' 93 08 a 58 ANCO=S I kt8 -INS SER 806 799 7774 A r+ c a e k ti N ►+ F , c fLr . e ._ F- REVISED A r CERTIFICATE..QF _ -INSURANCE 1 E'R3Di fR i Anti) Insuranot r- }� p. iia Box 3889 yX0' X /f 9 CeeRR Da O/ I 'TH15 CCRTIFIC:ATC Ir '1salE4''A� G teaTT['R'n" 'TN"tIRN.'IYtt�:' tr Y' « ! I (;X;ERB NO R1,34!'S LK'ON THE CF.P.TIFICF.TE HOLDER. THIS CE•RTIFICAIE 1 I Dp.S; X-57 A?'F% F110t 6 DR h0ik IH:-' CCr�Ek'tfE t•� FORDt'D BY 14 I I FrXICIES B'I.I:bl. i «rCOMPANIES -AFFORDING COVERAGE ....------•... I F tOV _r...______.......... , . .----------. -.... 1 100 I ....,.. --- , ...... _....r.«.... .., .....-------...._...... ...-----...------------- I 1 VDI NY LETTER A CNA Insurance I I Zega6 Roofinu Co.' Igg orporat i on l am BQekSTX 1 7 4 8 I COMPANY ISTTfk S ! t. o ....0 • • •.. ..... .. ......» ....... .. ... - . . I. ... _.. ... r.__----_r,r.................. 1 i-CorPkXY LFTTER C ....._...--- --.__ .__.-.., ......._ -------------------- t CON'PANY LETTER p 1 -_ I. ......__.... ... ......•.,...,•.....__...__..._��«. ---------------- 1) lL !) CQUERAGES { I CK-ANY tEl7ER E _. I stiaceze-friar._:*sv�=crc :..:rpz 7tl.NU�r:'Orr.a:r.�r:r•aa,•t.r,•ar.«.:rr,.st;:Naar. .a.^.::c ::.-.�=r.:aami::;i.:::::.--"i E THIS IS TO CERTIFY 19AT P01.ICIL•C Or INSURANCE LISIECi T+DLO►+ KAVE RNN IS<;ILI) TO 1K INSURED W4'+cD ABOVE FOR la PO,.ICY I I KRIDD INDICATED. NOTWI143ANDIN'G kNY REQUIR:KEtil. TERM OR CONDI'ID! Or ANY CIDNIU ;T OR OTHER DE"*XNLT WITH KSPECT TO I I { 410 THIS CERTIFICATE MAY K ISSi D OR YAY PE9101 IA.' INS�XNC} AFFORDED BY THE POLICIES DESCRIBED HEREIN IS subjLLI 1.0 I ALE TERMS, EXCLU5104S, 410 CONDITIONS OP KC14 P3LIC195, LIMITS 5iON IJ1Y ftt BEEN REDiCED SY PAID C--Alf$. +_ I-----.r. • r1.........._w_w._....r.................. 1. . rr_r •...-..aa. / -.... — _-..__... • ..,�• r...�...-r.---.__. r-a«. -a aIFAA ----1 I CAI TYPE OF INSURE tJi.'1' I FmDLICY XR I ;'Ck.ICV EFF Ir .. POLICY EXP i LI!!I1S I ILTRI_«............ . _.... .....___ I .........w..._.. ____......._, I ...,r..bRtt..... I .LA1E....r I I I SENERAL LIABILITY I I I IS_NERA;, MREeATE 1!, 000, 0eia I A100 COKME9;:10.. KN LIABILITY 1 Ai 17 4214« 0 ► 0'�.�/01 /9310�iIO%/941T'ROG-GONiF'JD�' i+GG, kry� 00Qt, 0$If0 c 1 1 I J CLAIMS fiADE K I OCC, I I N IPF�RS, d ADV. INMAYIi, 000, 0011E 1 1 1 I if 3 OWIERS'S 9 CONTRACT0416 1 I l PRDTfCTIVf I 7 i I I 1 I 1............ ......... I ............... 1 I I IF 01 OCCURRENCE Its 0000 000 •--._.._..._i. I ! IFIRE LME�- I It I { 1 I I (ANY (W F Ikc ) 60,000 1 1,...I II i I I l .....,......----.... i-------------- I t' I I i I {�O'.AE!IEiJ1{I 51 000 1 I.r-1--------------......., .,,...rarw.-i---------....,..r....•----...._1_.... r......I............•..._t....r•....,_-__.---a.rl--.------.......I I I AUT•OMOB I LE L I AB I I I ICOMP, SIN5LE LIXIIJ I 1 I N I i t I I it ) ANY AUTO 1 1 if I ALL OWNED A�ROS I -_-raver« ...---r-ao. `I I t IBODILY INJORY I . I I I I (KA PERSON) I I l II I 010ftco 9JTOS I I It 3 HIRED F111OS I l I ,-.......... I I 1$0DILy INJURY i i r„ I if J NON-O',NED RUT09 I I it J GARAM LIABILITY I I I I (PER A^..CINNT) I I t I I---a-------.•....r_I--- -r.«.------ I . I II I I I I NPRDPERTY DAW;; I I l.r..I............. . ----------------- I __------------- --------------•-_--I.r___ ..a ♦ _._I 1 I lE XL SS LILASILITY I 1 i (EACH OCCURRENCE I i f i It i D`�t'�+0 IM UKBW-LLA FORK I I i IPSaREOfkTt------r_«I-"«r.---•-•.___! I._.I..r....................-------ar1._..-.-..w'..a..-._-. _.._r... r1.-r...n... ...-_ L... ........... a. lr•.».- «--------«-1--------------I I I I I I I XISIATUTDRY LIMITSI t I Al WORK Bl CpMP I wneiefine9 1 0°vol/931Qvet/941E90i Ai'CIDENT ES001000 1 71 At EMPLOYERS' LIAR I i I IDISfAWsE401Z LIMIT 1500' 080 I i•-wlr----_._.___.._._rrMl•rrM.-..r..1.........-.r.•r_rar«.r«�.-.I _..»_..«• • .••Ir._....•.rr_.-o. xl........rb.....--_-......... �........t 11 0THEtR I(i ..r.-.._.«r-rw «w,. ,•w •.. «r _.. _...__-. • .. !. • .... ... -.._. .r ............ -... t 'Irr.I ..................l .�...... I - ------------------------------- DESCRIPTION OF D;fRATIME/LOCQTIW/YEHICLESISY'ECIAI ITEM' I �I Roofing Contractor .I Job1 Max* omme Gehtera Wr v r in favor of City of Lubboc Qn Work. Comp. i I► C(,EiRTIF1CsaTE FI4:b0R {oak= shown as d it i Cral 13 gredt & rWai ver„0f u raRiat i.on on ©L 1 7 h at tfff!lf ISBN :bC=_ - ` f L ra q ._ _� Efl:fff Dl YS':L7C::s raj ••ZaY.atsn�S:�Cf Cl:t 1 * 60JL0 ANY GF TfT MOVE DESCRIfED PXICIES Er: CANCELLED BEFORr )HE IE%- l t f PIRATION DATE THEREOF TtiC ISSUIN3 C00ANY WILL ENDEAVOR TO KAJL 10 1 i s PAYS VRITIEN N',ITI(T Tb THe CERTIFIt;ATE KILDER WID 10 TVi LEiT SUT I I r FAILURE TO MAIL 94N 0110E. SMALL I1r•a5: WJ OPLISAIION OR tlAglhlY T 1 F+'it. b Lu &�yyQk f ANY KIND UPON THt, COl�;vf+.NY, ITS AGENTS OR REPACSENTAtIVE$. i --- Ua box Yrir----«_..............._.._.._...------.....-`-----------------......_I I bback TX =rAdTHORIIED kE,Pft.S1:NTA711'E00-2,-r-, ��41G7' i IACORL 95-S (7194i). - _ "� ben hike - - - - -- - - -- JUN 11 '93 15:�16 ANCO-SIKES INS SER 806 799 7774 P.1/1 _ .. � r...+�r�..._.i.�•��:._J_.. a►�;��,K,i. �. 1 I+' >'►'.#a� �I r j ISSUE DATE(MM)DD/Y1) �/.i[■ d PRODUCER THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE knco Insurance DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED eY THE P.O. Box 3889 OLICIES BELOW,-- -- 4ryan, TX 77805 ' COMPANIES AFFORDING COVERAGE COMPANY CNA Insurance LETTER , _.....__... _..�__. �.. _ ._.._._._.._....,_..._..................._.__........,..._.._ ..! COMPANY B tuREn LETTER. , .. , , , . , ... ..... . . ........ . .........,.,..,.., _....,........... _._.............._. _.. _._.._..•._..._. _..... _--- COMPANY City of Lubbock LETTER C+ Texas Roofing Co., COMPANY D t � Corporation • LETTER box2156 r..........:. .... ......... ..:. _ .. ..... ................_. .__...._........_...,....._.. _.._...__........ _......... _. _— _ COMPANY E ubbock., TX 79408 ' LETTER I I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIO`.' r+cRl•]G INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO %r11Ct; ? elk r CEATIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS• EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 6:POLICY EFFECTIVE POLICY EXPIRATION: TOR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MMIDDIYY) LIMA fs AL LIABILITY GENERAL : 2,0�0,000 GENERCOMMEFtCIALGENERALLVt6luTY ..................._..._....,........-...__.... ......... .. _........... To be assigned 06 10/93 06/10/94 PRoauoAGGREGATE g / T8-0OMPK3P AGG. is ...................., .......... . CLAIMS MADE' _OCCUR. ; ;PERSONAL d ADV. INJURY Is 1,000,000 _ y X OWNER'S I CONTRACTOR'S PROT.! EACH OCCURRENCE )i ,QOO,OOc7, ,FIRE DAMAGE 1Any ono fuel + i 5Q yOrjQ . ., ' MEO. EXPENSE IMa l one aara Me f M . AUTOMOBILE LIABILITY : COMBINED SINGLE _ I . LIMIT ANY AUTO ALL OWNED AUTOS BODILY INJURY ' i MSCHEDULED AUTOS (Poll pefw) HIRED AUTOS BODILY INJURY _ (Per accident) AUTOS _ }....... ......... ... .............,,...........,...,...,....,,..... ,...... ,... .. ...... ..... GARAGE uASILITY M1 PROPERTY DAMAGE S fiXCEss LIABILITY EACH OCCURRENCE S _ UMBRELLA FORM AGOREQATE ! i OTHER THAN UMBRELLA FORM WORKER'S COMPFMATION :STATUTORY LIMITS < .,_......:.._, _. .'.._:....... AND EACH ACCIDENT ; 9MPLOYBRS' LIABILITY ; DISEASE --POLICY LIMIT DISEASE --EACH EMPLOYEE (S _.. . OTNER 01—CRIPTION OF OPERATIONS&OCATIONSNENtCLESISPECIAL ITEM; r'63b: Maxey Community Center NC t,ATloa .�1'R�'1F..t�AJ'�,:H�4�P�ti �A 1rt1R .,.......... ..:... ,............ ,.�.:...•. ...::.... _ . _ _ . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 9EFURF' IF,r' I' ity of Lubbock EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR rC P1, Box 2000 MAIL 10 DAYS W14ITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO Ttl �.ilbbock, TX 79457 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OW LIABILITY OF ANY FUND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RFPAESENTATIVE ~�~ Don Sikes A( ]RD xs-8 (7/90)o. � . ' ' D OAP TION 199 CONTRACT 36 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this by and between the City of Lubbock, County of Lubbock, r State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as 1 OWNER, and TEXAS ROOFING of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS, hereinafter terimd CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #12526 - MAXEY COMMUNITY CENTER ROOF REPLACEMENT - IN THE AMOUNT OF $18,991.00 and all extra work a in connection therewith, underthe terms as stated in the contract documents and at his (or their) own rproper 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 Oven 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 make payment r on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents hrveexecuted is e n Lubbock, Lubbock @County ,_Texas in the year and day first above written. FORM:APPROVED AS TO ��J �� 1 ,fir � • ATTEST: O Corpor a Secretary 7 L TEXAS ROOFING By TITLE• — COMPLETE ADDRESS: ,me, 4990 35 0 r i I PM r GENERAL CONDITIONS OF THE AGREEMENT r+ f i. r l r t l s r i ,f 1'! s r„ 40 s i r i p� 1. OWNER l GENERAL CONDITIONS OF THE AGREEMENT whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. Z. CONTRACTOR j whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be l understood to mean the person, persons, co -partnership or corporation, to -wit: Texas Roofing, who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE r 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 constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. r 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 all other documents made available to Bidder for his !! inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES F Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words T' of like import are used, it shall be understood that the direction, requirement, permission, order, designation or z 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. 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 nature, 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 of the words, terms, or clauses defining the character of the work. 6. SUBCONTRACTOR i The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. I T. 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 nQtJce. i p� E 8. WORK r„ Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work t described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. ` 10. LAYOUT Except as specifically responsible y i p pe y provided herein the Contractor shall be res ibis 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. 1 12. RIGHT OF ENTRY r+ The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed )1 work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor ^ will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts Will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite ^ observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner I against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. r- 39 P r r 7 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the 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 with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so 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 direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom 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 r" a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should 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. M 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is �•► furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper Inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any r 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. PM 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE r 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 r Owner's Representative. The superintendent shall represent the Contractor in his absence and ell directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and i 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. 44 1, 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himselfasto the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any.officer, agent, or employee of the owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shalt be discharged from the work and shall not again be employed on the work without the Owner's. Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice es to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. if any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by taw or the contract documents. 45 If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to sleet the requirements of any such tests, inspections or approval and an work which meets the requirements of an such tests or y eq y 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 make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. r.. 22. DEFECTS AND THEIR REMEDIES i It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated r as hereinabove set forth shall be at Contractor's expense. f k 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 r. a claim for damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of l work, and the increased work can fairly be classified under the specifications, such increase shall be paid l according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such I changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. f� i 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform ell extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - if neither Method (A) or Method (8) be agreed upon before the extra work is commenced, then the Contractor shalt be paid the actual field cost of the work, plus fifteen (15%) per cent. " 46 I' In the event said extra work be performed and paid for under Method (C),.then the provisions of this paragraph shall apply ,and the "actual field cost" is hereby defined to include the cost of all workmen, such .as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, old Age Benefits, Maintenance Bonds, Public.Liability and Property Damage and 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. Owners Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. in case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its 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 arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the 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 sums in his proposal to complete the work in accordance with these plans and specifications. it is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MOOIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 47 r 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, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including 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 progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. A 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A. Comprehensive General Liability Insurance t 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 iL Collapse Hazard Underground Damage Hazard r Products i 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. 6 ,� 48 B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owneros 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 bodity injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property Damage. C. Comprehensive Automobile Liability insurance The Contractor shell have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury $250/500,000 Property Damage $100,000 to include all owned and nonowned cars including: Employers Honownership Liability Hired and Ronowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of potential toss) naming the City of Lubbock as insured. E. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of ($1,000,000 minimum) with coverage to correspond with Comprehensive Generat Liability and Comprehensive 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 Subcontractor on the job with Employers Liability of at least $100,000 limit. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shalt 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: r- (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the Limit or Limits of Liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. 49 F r 29. r,30. 31. 32. r PM (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the Job specifications. No substitute of nor amendment thereto will be acceptable. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terns, conditions, and priviliges of employment. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS. LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EOUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. LAYS 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. 50 The Owner is a municipal corporation of the State'of Texas and the taw from which it derives its powers, insofar as the same regulates the objects for which, or the mamer in which, or the conditions under which the Owner may enter into contracts, shalt be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Corner may withhold permanently from Contractor's total compensation, the sum of S100.00 (One Hundred Dollars) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor 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 several parts. 51 i� l 7 36. EXTENSION Of TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the'comptetion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this Y Locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, 1 fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith ell written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The rOwner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shalt then submit such written request to the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City Council on r. granting an extension of time, such disagreement shalt be settled by arbitration as hereinafter provided. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to conplete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shalt be made by the r^ 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 f^ stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, Including the specifications, plans and other contract documents are intended to chow clearly sit 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 offered 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. 39. PROTECTION OF ADJOINING PROPERTY } The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shalt be liable for any and r 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 performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 52 40. PRICE FOR WORK in consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the 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 saterials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and -further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to.by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written" recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. 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 inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the 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. 53 r 44. FINAL PAYMENT 45. r 4 46. 47. 48 F ii Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 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 Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The.Owner or the Owner's Representative shall give notice of observed defects 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 otherwise in 5�e contract documents. 49. 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 select 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 decision 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 either 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 shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, 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. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, 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 may award damages for any delay occasioned thereby. The arbiters 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 must be made in writing and shall not be open to objection on account of the form of proceedings or award. 50. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the -- Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials xill ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sun which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or 55 r� ( (b) The Owner, under sealed bids, after notice published as required by law, at least twice in.a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety &hall be so notified and f" 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 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 30 days after the date of certificate of completion. �,. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated t in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any r" machinery, equipment, tools, materials, or supplies which remain on the •Jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. n 51. (ABANDONMENT 8Y 0"ER i F ` In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or ro` wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the j ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which r. estimate shall include the value of all work actually completed by said Contractor 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 Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. F r+ 7 56 52. 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 i00% 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 statutory 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 further agreed that this contract shall not be in effect until such bonds are so furnished. 53. SzPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict. with any of the general conditions contained in this contract, then in such event the special conditions shalt control. -- 54. 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. 55. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 56. 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 materials and shall leave the work roan clean or its equivalent. ,The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor,. 57 CURRENT WAGE DETERMINATIONS roll t. 58 • �: Resolution -2502 • January 8, 1987 Agenda Item V18 DGV:da r- RESOLUTION WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and r" WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and t" WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOId THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: r - Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades r' Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate F 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. iTE 'Ranette,3oya, City Secretary APPROVED TO NTENT: B1-1,1J0,Xyne, D rector of Building Services B.C. McMINN, MAYOR APPROVED AS TTO` FOR11- Q;i'` � /0� r►�l� Dorrald G. Vanciver, First 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 7 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 EQU1 P "PIT 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 l 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 60 SECTION 01 BUILT-UP BITUMINOUS ROOFING MAXEY COMMUNITY CENTER 30TH AND NASHVILLE APRIL, 1993 PART I - GENERAL 1.01 RELATED WORK A. Provide gravel -surfaced built-up bituminous roofing as specified herein, and as needed for a complete and proper installation. B. Sheet Metal Work.....................Section 02 1.02 APPLICATORS QUALIFICATIONS A. Contractor shall submit, with his bid, evidence that his company is an approved roofer for the material manufacturer providing the roof guarantee. 1.03 SUBMITTALS A. Prior to application of any roofing materials, the _ roofing contractor shall submit to the Owner's representative the materials manufacturer's literature and descriptive information as to the materials proposed for the roofing project. - B. Certification that materials meet ASTM and Federal specifications. C. Manufacturer's recommended instructions for the - installation of membrane. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Contractor shall store material in accordance with material manufacturer's recommendation. B. All felt rolls, insulation, and water -sensitive products shall be protected from the elements at all times. C. Felt rolls shall be stored on end and off ground. D. Material shall be labeled for ready identification. Labels shall include name of manufacturer and name and number of the product. _ E. The contractor shall store only that material on the roof surface that can be used in one day. r 1.05 ENVIRONMENTAL REQUIREMENTS A. Minimum Ambient Temperature for Application - Contractor shall not install any built-up roofing material or roof insulation at temperatures below 40 degree F. It.will be the contractors responsibility to determine when the weather conditions are acceptable for application of roofing system. B. Contractor shall keep the building interior protected from the elements at all times. PART II - PRODUCTS 2.01 ASPHALTIC MATERIALS A. Primer: ASTM D 41. B. Asphalt: ASTM D 312, Type III. C. Felt: ASTM D 2178, Perma Ply IV, Owens -corning Fiberglass or approved equal. D. Base Sheet: Perma Ply 128, Owens -corning Fiberglass or approved equal. E. Base Flashing: Three -Ply fiberglass Top -coated. No torch -on modified bitumen permitted. F. Walkpad: Not required. G. Plastic Cement: Federal Specification SS-C-153, Type I, or approved equal; non -asbestos fibrated. H. Wood Fiber Cants: LLL-I-535. I. Insulation: 1. 3' X 4' X 3/411, LL-I-535, Wood fiber. 2. Tapered Edgestrip 210" taper, wood fiber. 3. 3' X 4' X 3/4", HHI-5296, perlite. J. Roof Coating: ASTM D 2824, Type III, fibrated; minimum two (2) pounds per gallon aluminum flake; non -asbestos. K. Red Rosin: Five (5) pounds per square. L. Oakum: To seal penetrations. 2.02 GRAVEL A. All gravel shall be unused and meet ASTM D 1863: 3/8" - 5/8"; submit sample, light in 'color. PART III - EXECUTION 3.01 SEQUENCE OF OPERATION A. The contractor shall not use a completed roof surface as an area for transporting or storing roofing materials. B. The contractor shall schedule his work and maintain a sufficient work force to substantially complete the re -roofing work on a day-to-day basis. This includes removal and replacement of built-up roofing, wood nailers, insulation, cants and flashings. C. Work shall be completed with in thirty (30)`day from notice to proceed. 3.02 PREPARATION OF ROOF SURFACE AREA A. The existing A/C units will be removed by others. Two of the 4 penetrations above the north-west units shall be sealed -other penetrations shall be properly sealed. Penetrations made by the refrigerant lines and electrical shall be properly sealed. B. The contractor shall remove all existing roof material from the roof area. The existing deck shall be thoroughly broomed clean of all debris, dust, dirt and aggregate. The contractor shall repair any damaged areas. Metal deck damaged areas exceeding four (4) square feet shall be replaced with material to match the existing deck. Damaged areas of metal decking less than four (4) square feet in size that are exposed such as around building eaves and interior spaces with no ceiling treatments, shall be replaced with material to match the existing deck. Metal deck damaged areas less than mentioned above shall be covered with sheet metal screw -fastened to the deck. C. Removal of existing roofing over the perimeter edge shall be by means of a trash chute or enclosed containers. The contractor shall use extreme care in removing materials from the roof surface to trash trucks. Damage to exterior walls and plant material shall be repaired by the contractor. D. The contractor shall not remove any more existing material than can be properly protected with a complete built-up roof on the same day. Once the tear -off operation begins,, the contractor assumes full responsibility for leakage in these areas. OM E. All roof debris becomes the roofing contractor. Debris daily basis. F. Contractor shall verify with items to be removed from the decking according to 3.02-B, 3.03 BITUMEN HEATING property of the shall be removed on a Owner all abandoned roof surface. Repair as required. A. Asphalt shall not be heated above 525 degree F. or applied at a temperature below 400 degree F. B. The contractor may obtain Equiviscous Temperature (EVT) information from the asphalt manufacturer. If EVT information is available, the contractor may heat asphalt within these limits. C. Asphalt shall be delivered to the point of application at a temperature recommended by the material manufacturer. D. The contractor shall use thermostatically controlled pumper -type heating kettles. All kettles shall be equipped with a calibrated thermometer. E. The contractor shall maintain a minimum of three (30) thirty pound fire extinguisher shall be kept with each kettle and one on the roof surface near the roof surface. 3.04 ROOF SYSTEM A. Metal deck shall be swept clean of all dirt and debris. Mechanically fasten first layer of 3/4" insulation to deck using one (1) fastener every two (2) square feet. Second layer of 3/4" insulation shall be set in hot uniform thirty (30) pound mopping of Type III asphalt with the mopping surface on top. Second layer of insulation shall be applied so joints off set a minimum of six inches (611) from first layer. B. At the intersection of the roof and vertical surfaces, wood fiber cants shall be installed. The contractor shall set all cants in full mopping asphalt on top of the wood nailer. 3.05 APPLICATION OF GRAVEL A. Gravel shall be thoroughly clean and dry at the time of application. B. Storage piles of gravel surfacing shall be placed on sections which have been first poured and mopped with bitumen. Aggregate shall not be placed directly on bare felts at any time. OW fi Storage of aggregate on plywood runners is acceptable. Windrowing of gravel is acceptable on protected surfaces. The contractor is cautioned not to store any more gravel or aggregate in one area than the building structure can support. C. Flood the complete roof surface with approximately sixty (60) pounds of Type III asphalt per square, while the asphalt is hot and fluid, install approximately four hundred (400) pounds of aggregate per square. 3.06 APPLICATION OF BITUMINOUS FLASHINGS AND SHEET METAL A. Metal flanges shall be pre -primed with asphaltic primer on both sides. Metal flanges shall be set in full troweling of plastic cement and nailed three inches (311) on center. The flange shall be stripped off with two (2) plies of fiberglass - felt, one twelve inches (1211) and one eighteen inches (18"), set in plastic cement. Plies of fiberglass felt shall not exceed twelve feet (121) in length. (Coordinate with Section 02). B. Base Flashings (Three -Ply Top -coated) 1. Embed one (1) ply not more than 12' long in a smooth, uniform layer of hot Type III asphalt applied at a rate of 251 per 100 square feet, or a uniform layer of flashing cement. Lap ends a minimum of 311. The material should extend from a point not less than 4" above the top of the cant to a point on the finished roofing plies at least 2" beyond the toe of the cant. - 2. Embed successive plies not more than 12' long in a smooth, uniform layer of hot Type III asphalt applied at a rate of 25# per 100 square feet, or a uniform layer of flashing cement. Lap end laps a minimum of 311, and stagger 24" from the preceding end laps. This ply should extend 1" further up the vertical wall and 1" further out over the finished roofing plies the preceding ply. 3. Nail through plies with large head nails, - maximum 6" on center, 1" below the top edge. Coat entire top ply with uniform layer of flashing cement or a uniform layer of hot _ Type III asphalt applied at a rate of 25# per 100 square feet. C. All base flashings shall be coated with aluminum roof coating at a rate of 1 gallon per square. A 3.07 LAB ANALYSIS A. The City of Lubbock reserves the right to remove five (5) 1211 `X 12" or 4" X 4" samples from the roof for laboratory analysis. The sample will include felts and insulation. The contractor shall remove areas selected by the City and replace materials with identical roofing materials as installed. Roofing felts shall extend 611, 1211, 18" and 24" past the sample areas. 3.08 SAFETY A. The contractor shall note that'the City of Lubbock assumes no responsibility for the safety of the contractor'semployees. SAFETY OF THE CONTRACTOR'S EMPLOYEES IS SOLELY THE RESPONSIBILITY OF THE ROOFING CONTRACTOR. 7 SECTION 02 SHEET METAL WORK PART I GENERAL 1.01 RELATED WORK SPECIFIED.ELSEWHERE A. Built-up Bituminous Roofing .......... section 01 PART II - PRODUCTS 2.01 SHEET METAL A. 24 Gauge Metal: 24 gauge galvanized metal with approximate thickness of 0.0239"; 1.1562 lbs/sq.ft. B. Lead: Weight 2.5 lbs/sq.ft., plumbing vents, roof drains. C. Solder: ASTM D32, Alloy gauge 58, 50% tin, 50% lead. D. Sealant: Tremco Dymeric-sealant. E. Pourable Sealer: Carlisle Sure -Seal Pourable Sealer. PART III - EXECUTION 3.01 INSPECTION A. The contractor shall thoroughly examine all surfaces that are to receive sheet metal caps, counter flashings, pitch pans, conductor heads, down spouts and bases. B. Prior to the application of sheet metal flashings, the contractor shall have installed all wood nailers, cants, built-up roofing and built-up base flashings. The contractor shall verify that all substrata are smooth and clean to the extent needed for sheet metal work. 3.02 INSTALLATION A. Fabricate all sheet metal caps and counter flashings in 8' to 10' lengths. Each leg of the inside and exterior corners shall be 18". Corners for all wall caps shall be mitered, seamed and sealed. B. The contractor shall install all sheet metal work in a water tight fashion without waves, warps, buckles, fastening stresses or distortion. C. All field joints shall be lapped 6" and sealed. r` D. Pitch Pans/Vent Bases/Mechanical Bases/Gutters, Etc.: r, All new sheet metal work for penetrations through the roof shall have vertical and horizontal seams soldered and pop riveted. Pop rivets shall be spaced no more than 1" on center. r' E. ALL NEW AND EXISTING sheet metal shall be painted with two (2) coats of paint. This includes counter flashings, pitch pans, cap flashings, conductor heads, down spouts and gutters. Color to be selected by the City of Lubbock. F. Coordinate installation of sheet metal with requirements of Section 01, Paragraph 3.06A. SECTION 03 CONTRACT CLOSEOUT 1.01 FINAL INSPECTION A. Upon completion of all related work to this project, the contractor and Owner shall set a date for final inspection. Representative of the contractor and materials manufacturer shall be present for final inspection. During final inspection, a punch list of items to be completed will be generated and presented to the contractor. All items on the punch list will be completed before final acceptance. 1.02 WARRANTIES A. Contractor's Guarantee - Upon completion of the project, submit to the City, in triplicate, a guarantee on the roofing contractor's business letterhead. The guarantee shall contain the following: Re: Re -roofing Project Maxey Community Center 30th & Nashville City of Lubbock Lubbock, Texas THE WORK WHICH HAS JUST BEEN COMPLETED IS GUARANTEED FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF COMPLETION AND FINAL ACCEPTANCE. The warranty is to be assignable without charge if the intended use of the building remains similar and consistent with its usage at the commencement of the warranty. The contractor warrants that all work performed under this contract conforms to the contract requirements and is free from any defective material or workmanship performed by the contractor. Under this warranty, the contractor shall remedy, at own expense, any such failure. Failure shall be defined as water leakage at any point within the building through the roofing system, at its associated flashing, and sheet metal work. Failure shall also be defined as blistering, splitting, bitumen dripping, buckles or wrinkles, slippage of new roof membranes, foam delamination, coating failure, or pinholing. The contractor will be required to make temporary repairs within forty-eight (48) hours of roof failure. r r Upon completion of temporary repairs, the contractor will repair that area of the roof affected by the failure to the original condition within a period of seven (7) days. BY: (Corporate Seal) (Officer in Cooperation) (NOTARIZED) B. Manufacturer's Roof Guarantee - In addition to Contractor's Guarantee, the contractor shall furnish an unlimited penal sum material manufacturer's roof guarantee. This guarantee shall be for a minimum of ten (10) years, no dollar limit (NDL), and shall include a flashing endorsement. Guarantee shall cover workmanship and materials. 1.03 CLEANING A. The Contractor shall thoroughly clean the contractor's access areas of all related trash, debris, dust, dirt, etc. upon completion of the contract. The contractor shall clean any stains on perimeter walls resulting from the contractor's work. Perimeter walls shall be cleaned to the satisfaction of the Owner. Replace any damaged landscaped areas or fencing resulting from the contractor's work to the satisfaction of the Owner. B. To ensure maximum safety, sanitation and reasonably neat appearance at all times, clean up all materials and debris left over from the existing roof removal and new roof construction at the close of each day. Haul away material and debris from sites and dispose of, at contractor's expense, at legal dump sites. 62 NOTICE OF ACCEPTANCE TO: The City of Lubbock, having considered the proposals submitted and opened on the _day of 199�, for work to be done and materials to be furnished in and for: 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 the day of 199 _ at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and 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. CITY OF LUBBOCK Owner's Representative 64 Notes Q North 23'-6" O ❑ ❑ A/C �— See Note # 1 - See Note #2 ih I N Legend 2" 24 Guage Gravel Guard 8 V-8" C A/C] A/C ISee Note * 1 23'-8" a 1 BASE BID Remove Existing Roofing and Replace per Specifications See Note #2 50' -6" Community Center Roof Plan Scale 1 /8" = 1'-0" 23'-6" Alternate #2 t0 ---10'-- 1 I M N 1. Air Conditioning units will be removed by Air Conditioning Contractor (Comfort Master- Glen Davis) under another contract. After roof is replaced, a new air conditioning system will be installed by others. Roofing Contractor shall coordinate the installation of the curbs below the units with the A/C contractor. The curb system will be supplied and installed by the A/C contractor. The roofing contractor will seal the curb system durring the roof replacement. 2. Replace all roof vents, flues, and pitch pans still in use. Remove and seal all abandoned roof openings. 3. Replace damaged roof decking as specified. Alternates 1. Alternate# 1- Re -roof panel over bleachers using same specifications as the main building. 2. Alternate# 2- Re -roof concrete roof and top of exposed walls as shown using the following method: a. Remove loose debris. b. Apply 3 coats of Acryshield by National Coat Company (or approved equal) following the manufactures directions. 2"24 Guage Gravel Guard Where Shown 24 Gauge Gravel Stop / #4 Roofing Gravel-400#/Square 4-Ply Built Up Roof / 3/4" Rigid Insulation x 2 // r i0 N Z n o d' � 01 a c ai Q N = $ di V F' Y WDY �+ � Er M Ln J J z LL to co 0 n Et U. cn 0 0 c V U C) o 0 V 0 � O N M 0 m m 3 0 J a X ui U m m Q 0 SHEET7 1 of �