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HomeMy WebLinkAboutResolution - 4154 - Contract - Daktronics - Marquee, Lubbock Memorial Civic Center - 05_27_1993i Resolution No. 4154 May 27, 1993 Item #13 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 Daktronics, Incorporated for a Message Center at the Lubbock Memorial Civic Center, 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: Bttty(M.-Johnspn, City Secretary APPROVED AS TO CONTENT: Victor Kilman, kurchasing Manager, APPROVED AS TO FORM: M ald G. Vandiver, First ASSiS City Attorney DGV:js/DAXMWCS.RES DI-Agenda/May 20, 1993 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 Daktronics, Incorporated for a Message Center at the Lubbock Memorial Civic Center, 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 day of ATTEST: .Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: Victor Kilman, kurchasing Manager APPROVED AS TO FORM: Un ald G. Vandiver, First ASSiS City Attorney DGV:ja/DAXWCS.RES D1-Agenda/May 20, 1993 1993. CITY OF LUBBOCK SPECIFICATIONS FOR MESSAGE CENTER LUBBOCK MEMORIAL CIVIC CENTER BID #' 12559 RP CITY OF LUIBBOCK Lubbock, Texas e5-ri'qjsdi JUN 1 0 1993 1 CITY OF LUBBOCK SPECIFICATIONS for TITLE: MESSAGE CENTER LUBBOCK MEMORIAL CIVIC CENTER ADDRESS: 1501 6th STREET, LUBBOCK, TEXAS BID NUMBER: 12559 PROJECT NUMBER: 1481-552101-9869 CONTRACT PREPARED BY: PURCHASING DEPARTMENT I 1. 2. 3. 4. 5. 6. T. 8. 9. 10. 11. 12. INDEX PAGE NOTICETO BIDDERS..........................................................................................5 GENERAL INSTRUCTIONS TO BIDDERS ............................................ ............... ................ 7 BID PROPOSAL - 610 FOR LUMP SUM CONTRACTS.................................................................15 PAYMENTBOND..............................................................................................21 PERFORMANCEBOND..........................................................................................25 CERTIFICATEOF INSURANCE..................................................................................29 CONTRACT..................................................................................................33 GENERAL CONDITIONS OF THE AGREEMENT.......................................................................37 CURRENTWAGE DETERMINATIONS...............................................................................55 SPECIFICATIONS............................................................................................57 SPECIALCONDITIONS- ............... o ....... o ................... o ... 0 ..................................59 NOTICEOF ACCEPTANCE......................................................................................61 '3 NOTICE TO BIDDERS 5 NOTICE TO BIDDERS BID # 12559 ! sealed bids addressed to Ron Shuffield, Senior 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 2:00 o'clock p.m. on the 12th day of May, 1993, or as changed by the issuance of format addenda to all r` planholders, to furnish all tabor and materials and perform all work for the construction of the following described project: MESSAGE CENTER-LUBBOCK MEMORIAL CIVIC CENTER After the expiration of the time and date above first written, said seated proposals will be opened by the Buyer at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 27th 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 wilt 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 J= Rating of 11 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 lubbor_k 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 Of 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. I v 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 29th day of April. 1993. at 10:00 o'clock a.m., Lubbock Memorial Civic Center, Room 102, 1501 6th 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. CIT,yX,OF LUBB K RON SHUFFIELD SENIOR BUYER ADVERTISEMENT FOR BIDS BID 0 12559 Sealed bids addressed to Ron Shuffield, Senior 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 12th day of May. 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: MESSAGE CENTER-LUBBOCK MEMORIAL CIVIC CENTER 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 my 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, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Am. 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. J There will be a prebid conference on 29th day of April. 1993, $ ' , Lubbock t 10:00 o'clock a.m. Memorial Civic Center, 1501 6th Street, Room 102, 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 RON SHUFFIELD SENIOR BUYER GENERAL INSTRUCTIONS TO BIDDERS 7 GENERAL INSTRUCTIONS TO BIDDERS 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 and all materials necessary to complete this project in accordance with contract documents. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract docunents described in the General Conditions. r-, 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 i by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to .., Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shell 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. 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 tabor, 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. r T. 14ATERIALS 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. 6. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 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 sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 10 r" 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 ell 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 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. F 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) In proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at ell times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 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. The insurance certificates furnished shall now 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 particuL Y, project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations 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 Nape low 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: 0) 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 then 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. PROVISIONS 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 Z0. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, 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 4, 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 ■ 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. 21. BOUND COPY OF CONTRACT DOCUMENTS OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (e) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (a) Special Conditions (if any). (h) Specifications. (1) 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 BID PROPOSAL 15 610 PROPOSAL " BID FOR LUMP SUM CONTRACTS c FLACE: LUBBOM MEMORIAL CiViC CENTER, MESSAGE CENTER, i501 6th STREET, L1iBS=, TEXAS SATE 11 MAY 1993 i ROJECT Y0. 12559 �roposat of DAKTRONICS, INC. (hereinafter called Bidder) To the lionorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) ' -ent l emen: The Bidder, in compliance with your invitation for bids for the construction of a MESSAGE CENTER FOR r THE LUBBOCK MEMORIAL CIVIC CENTER Iaving carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re- ted contract documents and the site of the proposed work, and being familiar with all of the conditions surround- ing the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifics- rions and contract documents, within the time set forth therein and at the price stated below. The price to cover ll expenses incurred in performing the work required udder the contract documents, of which this proposal is to be a' part, is as follows: ' 7 ATERIALS: DAKTRONICS EQUIPMENT (s 53,047 ) SERVICES: AMCO ELECTRIC & B&B SIGN (s 39,705 r OTAL BID: (s 92,742 ) Foount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a #.+ritten ftotice to Proceed' of the Owner and to fully complete the project within 90 (Ninety) consecutive calendar ays thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to Say to Owner as liquidated damages the sum of $100.00 (One Hundred Collars) for each consecutive calendar day in sxcess of the time set forth hereinabove for completion of this project, all as wre fully set forth in the general r"onditions of the contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in- r+truction number 20 of the General Instructions to Bidders. r Bidder understands that the owner reserves the right to reject any or all bids and to waive any formality in he bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) Calendar days after the scheduled closing time for receiving bids. r 11 The undersigned Bidder hereby declares. that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Enclosed with this proposal is a Ceshierlc Check or Certified Check for FOUR THOUSAND SEVEN HUNDRED Dollars (S 4,700 ) or a Proposal Bond in the sum of Dollars (S ), which it is agreed 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 shalt be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all con- tract documents made available to him for his inspection in accordance with the Notice to Bidders. _ r rz a .., t c_ s , Z-N Contr r < , BY. (Seat if Bidder is a Corporation) ATTEST: Secretary 12 . r Cr1Y OF IUBBDCK BID #12559 STATEMENT OF OOMPL MCE SECTICN 10436 Exterior Sign and Message Center Item Q mlplv/Non-Corwly Descrintion Shop Drawings Cm1ply SLr-0792-2578 showing cabinet 7dimensions; ED 6379— f installation marmal. r Sanples cmply Spitted with shop drawings. Sign Ccmpar y Qualifications CmPly Custcaners mmber over 11,000 in US and forty foreign countries. Daktronics celebrating our 25th year. ULy/Nema CbaiTply— Daktroni-cs uses ETL p; Alternative (Electronic Testing Laboratories) which is �., recognized by the City of Ti bock. Warranty Exception Daktronics provides a five year message center warranty instead of the specified three year. Sign Cabinet Exception Daktronics manufactures using alp rather than steel. �. See our SL 1189-1774. General Alternate Daktronics proposes our 1 Superior 1/2" technology display using 7 2,304 lames per face or 13% more lamp resolution or a difference of 2 lines of 28 �- characters rather than 2 d. lines of 25 characters. General Alternate Daktronics proposes use of Superior our power VenusP 4600 control system with seamless software design--maning over twelve (12) unique software programs integrated into one. LV&y\r MTEaS\UMB0 'd{. C MP DA KTR O N I C S, INC. " P.O. BOX 5128 BROOKINGS, S.D. 57006-5128 U.S.A. FAX: 6051697-4700 TELEPHONE6051697-4000 SALES6051697-4300 TOLL FREE 8001843-9878 Message Center Sign Face Alternate Daktronics uses a lens and Superior laxvre technology which makes the lams brighter and dissipates heat better than sunscreens. See SL 0492- 2514. Illumination Alternate Daktronics uses a 3.85 watt Superior lamp Xenon bulb rated at 20,000 hours with brightness setting of six (6) to tailor the laxqbank to the ambient licit. Continuous Voltage Feature Alternate Continuous voltage is the feature abandoned by the television industry ten years ago because it wastes energy. A much better approach is Zero firing circuitry which senses the zero crossing point and only turns on the lamp at zero Volts to allow soft start. Soft start circuitry adds significant life to the lamp filament. Fonts 00mply Daktroracs provides fonts superior to specified plus the character fonts to do foreign languages like Chinese, Arabic and for dual language cultures like English/Spanish. LVUZY\LETIER.S\UMBOM. CIP TI.._ I DA TRONICS, INC. P.O. BOX 5128 BROOKINGS, S.D. 57006-5128 U.S.A 1 TELEPHONE 605/697-4000 SALES 605/697.4300 r,C FAX: 605/697.4700 TOLL FREE 800/843-9878 STATEMENT OFcaa4ffMCE 1) Spare Parts Package to include: ♦ One (1) laupbank driver ♦ One (1) modem card ♦ Fifty (50) lamps ♦ One (1) vertical circuit card ♦ Two (2) extractor tools ♦ Eight (8) louvre replacements Total Price..............AM $ 912.00 2) Three (3) year warranty on message center lank rather than the standard five (5) year. Total Price ........... DEDUM $ 890.00 IARRY\LETIERS \LUBB0CK . ALT L� ' DAKTRONICS, INC. ""' 1. P.O. BOX 5128 BROOKINGS, S.D. 57006-5128 U.S.A. FAX: 605/6974700 DAKTRC'.:'CS TELEPHONE 605/6974000 SALES 605/6974300 TOLL FREE 8001843-9878 vac ' LIST OF SUSCONTUCTORS This form shall be comaleted and submitted with the Bidder's Proaoset. 1. AMCO ELECTRIC, LUBBOCK, TX 2. B&B SIGN CO., LUBBOCK, TX 3. 4. S. 6. T. 8. 9. 0. Minority owned Yes No X X 20 PAYMENT BOND 22 Bond No. BDS 111417 STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, r' 1959 KNOW ALL MEN BY THESE PRESENTS, that Daktronics, Inc. (hereinafter called the Principal(s), as 4, r Principal(s), and Security Insurance Company of Hartford f (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 (s92 , 742 .)010wful money of the United States for r' J the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors �j 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 �1 , 1012, to f l _Building outdoor message center at. City of Lubbock 11625 1 3th St. fLubbock, Tx 79401 r i and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants r"+supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, 7 1 this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall ` be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. **Note: Ninety two Thousand Seven Hundred Forty two & 00/100xxxxxxx BOND CHECK BEST RATING r LICENSED IN TEXAS DATE `-2025 BY , 24 7 r;ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.. State of Californian OPTIONAL SECTION Nifr CAPACITY CLAIMED BY SIGNER r tat County of 1,os Angeles Though statute does not require the Notary to I fill In the data below, doing so may prove On 6/23/93 before me Debra L. Scalzo Notary Public Invaluable to persons rey�ng on the document. GATE ' NAME. TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC- ' [] INDIVIDUAL yTas R. Olsen ❑ CORPORATE OFFICER(S) personally appeared meNAME(S) OF SIGNER(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed .� the same in his/her/their authorized OFFICIAL SEAL capacity(ies), and that by his/her/their DEBRA L. SCALZO NOTARY PUBLIC CALIFORNIA signature(s) on the instrument the person(s), es PRINCIPAL OFFICE IN or the entity upon behalf of which the LOS ANGELES COUNTY My commission Expires June 21, t994 person(s) acted, executed the instrument. WITNESS my hand and official seal. TITLEIS) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT [] TRUSTEE(S) [] GUARDIAWCONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) Security Insurance Company of Hartford r SIGNATURE OF NOTARY / ) I k OPTIONAL SECTION Pa t bond THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENTn ,.. THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 5 DATE OF DOCUMENT 6/23/93 [ Thougdata requested here Is not required by law, SIGNER it could prevent fraudulent reattachment of this form. (S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7164 • Cancoa Park. CA 91309 7' IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 23 day of June 1993. Security Insurance Company of Hartford Surety Principal Daktronics, Inc. Aames R. (b�sen sy: K�2 - '-` Attorney in Fact it 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. D & D $UPIM Security Insurance Compan of Hartford $LIUM% su ty Platt, Tx M74 � 4 • By. 'k J Dennis H. Moore, ( 'tnrney-in-Fact Approved as to form: City ck ' By: City Attorney • Note: If signed by an officer of the Surety Company there oust 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. *Note: Per Obligee, Countersigner is a Dallas Resident Agent 25 r -i j.j f ii i ..-sRh_i +,irl'.ift;,t Daktronics, Inc. I 1 i s rlvf f7r�!i June 2.3, .1 993 33.1_ 3 nd . Ave _.- Brookings.. _ SD-__...-57.0-06 - -- - (StHEET ADDHU6) ;(ATY) (STATE) 1Zif,CODE) COpd"1'RACT" AMOUN I-_.$42.,7.-42-.-XxxXXXXX ...._._ ._._-..- .. _ .. AMOUNT OF BOND $E1.21742..-II0xxxxxx---- POWER NO. BD$__ --- KNOW ALL MF.N RY THESI;- PRESEN'i'S: 'that SECURITY INSLJRANC'I: COMPANY Oi�HAR'I'FOIZD, a corpor:nion of tlr- State of Connecticut, does hereby make, o)nsfilute and appoint ,1 Inic and lawful Attoracy(s)-in-Fact. with full po•.ver and authority, for and on behalf of the Company as surety, to make, execute., deliver. and seal, if a seal i>, rtnluired. bonds, undertakings, teco•arnz rnces, contract, of surely or other written oblieafious in the nature thereof, as follows: and to hind SECURITY INSURANCE COMPANY O HARTFORD thcrebv. The authority of th Anorney-in-Fact and the Liability of the Company shall not exLced one million two hundred fifty thousand dollars 61,250010.). The appointment is made under and by authority of Article IV of the By-laws of the Company, which Article is now in full force and effect and which states as billows: California Appointment ofAttomeys-in-Fact James R. Olsen The President orany Vice President shod! also have power and authority, from time totime, to appointone ormore attorneys -in -fact forthe purpose of exxuting and delivering, for and on behalf of the Company and as its act and deed, bonds, undertakings, recognizances, contracts of indemnity, and other instruments of writings of similar character, to prescribe the respective duties of such attorneys -in -fact and the respective limits of their authority and to revoke any such appointment at any time in his discretion. This Powerof Attorney -and any contract surety ship or other undertaking orany bond issued by any attorney -in -fact under this Power, ntaybe signed by faci mile signatw.' tinder and by the authority granted by the following resolution duly adopted by the Board of Directors of the Company at a meeting held on November 20, 1981: RESOLVED, 'Mat effective November 20. 1981, lxtnds, undertakings, recognizance:;, : ontracts of indemnity and other writings obligatory in the nature thereof sha!i be executed by the President or any Vice President and duly attested by any Secretary or any Assistant Secretary, or shall be si.-ned in the Company's behalf by an attorney -in -fact appointed by a power oi' attorney executed as provided by Article IV of the By -Laws of this Company. any of said officers or stwil attorneys -in -fact being authorized to affix the. Company's seat to any such instrument; and any Secretary or any Assistant Secretary is hereby authoriz.cd and empowered to certify under, the 'oampany's seal to a copy of any resolution, by-law, written instrument, power of attorney, list ,d officers, or financial statement of the Comp; n,v Tl;at may be approp!•!aw or required; and RESOLVED FURTH-EP, That any signature of any of said officers to any of dir 'vntten v;sttvments above re"erred to, inclutling powers of attorney and certifications and the sinatur,: of any attorney -in -fact acting under such power may be printed by facimile. In WITNESS N M-ME-GF, the said :'icz. President and the said Secretary have heretinto subscribed their names and affixed the corporate sca! of the said SECLiRiTY INSURANCE COMPANY OF HARTFORD this I St day of J y 199v Attest: � 1.610 " SECURITY INSURANCE COMPANY OF HARTFORD '44Y'': }tom `=A Svc Lary os Vice Preside r ' State of Connecticut County of Ilartford cn ' On this i day of ' .D. let _j' ; ,tK (c,re me, a Notary f';.bl.;,. in and tax said State ;!nd Coann, arr:t t!te ah sec nauned Vice- !"` 1'r .aenr :rod 5r::rtan'. , r.r :rs,tnali , k t r.yn ! , he the it ];v i:!vai, anti riff r-. T '} tc tee ,1,�.._tih rc,:�,, wy ckn;ry!..dged the er:=:t•.urion I?f the tom' ..: ih�-I! h: o . a a':d,1.:,•ti, rrxl b ilw by :a_ ;lu! j sw,.•. . I':ev di."• ,i. ,t:,:.,; .met ,ay t!.::t then .noy. :t,c ;arpor.tt,r .;ea1 of >aid Cump;my, that the >; al af.i>:cr! to th:: mr.l.-,:, t A a,'•x:•,•k!Icd by 0, " : xl the •,r f•tr. - . ,. aft ; ;r, r: ,r::..:., aft; 0w at'1-awity of the i;::ar. n{ Ili; etors of said Comp arty. .. • [firV. kwH 11 TESTIMON 'r WHURE0)1-. I have rnv ll tmfl ci id ,•,al do day and year first aho, ,: v r;It n. .M,'I,nitl;ihCN qr Chpl'e.0 t'ti't `.'i' PERFORMANCE BOND 26 :ALIFORNIA ALL-PURPOSE ACKNOWLEDUMEN No. s F1 F 7 State of California County of Los Angeles 6/23/93 Cn before me, DATE Debra L. Scalzo Notary Public NAME. TITLE OF OFFICER . E.G.. -JANE DOE, NOTARY PUBLIC - James R. Olsen personally appeared NAME(S) OF SIGNER(S) ❑ personally known to me - OR - [ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized J1994 capacity(ies), and that by his/her/their OFFICIAL SEALsignatures) on the instrument the person(s), DEBRA L SCALZNOTAARIYN BLIIAL �I�ONor the entity upon behalf of which the Los AN I S COUNpersons) acted, executed the instrument. "fnmissiw Expires June - WITNESS my hand and official seal. � OPTIONAL SECTION niiiiiiIriiiiill CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to 1111 In the date below, doing so may prove krveluabla to persons relying on the document. 0 INDIVIDUAL. 0 CORPORATE OFFICER(S) TITLE($) 0 PARTNER(S) [] LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) 0 GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Security Insurance 1 SAr, Company of Hartford SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT performance bond . F DOCUMENT DESCRIBED AT RIGHT: 6/23/93 NUMBER OF PAGES 5 DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this toms. SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Perk, CA 91309.718i I- r4 i + P s i Bond No. BDS 111417 Premium: $1,577.00 STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 Daktronicg II�c KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and Security Insurance Company of Hartford (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 (S92,742 .)OtGwfuL 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 Building outdoor message center at, City of Lubbock 11625 13t st. Lubbock, Tx 79401 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 code 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 ma rein in full force al effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the 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 U day of June , 19 93. itv Insura Surety * By: (Title ames 5n Attorney In Fact pany of Hartford BOND CHECK BEST RATING - LICENSED IN TEXAS DATE G -5e-9 By Daktronics, Inc. Principal_ /J By By: (Title) By: (Title) ** Note: Ninety two Thousand Seven Hundred forty two & 00/100xxxxxxxxx 28 r The undersigned surety company represents that it is duty qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices way be delivered and an whom service of process may be had in matters arising out of such suretyship. Security Insurance Compan of Hartford an 0 Hartford f WRETV Sure central Ev". Pim, TX 7W74 lk t (Titteibennis H. oore a a V j ttorney—in— act Approved as to Form c ! tLubbock By: City At orney • Note: I f signed by an officer of the Surety Company, there must be on file a certi f ied 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. "' Note: Per Obligee, Countersigner is a Dallas Resident Agent. r" 7 7 �9 CERTIFICATE OF INSURANCE 30 JUN 1 8 1993 PRODUCER ME.S a: F;i:IW INSURANCE SERV 350 NORTH CLARF::: STREET i_'H I C:Ai O IL 60610 INSURED DAI--;T RON I CS INC. F'.O. BOX 120 BROC1F: I NCS , SD 57006 AFrs O0,` INSURANCE DISP 05801 ISSUE DATE (MMIDD/YY) 0 C THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE LOMERNYA CONTINENTAL INSURANCE COMPANY B LETTER COMPANY G. LETTER COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE 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 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM1DDIYY) DATE (MM/DDlYY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG. $ CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY S OWNER'S 3 CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) S MED. EXPENSE (Any one person) S AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT s ALL OWNED AUTOS _. BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE 1I EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT s AND DISEASE —POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE s A OTHERDUILDL—R RISK' 560EF'c-)6111147293 119/29,192 119/29/93 *92, 742 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS THE: CER1 IF: I C:ATE. HOLDER IF) NAMED AS A LOSS PAYEE WITH RESPECTS `10 PlE .SSAGE: BOARD E?EINU INSTALLED AT THE MEMORIAL CIVIC CENTER TE t1OLDEFi GANGELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF LUBBOCK MAIL :30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LUE11-N71ak-. , TX LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25—S (7/90) • D CORPORATION 1990 JUN 1 5 1993 TO: CITY OF LUBBOCK Lubbock, Texas CERTIFICATE OF INSURANCE 331 THRITY—SECOND AVE DATE: 6 / 14 / 9 3 Type of Project: BOOKINGS, SD THIS IS TO CERTIFY THAT D A K T O N IC S , I N(lame and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the types of Insurance and in accordance with the provisions of the standard policies used by this Company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability -------------------------------------------------------------------------------------------------------------------- Workmen's 56W82906392 9/29/92 9/29/93 $5.00,000/500,000/ . Compensation 500,000 -------------------------------------------------------------------------------------------------------------------- Owner's Protec- Per Person $ tive or Contin- Per Occurrence $ gent Liability Property Damage $ Contractor's Per Person $ Protective or Per Occurrence $ Contingent Property Damage S Liability -------------------------------------------------------------------------------------------------------------------- Per Person S • Automobile CBP6118472 9/29/92 9/29/93 Per occurrence S 1,000,000 Property Damage S -------------------------------------------------------------------------------------------------------------------- comprehensive CBP6118472 9/29/92 9/29/93 General Liability : 1,000,000 -------------------------------------------------------------------------------------------------------------------- umbrella Liability CBP6118472 9/29/92 9/29/93 $ 10,000,000 The foregoing Policies X (do) (do not) cover all sub -contractors. Locations Covered LUBBOCK, TX MEMORIAL CIVIC CENTER DESCRIPTION of Operations Covered INSTALLATION OF MESSAGEBOARD The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal timme required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THIS CERTIFICATE RUST BE SENT To THE OWNER. NTINENTAL INSURANCE CO. (Name of insurer) JAMES STYER By: Title SENIOR VICE PRESIDENT 32 CONTRACT 34 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this S�aZ r%-9 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and DAKTRONICS. INCORPORATED of the City of Brookings, and the State of SOUTH DAKOTA, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID *12554 - MESSAGE CENTER FOR THE LUBBOCK MEMORIAL CIVIC CENTER - IN THE AMOUNT OF $92,742.00 and all extra work a in connection therewith, underthe terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have(executed this year and day first above written. ATTEST: Secrete y APPRMED AS TO CONTENT: 4 APPROVED AS TO FORM: A rP K rr ATTES r Corporate Secretary r Cl , Lubbock County, Texas in the > ER f r MAYLR - DAKTRONICS. INCORPORATED By: �� T LE: (/'� cam' l (,eel/yEi✓% COMPLETE ADDRESS: 35 t r GENERAL CONDITIONS OF THE AGREEMENT 38 GENERAL CONDITIONS OF THE AGREEMENT I. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: DAKTRONICS. INCORPORATED who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to Freddy Chavez, Operations end Engineering Supertintendent, 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 r� (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 Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 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 ell 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 f"+ performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due',Subcontractor. 7. WRITTEN NOTICE i 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 nQt8ce. r 3 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED r-- The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 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. H 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract 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 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. 41 14. r 16. 1 7 DIINER'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 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. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. F - 42 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and -- location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. ram. 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 shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall 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 as 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 law or the contract documents. 43 4. Samples: Submit samples of each sign component and material showing finishes, colors, surface texture. QUALITY ASSURANCE q Sian Company Qualifications: Sign Company shall have a minimum of five (5) years continuous experience and shall be an authorized representative of the sign and message center manufacturers. The company shall have completed installation of exterior signs similar in material, design, and extent to those indicated for the Project. Said signs shall have a record of successful in-service performance. The sign company shall be capable of providing replacement message center components within three working days of receipt of an order. UL and NEMA Compliance: Provide internal fluorescent light fixtures and electrical components required as part of the illuminated signs that are listed and labeled by UL and comply with applicable NEMA standards. Design Concept: The drawings indicate the size, profiles, and dimensional requirements of exterior sign and message center and are based on the specified type and model indicated. Signs by other r` manufacturers may be considered provided deviations in dimensions and profiles are minor and do not change the concept as judged by the .. Architect. The burden of proof of equality is on the proposer. DELIVERY AND HANDLING Delivery: Provide protective covering or crating as recommended by the r'" manufacturer to protect sign components and surfaces against damaged j during transportation and delivery. Handle signs carefully to prevent breakage, surface abrasion, denting, soiling, and other defects. Comply with the manufacturer's handling instructions for unloading components subject to damage. Inspect sign components for damage upon delivery. Do not install damaged sign components. Repair minor damage to signs, provided the finished repair is equal in all respects to the original work and is acceptable to the Architect; otherwise remove and replace damaged sign components. '17 r is 10436 - 2 11 SECTION 10436 - EXTERIOR SIGN AND MESSAGE CENTER PART 1GENERAL RELATED DOCUMENTS: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division-1 Specificationsections, apply to work specified in this section. DESCRIPTION OF WORK: Extent of exterior sign and message center is shown on drawings. Components required include the following: Double face internally illuminated exterior sign. Double face 2-line (minimum) full matrix lightbulb message center. Steel support poles with metal covers, reveals and accents. Electrical service and connections for illuminated signs and message centers is specified in Division-16. SYSTEMS PERFORMANCE REQUIREMENTS: Design Criteria: Design, fabricate and install exterior signs and sign components to withstand a wind pressure of 110 mph on the total sign area in all directions. SUBMITTALS: General: Submit the following in accordance with conditions of the Contract and Division 1 Specification Sections. Product ate: Include manufacturer's construction details relative to materials, dimensions of individual components, profiles, and finishes for each type of sign required. Provide manufacturer's recommendations for maintenance and cleaning requirements for exterior sign surfaces. Provide technical data and installation instructions for computer equipment and software packages. Shoa Drawings: Submit shop drawings for fabrication and erection of each sign and sign component. Include plans, elevations and not less than 3/4" inch scale sections of typical members and other components including details of sign wording and lettering layout. Show anchors, reinforcement, accessories, layout, and installation details. Indicate required location of connections to electrical service provided as a unit of work under other sections. Furnish wiring diagrams for internally illuminated sign units. 10436 - 1 I� 4 , DEMOLITION: Perform selective demolition o► A in a systematic manner. Use such methods as required to complete work indicated on Drawings in accordance with l demolition schedule and governing regulations. Demolish concrete and masonry in small sections. Cut concrete and masonry at junctures with construction to remain using power'driven drilling machine or hand tools; do not use power -driven impact tools. Locate demolition equipment throughout structure and promptly remove debris to avoid imposing excessive loads on supporting walls, floors or framing. i; For interior slabs on grade, use removal methods that will not crack or F ' structurally disturb adjacent slabs or partitions. Use power saw where possible. Completely fill below -grade areas and voids resulting from demolition work. Provide fill consisting of approved earth, gravel or sand, free r, of trash and debris, stones over 6" diameter, roots or other organic i matter. If unanticipated mechanical, electrical or structural elements which conflict with intended function or design are encountered, investigate and measure both nature and extent of the conflict. Submit report to Owner's Representative in written, accurate detail. Pending receipt of directive from Owner's Representative rearrange selective demolition schedule as necessary to continue overall job progress without delay. DISPOSAL OF DEMOLISHED MATERIALS: Remove debris, rubbish and other materials resulting from demolition operations from site. Transport and legally dispose of materials off site. CLEANUP AND REPAIR - Upon completion of demolition work, remove tools, equipment and demolished materials from site. Remove protections and leave interior areas broom clean. Repair demolition performed in excess of that required. Return structures and surfaces to remain to condition existing prior to commencement of selective 'I demolition work. Repair adjacent construction or surfaces soiled or damaged by selective demolition work. END OF SECTION 02070 02070 - 4 7 r remain, keep in service, and protect against damage during demolition operations. Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, c as acceptable to governing authorities. PART 2 - PRODUCTS (Not Applicable). PART 3 - EXECUTION INSPECTION: Prior to commencement of selective demolition work, inspect areas in which work will be performed. Photograph existing conditions to structure surfaces, equipment or to surrounding properties which could be misconstrued as damage resulting from selective demolition work; file with Owner's Representative prior to starting work. PREPARATION: Provide interior and exterior shoring, bracing, or support to prevent movement, settlement or collapse of structures to be demolished and adjacent facilities to remain. Cease operations and notify the Owner's Representative immediately if safety of structure appears to be endangered. Take precautions to support structure until determination is made for continuing operations. Cover and protect equipment and fixtures to remain from soiling or damage when demolition work is performed in rooms or areas from which such items have not been removed. Erect and maintain dust'proof barriers and closures as required to prevent spread of dust or fumes to existing equipment and electrical panels. Provide weatherproof closures for exterior openings resulting from demolition work. Locate, identify, stub off and disconnect utility services that are not indicated to remain. Provide by pass connections as necessary to maintain continuity of service to occupied areas of building. Provide minimum of 72 hours advance notice to Owner if shut -down of service is necessary during change -over. 02070 - -3 GrW in manner that will minimize need for disruption of Owner's normal operations. Provide minimum of 72 hours advance notice to Owner of demolition activities which will severely impact Owner's normal operations. Condition of Structures: Owner assumes no responsibility for actual condition of structures where selective demolition operations are to be conducted. Conditions existing at time of commencement of contract will be maintained by Owner insofar as practicable. However, variations within structure may occur by Owner's removal and salvage operations prior to start of demolition work. Protections: Provide temporary barricades and other forms of protection as required to protect Owner's personnel and general public from injury due to selective demolition work. Provide protective measures as required to provide free and safe passage of Owner's personnel and general public to and from occupied portions of the site. Provide interior and exterior shoring, bracing, or support to prevent movement, settlement, or collapse of structure or element to be demolished, and adjacent facilities or work to remain. Protect from damage existing finish work that is to remain in place and becomes exposed during demolition operations. Provide temporary weather protection during interval between demolition and removal of existing construction on exterior surfaces, and installation of new construction to insure that no water leakage or damage occurs to structure or interior areas of existing building. Remove protections at completion of work. Damages: Promptly repair damages caused to adjacent facilities by demolition work at no cost to Owner. Traffic: Conduct selective demolition operations and debris removal in a manner to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close, block or otherwise obstruct streets, walks or other occupied or used facilities without written permission from authorities i having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. Explosives: Use of explosives will not be permitted. Utility Services: Maintain existing utilities indicated to w 02070 - 2 SECTION 02070 - SELECTIVE DEMOLITION PART 1 - GENERAL RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and �= Supplementary Conditions and Division-1 Specification sections, apply to work of this section. ESCRIPTION OF WORK: The extent of demolition work is shown on drawings. Types of Selective Demolition Work: Demolition requires the selective removal and subsequent offsite disposal of the following: Portions of existing mechanical room, fountain and planter structure indicated on drawings and as required to accommodate new construction. Existing plants and/or shrubs located inside planter structure which conflict with new construction. Cutting of concrete walls for underground piping, and for above grade piping and conduit is included with the work of the respective electrical Division 16 specification sections. Related work specified elsewhere: Relocation of pipes, conduits, ducts, other mechanical and electrical work are specified by respective trades. SUBMITTALS: Schedule: Submit schedule indicating proposed methods and sequence of operations for selective demolition work to Owner's Representative for review prior to commencement of work. Include coordination for shut-off, capping, and continuation of utility services as required, together with details for dust and noise control protection. Provide detailed sequence of demolition and removal work to ensure uninterrupted progress of Owner's on -site operations. JOB CONDITIONS: Occupancy: Owner will be continuously occupying areas of the site immediately adjacent to areas of selective demolition. Conduct selective demolition work 02070 - 1 No Text SPECIFICATIONS 58 i P EXHIBIT C Electric Construction Trades - Prevailing Wage Rates .�+ Craft IL Power Line Foreman Lineman Journeyman Lineman Apprentice Series Groundman Series Hourly Rate $11.00 10.45 8.90 7.25 EXHIBIT D Prevailing Wage Rates , Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. I EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is.l 1/2 times base rate. `V EXHIBIT B Paving and Highway Construction �- Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman $5.25 Asphalt Shoveler 4.75 Concrete Finisher 7.35 Concrete Finisher -Helper 4.75 Electrician 10.50 Flagger 4.75 r- Form Setter 6.50 Form Setter -Helper 5.50 Laborer, General 4.75 Laborer, Utility 5.80 Mechanic 6.50 Mechanic -Helper 6.00 POWER EQUIPMENT OPERATORS - ' Asphalt Paving Machine 6.00 _ Bulldozer 5.25 Concrete Paving Machinist 6.50 Front End Loader 5.85 Heavy Equipment Operator 6.40 Light Equipment Operator 6.40 Motor Grade Operator 8.00 Roller 5.25 Scraper 5.25 Tractor 5.50 Truck Driver - Light 5.25 Heavy 5.25 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator - Heavy Light Floor Installer Glazier Insulator, Piping/Boiler Insulator -Helper Iron Worker Laborer, General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder - Certified Hourly Rate $11.60 8.35 5.50 10.50 5.00 11.00 5.50 7.35 8.70 10.50 5.25 8.00 5.70 8.00 7.50 9.50 5.00 7.30 4.75 5.60 8.75 9.25 6.00 7.65 4.75 8.75 5.50 8.00 , Resolution #2502 January 8, 1987 ^- Agenda Item #18 DGV:da 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 WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: 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 Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of Ranettd,,-Boyd, City Secretary January , 1987. B.C. McMINN, MAYOR APPROVED T NTENT: APPROVED AS TO FORM: Bi 1 P yne, 0 rector of Building Donald G. Vandiver, First Services Assistant City Attorney CURRENT WAGE DETERMINATIONS 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 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed 525,000.00, 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. SPECIAL CONDITIONS in the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shell 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 room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55 (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 shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as 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, shalt 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 terns 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, toots, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property 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) r 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 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. 51. ABANDONMENT BY OWNER 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 wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of 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 r 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. 54 r 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) 4 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 a.+ Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any t papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Porte 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 end 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 i 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 0 0) 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 York, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. 4 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 tabor, 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 r ! have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been �., payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or �^ 53 I. - 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished wider 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 1 specifications made a part of this contract. 45. 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 materiels 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. 46. 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. 47. 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 shalt be made for amounts withheld because of them. 48. 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 pe contract documents. at Ir` 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 materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 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 r. Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection f with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there a are no outstanding liens against owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner 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 duo 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. r, - L51 36. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this Locality, and has considered the liquidated damage provisions of, paragraph 33 hereinabove set forth and that he shall not be entitled to, not 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, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall 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 granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the owner or owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown 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 l The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the 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. 50 The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though r` 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 owner may withhold permanently from Contractor's total compensation, the sum of 5100.00 (One Hundred Dollars) PER DAY, not as a penalty, but as liquidated damages 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. r. 49 (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 wilt be acceptable. 29. 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 terms, conditions, and priviliges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALKEN, AND FURNISHERS OF MACHINERY. EQUIPMENT 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 shell furnish satisfactory evidence that ell 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. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shell 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 shalt defend all such suits and claims and shall be responsible for all such toss 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 shell be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner 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 shalt bear sit costs arising therefrom. 48 T` t r B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property Damage. r, C. Comprehensive Automobile Liability Insurance The Contractor shall 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 Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of insurance. 0. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 0 00% of potential loss) 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 General 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 shall submit to the Owner for fo" approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. ,.. 47 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 sit 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 attorneys 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. 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 shalt 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 The contractor shall have Comprehensive General Liability Insurance with limits of 9300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and Operations Explosion It 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 additionat insured on this policy for this specific Job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. 46 71 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. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate 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 shalt 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 suns 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 MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the 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. r"- .. 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 ail such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which faits to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shalt 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. 22. DEFECTS AND THEIR REMEDIES 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 shalt, 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 as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the owner may see fit, in the Line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the _ accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Mork. In case the Owner shalt make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shalt recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, 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 all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the ' compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shalt be paid the actual field cost of the work, plus fifteen (15%) per cent. 44 WARRANTY Plexiglass Sign Panel Warranty: Submit a written warranty signed by the sign company and the manufacturer agreeing to repair or replace ? plexiglass panels that fail due to coating degradation, Chalking, fading, or plexiglass delamination or cracking. r Warranty Period: 5 years. Message Center Warranty: Submit a written warranty signed by the sign r" company and the manufacturer agreeing to repair or replace all'`, message center sign components (excluding lamps), computer equipment and accessories. Warranty Period: 3 years. Message Center Lamp Warranty: Written warranty shall include the E replacement of all electric lamps which burnout or show defects of any type during the warranty period. Warranty Period: I years PART 2 - PRODUCTS DOUBLE FACE INTERNALLY ILLUMINATED EXTERIOR SIGN: General: Fabricate sign to comply with the requirements indicated for materials, thicknesses, finishes, colors, designs, shapes, sizes and details of construction. Sign Cabinet: Fabricate from 20 gauge galvanized metal (paintgrip), primed and painted with two coats of DuPont Imron Paint,or approved equal. Color shall be matt black as approved by Architect. r. Sign Face: Formed and embossed black plexiglass face with 3/80, deep (minimum) white embossed capital letters. Colors shall be approved by Architect from samples. Provide plexiglass, in sizes and thicknesses indicated, andif not indicated as recommended by sign manufacturer, but not less'than 1/80 in thickness. Fasteners: Unless otherwise indicated, use concealed, fasteners fabricated from metals that are non -corrosive to either the 'sign material or the mounting surface. Anchors andInserts: Use non-ferrous metal or hot -dipped galvanized anchors and inserts for exterior installations and elsewhere as required for corrosion resistance. Use toothed steel or lead expansion bolt devices for drilled -in -place anchors. Furnish inserts, as required, to be set into concrete or masonry work. 10436 - 3 .r Illumination: Provide internal illumination as indicated using standard lighting components. Provide an accessible concealed internally wired fluorescent strip fixture system to,illuminate message panels uniformly with minimum halation and without light leaks. Provide access door, or panels or other acceptable provisions for servicing electrical components. Conceal all connections to electric service. Coordinate electrical characteristics with those of the power supply provided. Fluorescent Lamas: Provide high output daylight white lamps indicated or required by the sign panel size. A minimum of twelve (12) 72" long fluorescent lamps will be provided. Ballasts: Provide low -temperature, high -power -factor, low -energy, exterior -type fluorescent lamp ballasts that comply with Certificated Ballast Manufacturers Association standards and carry the CBM label. Accessories: Provide transformer, insulators, and other components necessary for operation. Lighting Photo/Time Control Center: Fluorescent lighting shall be furnished with a photo/time control unit, equal to, Tork Model No. T-930L, in NEMA 3R surface enclosure. Provide with lighting contactor if required. DOUBLE FACE 2'LINE FULL MATRIX LIGHTBULB MESSAGE CENTER: General: Provide and install as a component of the exterior sign a complete message center system equal to, Time-O-Matic,Inc. Model 7000, Double Face, 2048 Lamps Per Face (minimum 12"character height), 2-Line Full Matrix Lightbulb Message Center with Supergraphic 2500 Computer System and EasyFonts and EasyArt Graphics Programs. Technical Assistance: Final electrical connections and placement of message center in operation will be performed by the message center manufacturer's personnel. The technician will instruct the Owner and his designated representatives in the complete operation of the system including graphics programming and maintenance procedures. The Owner will receive a minimum of 8 hours of detailed instruction. r Message Center Cabinet Manufacturer's standard 2'-11" high x 19'-8" long, weatherproof metal cabinet for "pole -through" mounting. Color shall be matt black as approved by Architect. Message Center Sian Face Manufacturer's standard damage resistant Louvered Koolshade sunscreen for improved daylight viewing. 10436 - 4 i Illumination: Message center sign will be completely lamped with new (unused) lightbulbs. Provide manufacturer's standard miniature 5 watt bulbs set in highly reflected parabolic sockets. Minimum of 2048 lamps per sign face shall allow for sign displays in multiple character styles, pictorials, scroll up and down, curtaining and special effects. Make provisions for servicing and concealed connection to electric service. Power requirements shall be 90.0 amp, 3 wire, 230 volt service. Coordinate electrical characteristics with those of the power supply provided. Sensors: Provide standard integral light sensor which automatically dims lamps during nighttime use. Continuous Voltage Feature: Provide electrical system which will maintain a continuous voltage to "off" lamps for extended lamp life. Accessories: Provide manufacturer's standard battery backup, cooling fans, photocell, transformer, insulators, and other components necessary for full operation. me And Temperature Feature: Provide manufacturer's standard time and temperature cable/sensor and related components. IBM PC Computer System: Manufacturer's standard computer complete with high -resolution color monitor, keyboard and mouse. Coordinate computer hardware (RAM, memory, resident programs, etc.) with graphics programing requirements. Graphics Programs: Provide graphics programs (software) designed specifically for use with message center sign size and type. Graphics programs shall provide the following: User Programming: System to allow for easy creation of messages i and graphics by Owner. - Fonts: Minimum of 16 alphabets with different lettering styles, a including "news wire" look. Graphics: Minimum of 100 graphic art designs with still or full animation capabilities. Graphics program will allow for mixing of fonts and graphics with full animation to include flashing, scroll up and down, curtaining, sweeps, skywriting, etc. r` Memory: Capability to store and schedule messages days, weeks and months in advance. 10436 - 5 EXTERIOR SIGN POLES AND COVERS: General: Fabricate sign to comply with the requirements indicated for materials, thicknesses, finishes, colors, designs, shapes, sizes and details of construction. Produce smooth, even, level sign cover and panel surfaces, constructed to remain flat under installed condition within a tolerance of plus or minus 1/16" measured diagonally from corner to corner. Metal Pole Covers. Reveals and Accents: Fabricate from 20 gauge galvanized metal (paint grip), primed and painted with two coats of DuPont Imron Paint, or approved equal. Color shall be light metallic bronze as approved by Architect. Fasteners: Unless otherwise fabricated from metals that are material or the mounting surface. indicated, use concealed fasteners non -corrosive to either the sign Anchors andInserts: Use non-ferrous metal or hot -dipped galvanized anchors and inserts for exterior installations and elsewhere as required for corrosion resistance. Use toothed steel or lead expansion bolt devices for drilled-in-placeanchors. Furnish inserts, as required, to be set into concrete or masonry work. Poles: ASTM A 53; 10" round steel pipe, type and grade as selected by fabricator and as required for design loading; standard weight (schedule 40), unless otherwise indicated. Concrete: Provide concrete for pole holes consisting of Portland cement complying with ASTM C 150, aggregates complying with ASTMC 33, and clean water. Mix the materials to obtain concrete with a minimum 28-day compressive strength of 2500 psi. Use at least 4 sacks of cement per cubic yard, 1-inch maximum size aggregate, maximum 3-inch slump, and 2 to 4 percent entrained air. FABRICATION General: Fabricate sign in strict accordance with approved shop drawings. Coordinate sign and message center components with double pole support system. Allow for thermal movement resulting from a maximum ambient temperature change (range) of 100 deg F (55.5 deg Q . Design, fabricate, and install pole sign assemblies to prevent buckling, opening up of joints, and overstressing welds and fasteners. Base design on actual surface temperatures of metal due to both solar heat gain and nighttime sky heat loss. 10436 - 6 I Melded Connections: Comply with AWS for recommended practices in shop welding. Provide welds behind finished surfaces without distortion or discoloration of the exposed side. Clean exposed welded surfaces of welding flux dress on all exposed and contract surfaces. Mill Joints to a tight, hairline fit. Form joints exposed to the weather to exclude water penetration. Preassemble sign components in the shop to the greatest extent possible to minimize field assembly. Disassemble signs only as necessary for shipping and handling limitations. Clearly mark units for reassembly and installation, in a location not exposed to view after final assembly. Conceal fasteners where possible; otherwise locate fasteners where they will be inconspicuous. Poles: Fabricate poles to lengths required for mounting method indicated. Direct Burial: For permanent sign installation, provide poles 8'-0" longer than height of sign indicated to permit direct embedment in concrete foundations. PART 3 - EXECUTION INSTALLATION: General: Locate sign units and accessories where shown or scheduled, using mounting methods of type described and incompliance with the manufacturer's instructions. Preparation: Provide measures to protect existing tile planter and adjacent concrete walks and surfaces. Excavation: In firm undisturbed or compacted soil, drill or hand - excavate holes for each post to the minimum diameter recommended by the sign manufacturer, but not less than 4 times the largest post cross- section. Setting Poles: Center and align poles in holes 3 inches above bottom of the excavation. Protect existing planter and portion of poles above ground from concrete splatter. Place concrete around poles and vibrate or tamp for consolidation. Check each pole for vertical and top alignment and hold in position until concrete has achieved its initial set. 10436 - 7 Install Lign units level, plumb and at the height indicated, with sign surfaces free from distortion or other defects in of appearance. Make final electrical connections and test complete system for proper operation. Final testing shall include nighttime operation of photocells and dimming equipment. LEA ANING: At completion of the installation, clean soiled sign surfaces in accordance with the manufacturer's instructions. Clean existing planter and project site (adjacent lawns and ground) of all construction debris. Sweep existing walks and repair all areas damaged by vehicle traffic or other construction operations. PROTECTION: Protect sign and all components from damage until acceptance by the Owner. END OF SECTION 10440 10436 - 8 r SECTION 16010 - ELECTRICAL REQUIREMENTS PART 1 - GENERAL SPECIAL NOTE: The Electrical Plans and Specifications, including the supplements issued thereto, Information to Bidders, and other pertinent documents issued by the Engineer, are a part of these specifications and shall be complied with in every respect. All the above is included herewith, will be issued separately or is on file at the Engineer's office, and shall be examined by all bidders. Failure to comply shall not relieve the Contractor of responsibility or be used as a basis for additional compensation due to omission of drawings. CHECKING DOCUMENTS: The drawings and the specifications are numbered consecutively. The Contractor shall check the drawings and specifications thoroughly and shall notify the Engineer of any discrepancies or omissions of sheets or pages. Upon r" notification, the Engineer will promptly provide the Contractor with any missing portions of the drawings or specifications. No discrepancies or omissions of sheets or pages of the contract documents will relieve the n Contractor of his duty to provide all work required by the complete contract documents. GENERAL: In general, the services to be installed under these specifications shall be run as indicated, as specified herein, as required by particular conditions at the site, and as required to conform to the generally accepted standards as to complete the work in a neat and satisfactorily workable manner. Conduits and raceways shall be run exposed in machinery and equipment spaces. All other conduits shall be concealed unless noted otherwise. r., All conduits in any space where they are exposed shall run parallel with the building walls. They shall enter the concealed areas perpendicular with the walls, ceilings or floors. Fittings shall be used where necessary to comply with this requirement. The Contractor shall thoroughly acquaint himself with the details of the construction and finishes before submitting his bid as no allowances will be made because of the Contractor's unfamiliarity with these details. 16010 - 1 W. The electrical plans do not give exact details as to elevations of conduits, exact locations, etc., and do not show all the off sets, control lines, pilot lines and other installation details. The Contractor shall carefully lay out his work at the site to conform to the architectural and structural conditions, to provide proper grading of lines, to avoid all obstruction, to conform to details of installation supplied by the manufacturers of the equipment to be installed, and thereby to provide an integrated, satisfactorily operating installation. The electrical plans show diagrammatically the locations of the various r- electrical outlets and apparatus and the method of circuiting and controlling them. Exact locations of these outlets and apparatus shall be determined by reference to the general plans and to all detail drawings, equipment drawings, roughing -in drawings, etc., by measurements at the building, and in cooperation with other sections, and in all cases shall be subject to the approval of the Engineer. The Engineer reserves the right to make any reasonable change in location of any outlet or apparatus before installation (within 10 feet of location shown on drawings) or after installation if an obvious conflict exists, without additional cost to the Owner. The Contractor shall be responsible for the proper fitting of his material and apparatus into the space. Should the particular equipment which any bidder proposes to install require other space conditions than those indicated on the drawings, he shall arrange for such space with the Engineer before submitting his bid. Should changes become necessary on account of failure to comply with _ this clause, the Contractor shall make such necessary changes at his (the Contractor's) own expense. The Contractor shall submit working scale drawings of all his apparatus and equipment which in any way varies from these specifications and plans, which shall. be checked by the Engineer before the work is started, and interferences with the structural conditions shall be corrected by the Contractor before the work proceeds. Exceptions and inconsistencies in plans and specifications shall be brought to the Engineer's attention before the contract is signed.Otherwise, the Contractor shall be responsible for any and all changes and additions that may be necessary to accommodate his particular apparatus, material, or equipment. The Contractor shall distinctly understand that the work described herein and shown on the accompanying drawings shall result in a finished and working job, and any item required to accomplish this intent shall be included whether specifically mentioned or not. 16010 - 2 DIMENSIONS: Before ordering any material or doing any work, the Contractor shall verify all dimensions, including elevations, and shall be responsible for the correctness of the same. No extra charge or compensation will be allowed on r" account of differences between actual dimensions and measurements indicated on the drawings. Any difference which may be found shall be submitted to the Engineer for consideration before proceeding with the work. INSPECTION OF SITE: The accompanying plans do not indicate completely the existing conditions. The bidders for the work under these sections of the specifications shall inspect the existing installations and thoroughly acquaint themselves with conditions to be met and the work to be accomplished in removing and modifying the existing work, and in installing the new work in the present building. Failure to comply with this shall not constitute grounds for any additional payments in connection with removing or modifying any part of the existing installations and/or installing any new work. PROGRESS OF WORK: r The Contractor shall keep himself fully informed as to the progress of the work and do his work at the proper time without waiting for notification from the Engineer or Owner. MANUFACTURER'S DIRECTIONS: r.. All manufactured articles shall be applied, installed and handled as recommended by the manufacturer. 14ATERIALS AND WORKMANSHIP: All materials shall be new unless otherwise specified and of the quality specified. Materials shall be free from defects. All materials of a type for r- which the Underwriters Laboratories, Inc. have established a standard shall be listed by the Underwriters Laboratories, Inc. and shall bear their label. If the product does not bear the UL label, the manufacturer shall submit r documentation from an independent testing laboratory, suitable to the authority having jurisdiction, which shall provide evidence that the productis suitable for the installation. Wherever the make of material or apparatus required is not definitely specified, the Contractor shall submit a sample to theEngineer before proceeding. T. The Contractor shall be responsible for transportation of his materials to and on the job, and shall be responsible for the storage and protection of these 16010 - 3 materials and work until the final acceptance of the job. The Contractor shall furnish all necessary scaffolding, tackle, tools and appurtenances of all kinds, and all labor required for the safe and expeditious execution of his contract. The workmanship shall in all respects be of the highest grade and all construction shall be done according to the best practice of the trade. SUBSTITUTION OF MATERIAL: Where a definite material or only one manufacturer's name is mentioned in these specifications, it has been done in order to establish a standard. The product of the particular manufacturer mentioned is of satisfactory construction and any substitution must be of quality as good as or better than the named article. No substitution shall be made without review by the Engineer, who will be the sole judge of equality. Within 10 days of being awarded the Contract for any section or sections of the work under this heading, the Contractor shall submit for approval a complete list of the materials he proposes to use. This list shall give manufacturers' names and designations corresponding to each and every item and the submission shall be accompanied by complete descriptive literature and/or any supplementary data, drawings, etc., necessary to give full and complete details. If the material is not submitted within 30 days of the contract signing, the Contractor shall furnish the specified materials. Should a substitution be accepted under the provisions of the conditions of these specifications, and should this substitute prove to be defective or otherwise unsatisfactory for the service for which it is intended within the guarantee period, the Contractor who originally requested the substitution shall replace the substitute material with the specified material. Where required in the specifications, submit a sample of the proposed substitution for consideration prior to bidding. SHOP DRAWINGS: Wherever shop drawings are called for in these specifications, they shall be furnished by the Contractor for the work involved after review by the Engineer as to the make and type of material and insufficient time so that no delay or changes will be caused. This is done in order to facilitate progress on the job and failure on the part of the Contractor to comply shall render him liable to stand the expense of any and all delays, changes in construction, etc., occasioned by his failure to provide the necessary details. Also, if the Contractor fails to comply with this provision, the Engineer reserves the right to go directly to the manufacturer he selects and secure any details he might deem necessary and should there be any charges in connection with this, they shall be borne by the Contractor. 16010 - 4 a r■- Shop drawings will be reviewed by the Engineer for general compliance with the r„ design concept of the project and general compliance with the information t given in the contract documents. Review by the Engineer and any action',by the Engineer in marking shop drawings is subject to the requirements of the:entire contract documents. Contractor will be held responsible for quantities, r dimensions which shall be confirmed and correlated at the job'1 site, fabrication processes and techniques of construction, coordinationof all trades and the satisfactory performance of his work. Shop drawings submitted shall not consist of manufacturers' catalogues or tear sheets therefrom that contain no indication of the exact item offered. Rather, the submission of individual items shall designate the exactitem offered and shall clearly identify the item with the project. All shop drawings shall be submitted at one time and shall consist of a bound catalogue of all shop drawings under each section, properly indexed and certified that they have been checked by the Contractor. �., The omissions of any material from the shop drawings which has been shown on the contract drawings or specified, even though reviewed by the Engineer, shall not relieve the Contractor from furnishing and erecting same. PROTECTION OF APPARATUS: - The Contractor shall at all times take such precautions as may be necessary to properly protect his new apparatus from damage. This shall include' the erection of all required temporary shelters to adequately protect any apparatus stored in the open on the site, the cribbing of any apparatus above the floor of the construction, and the covering of apparatus in the incompleted building with tarpaulins or other protective covering. Failure on the part of the Contractor to comply with the above to the entire satisfaction of the Engineer will be sufficient cause for the rejection of the pieces of apparatus in question. PERMITS. FEES, ETC: The Contractor under each sectio permit from the local authority. fees or other fees and charges specifications. TESTING: n of these specifications shall arrange for a The Contractor shall pay for any inspection required by ordinance, law, codes and these r^ The Contractor under each division shall at his own various tests as specified and required by the Engineer State and local authorities. The Contractor shall �., materials necessary for making tests. ,, 16010 - 5 expense perform the and as required by the furnish all fuel and I - LAWS. CODES AND ORDINANCES: All work shall be executed in strict accordance with all local, state and national codes, ordinances and regulations governing the particular class of work involved, as interpreted by the inspecting authority. The Contractor shall be responsible for the final execution of the work under this heading to suit those requirements. Where these specifications and the accompanying drawings conflict with these requirements, the Contractor shall report the matter to the Engineer, shall prepare any supplemental drawings required illustrating how the work may be installed so as to comply and, on approval, make the changes at no cost to the Owner. On completion of the various portions of the work the installation shall be tested by the constituted authorities, approved and, on completion of the work, the Contractor shall obtain and deliver to the Owner a final certificate of. acceptance. All material shall be U.L. labeled. TERMINOLOGY: Whenever the words "furnish"., "provide", "furnish and install, "provide and install", and/or similar phrases occur, it is the intent that the materials and equipment described be furnished, installed and connected under this Division of the Specifications, complete for operation unless specifically noted to the contrary. Where a material is described in detail, listed by catalogue number or otherwise called for, it shall be the Contractor's responsibility to furnish and install the material. The use of the word "shall" conveys a mandatory condition to the contract. "This section" always refers to the section in which the statementoccurs. "The project" includes all work in progress during the construction period. In describing the various items of equipment, in general, each item will be described singularly, even though there may be a multiplicity of identical or similar items. COOPERATION AND CLEANING UP: The contractor for the work under each section of these specifications shall coordinate his work with the work described in all other sections of the specifications to the end that, as a whole, the job shall be a finished one of its kind, and shall carry on his work in such a manner that none of the work under any section of these specifications shall be handicapped, hindered or delayed at any time. 16010 -6 7" At all times during the progress of the work, the Contractor shall keep the premises clean and free of unnecessary materials and debris. The Contractor shall, on direction at any time from the Engineer, clear any designated areas or area of materials and debris. On completion of any portion of the work, the Contractor shall remove from the premises all tools and machinery and all debris occasioned by the work, leaving the premises free of all obstructions r and hindrances. COORDINATION OF TRADES: The Contractor shall be responsible for resolving all coordination required between trades. All items specified under Divisions 16 shall be installed tight, plumb, level, square and symmetrically placed in relation to the work of other trades. CUTTING AND PATCHING: The Contractor for work specified under each section shall perform all ., structural and general construction modifications and cut all openings through either roof, walls, floors or ceilings required to install all work specified under that section or to repair any defects that appear up to the expiration of the guarantee. All of this cutting shall be done under the supervision of the Engineer and the Contractor shall exercise due diligence to avoid cutting openings larger than required or in wrong locations. Verify the scope of,;this work at the site and in cooperation with all other trades before bidding. No cutting shall be done to any of the structural members that would tend to lessen their strength, unless specific permission is granted by the Engineer to do such cutting. The Contractor for work under each section shall be responsible for the patching of all openings cut to install the work covered by that section` and to repair the damage resulting from the failure of any part of the work installed hereunder. Before bidding, the Contractor shall review and coordinate the cuttingand patching required under the respective section with all trades. In all spaces where new work under Division 16 is installed and no other alteration or refinishing work is shown or called for, existing floors, walls and ceilings shall be restored to match existing conditions. All cutting and patching shall be done by workmen skilled in the affected trade. !� Where openings are cut through masonry walls, the Contractor under each respective section shall provide and install lintels or other structural supports to protect the remaining masonry and adequate support shall be �., provided during the cutting operation to prevent any damage to the masonry occasioned by the operation. All structural members, supports, etc. shall'be of the size, shape, and installed as directed by the Engineer. 16010 - 7 P" PAINTING: Painting shall be done by the Contractor under each section as follows: If the factory finish on any apparatus or equipment is marred, it shall be touched up and then given one coat of half -flat -half -enamel, followed by a coat of machinery enamel of a color to match the original. Paint factory primed surfaces. Generally, painting is required on all surfaces such that no exposed bare metal or insulation surface is visible.8 SCHEDULE OF WORK: The work under the various sections mus executing the work work at such times dates, and to avoid INSTALLATION DRAWINGS: t It shall be incumbent upon the Contractor to prepare special drawings as called for elsewhere herein or as directed by the Engineer to coordinate the work under each section, to illustrate changes in his work, to facilitate its concealment in finished spaces to avoid obstructions or to illustrate the adaptability of any item of equipment which he proposes to use. These drawings shall be used in the field for the actual installation of the work. Unless otherwise directed, they shall not be submitted for approval but three copies shall be provided to the Engineer for his information. ROUGH -IN AND MAKE FINAL CONNECTION FOR EQUIPMENT: The shop drawings for all equipment are hereby made a part of the sespecifications. The Contractor under each section of the specifications shall rough -in for the exact item to be furnished on the job, whether in another section of the specifications or by the Owner. The Contractor shall refer to all drawings and other sections of the specifications for the scope of work involved for the new equipment, and by actual site examination determine the scope of the required equipment connections for the Owner furnished equipment. Should any of the equipment furnished require connections of a nature different from that shown on the drawings, report the matter to the Engineer and finally connect as directed by the Engineer. Should any shop drawings not be available for equipment furnished under other contracts or by the Owner, the Contractor under each contracts or by specifications shall bid the work as detailed on the drawings. 16010 - 8 Minor differences in the equipment furnished and that indicated on the drawings will not constitute ground for additional payment to the Contractor. GUARANTEE: Unless a longer guarantee is hereinafter called for, all work, material and .- equipment items shall be guaranteed for a period of one year after acceptance by the Owner. All defects in labor and materials occurring during this period, as determined by the Engineer, shall be repaired and/or replaced to the complete satisfaction of the Engineer. Guarantee shall be in writing and in triplicate. CONTRACTOR'S RESPONSIBILITY FOR FINAL INSPECTION: Before calling for the final inspection, the Contractor under each Division shall carefully inspect his work to be sure it is complete and according to �.. plans and specifications. 16010 - 9 r- SECTION 16100 - ELECTRICAL PART 1 - GENERAL NOTE: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. SUBMITTALS: Submit manufacturer's data on all materials. SCOPE: The work shall include furnishing and installing all electrical work, including final connections to all devices and placing them in service. SERVICE CONNECTIONS: Furnish and install service entrance conductors in conduit from the building, underground to the transformer assembly. Leave sufficient slack in the conductors at the transformer to facilitate connections by the Power Company. METERING: All metering for Power Company billing will be done by metering equipment furnished and installed by the Power Company in the pad - mounted transformer housing. r^ CONDUITS: Underground Plastic Conduit: Type 40, heavy wall, high impact rigid virgin polyvinyl chloride (PVC) conduit and fittings, conforming to NEMA +^ Publications TC2 and TO and UL listed for direct burial use; Carlon or equivalent. r„ Rigid Steel Conduit: Rigid, threaded, thick -wall; galvanized inside and outside or galvanized outside with a protective coating inside; UL listed and labeled according to Standard UL6; conforming to ANSI Standard C80.1; Pittsburg, Republic Steel, Robroy or Allied. Electrical Metallic Tubing (EMT): Steel tubing, galvanized outside and provided with a slick corrosion resistant interior coating; UL listed ,- and labeled according to Standard 797; conforming to ANSI Standard C80.3; Pittsburg, Republic Steel, Robroy or Allied. 16100 - 1 Liguidtight Flexible Metal Conduit: Spirally wound, galvanized steel strips, as for flexible metal conduit; with polyvinyl chloride cover extruded over the exterior to make conduit liquidtight; UL listed; Electri-flex type "LA" or equivalent. CONDUIT FITTINGS: Couplings and Terminations for Rigid Steel Conduit: Factory made steel threaded couplings; bushing at all boxes and cabinets, with locknuts inside and outside box or cabinet. Couplings and Terminations for Electrical Metallic Tubing: Join lengths of EMT with steel compression couplings. Attach EMT to boxes or cabinets with steel compression -type box connectors having an insulated throat with locknuts. Where grounding bushings are required at terminations, they shall be T & B Series 3802, or equivalent. Set screw type connectors or indent connectors will not be allowed. Couplings and Terminations for Flexible Metal Conduit: T & B 440 Series couplings at connections between flexible and rigid conduit; T & B 3110 or 3130 Series nylon insulated throat, steel connectors at box or cabinet terminations. Couplings and Terminations for Liquidtight Flexible Metal Conduit: T & B 5271 Series adapters at connections between flexible and rigid conduit; T & B 5331 Series nylon insulated throat, steel connectors at box or cabinet terminations. ,CONDUCTORS (600 VOLTS AND UNDER): J.ype: Soft drawn, annealed copper, UL listed, rated at 600 volts, continuous without weld, splice or joint, uniform cross-section, free from flaws, scale and other imperfections; Okonite, Triangle, Anaconda or Simplex. No. 8 and larger shall be stranded; No. 10 and smaller shall be solid. Insulation: Branch circuits shall have type THW, or THWN insulation unless the type is specifically designated or specified. Feeder circuits shall be Type THW or THWN. JOINTS AND SPLICES: Stranded Copper Conductors: UL approved solderless bolted pressure connectors or Thomas and Betts Series 54000 compression connectors. All connectors shall be of proper, sizes to match conductor sizes. All compression connectors shall be applied with properly sized dies and tools. Split -bolt connectors are not acceptable. 16100 - 2 r- COLOR CODING: Phase conductors shall be black and red for phases, A and 6 respectively in the 230 volt system. Phase conductors shall be yellow, brown and f orange for phases A, B, and C respectively in the 480 volt system. Neutral conductors shall be white. Grounding conductors shall be green. DISCONNECT SWITCHES: Unless otherwise noted or required, all disconnect switches shall be UL listed and shall meet NEMA Standard KS1-1969 for Type HD heavy duty switches. Switches shall be unfused unless noted otherwise; quick make, quick break; in NEMA 3R enclosures if exposed to the weather; elsewhere r^ in NEMA 1 general purpose enclosures unless special enclosures are required. All motor circuit switches shall be horsepower rated. r Switches shall be of General Electric, Square D, Westinghouse or ITE manufacture, equivalent to General Electric Type TH quick make, quick break switches. r" FUSES: Furnish and install all fuses necessary for leaving the installation r complete and in working order, including a complete set of fuses in each spare switch. Fuses shall be Bussman Type LPN or LPS "Low Peak". Fuses shall be available in ratings 0-600 amperes, shall be current limiting dual element with tie delay, and shall have interrupting rating of 200,00 RMS symmetrical amperes. Fuses shall be equipped with slotted':' blades, and switch fuse clips shall be provided with matching NEC fuse rejection feature. r.. DRY TYPE TRANSFORMERS: Dry type transformers shall be of the air cooled type of ratings shown on drawings. They shall be of General Electric, Westinghouse, Hevi-Duty or Sorgel manufacture, equivalent to the General Electric transformers specified hereinafter. Transformers shall conform to all 'applicable provisions of NEMA Publication ST1 and ANSI C89.1. They shall be UL listed. Noise levels shall not exceed the following when measured in strict accordance with ANSI C89.1: KYA Decibels 0-9 40 10-50 45 51-150 50 ■- 151-300 55 301-500 60 16100 - 3 Housings shall be drip -proof metallic enclosures, and shall be degreased, cleaned, phosphatized and finished with two coats of enamel. Suitable lifting brackets shall be provided. All ventilating openings shall be arranged to prevent accidental access to live parts or the insertion or dropping of foreign objects into such live parts. Terminal compartments shall be located at the bottom of transformer housings. Transformer manufacturer shall provide with submittal a statement that transformers have been designed, manufactured and tested in strict accordance with the NEMA and ANSI standards stated hereinbefore. Transformers shall be wall, floor, or platform mounted as shown or required. Where wall mounted, provide suitable vibration and noise eliminators between mounting brackets and wall. Where floor mounted, set transformer on spring type vibration and noise eliminators mounted on 6" high concrete base. If platform mounting is indicated, construct the platform of welded or bolted angle iron. Support the platform from the building construction with steel rod hangers, with spring -type vibration and noise eliminators interposed between rods and platform. All vibrationisolators shall be properly selected by their manufacturer for thespecific duty involved. Maximum vibration transmission shall notexceed 10 percent. Install all conductors to and from each transformer in flexible metallic conduit not less than 24 inches long. Provide neoprene grommets or neoprene padding to prevent metallic contact between conduit and transformer housing. Install copper wire grounding jumpers between conduit and housing. Single Phase Transformers: General Electric Type B, QM or QH as required by rating. a s: 1-3 KVA, 2-5% full capacity taps below rated primary voltage; 5- 25 KVA, 4-2-1/2% full capacity taps, 2 above and 2 below rated primary voltage; above 25 KVA, 6-2-1/2% full capacity taps, 2 above and 4 below rated primary voltage. PART 3 - EXECUTION EXCAVATION: Perform all excavation work required in connection with the installation of the work under this Division. After the electrical work has been installed, tested and approved, backfill all excavations with suitable material under the direction of the Architect. Include the cutting of all sidewalks, streets and other pavement and repairing the openings in them to return to the surface to approximately its original condition. 16100 - 4 ar 1� Perform all excavations of every description of whatever substances encountered and to the depths required for installation of the work under this Division. During excavation, stack material suitable for backfilling in an orderly manner a sufficient distance from the banks of the trenches to prevent slides or cave-ins. Remove all excavated material not required or suitable for backfill, or waste as directed. Control grading to prevent surface water from flowing into excavations and remove any water �. accumulating therein by pumping. Use open cut grading and make trenches of the necessary width for proper installation of the lines with banks as nearly vertical as possible. Grade the bottom of trenches accurately to provide uniform bearing and support for conduit or duct on undisturbed soil at every point along its •� entire length. Except at locations where excavation of rock from the bottoms of trenches is required, take care not to excavate below the depths required. Where rock excavation is required, remove the rock to a minimum overdepth of 4 inches below the trench depths specified. Backfill the over depth rock excavation and all excess trench excavation to the proper level with 3/4 inch crushed rock or the equivalent in coarse gravel prior to the installation of conduit or ducts. Whenever wet or otherwise unstable soil that is incapable of properly supporting conduits or ducts is encountered in the trench bottom, remove such soil to a depth required and backfill the trench to trench bottom grade with 3/4 inch crushed rock or coarse gravel or other suitable material. BACKFI ).LING: Carefully backfill trenches with earth, sandy clay, sand and gravel, soft shale or other approved material free from large clods of earth or stone, deposited in thoroughly and carefully rammed 6-inch layers. Do not use blasted rock, broken concrete or pavement, or large boulders as backfilling material. Settling the backfill with water will be permissible and will be a requirement when so directed. Re -open any trenches improperly filled or where settlement occurs to the depth required for proper compaction, then refill, mound over and smooth off. Backfill open trenches across roadways or other areas to be paved as specified above except that the entire depth of trench shall be backfilled in 6-inch layers, each layer moistened and compacted to a density of not less than 95% Standard Proctor in such manner as to permit the rolling and compaction of the filled trench together with the ,. adjoining earth to provide the required bearing value and permit paving of the area immediately after backfilling is completed. Along all other portions of the trenches, grade the ground to a reasonable uniformity and leave the mounding over the trenches in a uniform and neat condition. 16100 - 5 INSTALLATION OF UNDERGROUND PLASTIC CONDUIT: Install at least 30 inches below finished grade unless noted to the contrary. Assemble and install raceways in accordance with manufacturer's instructions. Make joints with couplings and solvent cement. Fabricate bends of 30 degrees or more with factory -made elbows, or make field bends with proper heating equipment. Bends showing signs of overheating or flattening are unacceptable. Ream ends of all conduit before joining. "Snake" plastic conduit in trench, from side to side, with a complete cycle every 40 feet to allow for expansion and contraction. Maintain this configuration during backfilling. Where conduit turns up out of earth, or floor slabs, change from plastic to rigid galvanized steel conduit below grade and outside of such structures. Do not extend any plastic conduit above grade. Make similar change from plastic to rigid galvanized steel conduit at connections to underground pull or junction boxes. Wrap all steel conduits and fittings buried in earth as specified elsewhere herein, or use PVC -- coated steel conduits. INSTALLATION OF UNDERGROUND STEEL CONDUIT: All steel conduit in earth shall be rigid galvanized steel conduit. Wrap such conduit with 3M Company 0.020 inch thick No. 51 "scotchrap" vinyl plastic tape, half lapped to give a double thickness wrap. Remove all oil, grease and dirt from conduit with a suitable solvent, and clean and dry conduit before wrapping. If conduit is pre -wrapped in the shop and then cut and joined on the job, wrap all joints on the job, overlapping pipe wrapping 3" on both sides of joints. INSTALLATION OF BUILDING RACEWAYS: All wiring of every description shall be run in conduit or electrical metallic tubing unless noted or specified otherwise. Conduits may be run exposed in machinery and electrical rooms and unfinished areas. Types: Vault shall be rigid steel or EMT. Underground conduits shall be schedule 40 PVC. Penetrations: Wherever raceways pass through floors, walls partitions, etc., carefully fill any space between the outside of the raceway and the building material to prevent passage of air, water, smoke and fumes. Filling material shall be fire resistive and, in general, similar to the basic building materials through which the raceway passes. 16100 - 6 r, CONDUIT SUPPORTS: Support Spacing: Use minimum spacing as directed by National Electrical Code, but space hangers more closely where required by conditions. Individual Conduits: Support conduits running vertically or r- horizontally with galvanized malleable iron one hole clamps. Carry individually supported horizontal conduits 1-1/4" and larger on Kindorf No. 150 or Steel City No. C-149 hangers. SERVICE AND EQUIPMENT GROUNDING: Provide adequate and permanent service neutral and equipment grounding in accordance with the National Electrical Code, and subject to the following additional requirements. Connect the service ground and equipment ground to a common point within the metallic enclosure containing the main service disconnecting means. From the common point of connection of the service ground and equipment ground, run in conduit a combined service and Equipment grounding conductor without joint or splice to the main water service pipe and connect it thereto with an approved bolted pressure clamp. Clean all contact surfaces thoroughly before connection, to assure good metal to metal contact. Supplement the water pipe ground with an additional electrode which shall be 10' long by 3/4 inch diameter copper cladsteel ground rod. Attach the electrode to the water pipe and to the service/equipment grounding conductor. Size grounding conductors in accordance with National Electrical Code Tables 250-94 and 250-95. GROUNDING RACEWAYS: 71 Assure the electrical continuity of all metallic raceway systems, pulling up all conduits and/or locknuts wrench tight. Where expansion joints or telescoping joints occur, provide bonding jumpers. Where r., flexible metallic conduit is employed, provide a green -insulated grounding jumper installed in the flexible conduit. Install a separate green -insulated conductor in each non-metallic conduit. EQUIPMENT GROUNDING CONDUCTORS: Provide a separate, green -insulated copper grounding conductor, with �- insulation of the same rating as phase conductors, for each feeder and for each branch circuit indicated. Install the grounding conductor in the same raceway with the related phase and neutral conductors. 16100 - 7 GROUNDING DRY -TYPE TRANSFORMER: Ground the secondary neutral point and the housing of each dry -type transformer. Connect these items together within the transformer housing and run a common grounding conductor from their point of connection to a point of grounding. The grounding electrode shall be in order of preference: The nearest available effectively grounded structural metal member of the building; or The nearest available effectively grounded metal water pipe 2 inches or larger in diameter; or Other electrodes as specified in National Electrical Code Sections 250-82 and 250-83 where the above described electrodes are not available. 16100 - 8 POW so w SPECIAL CONDITIONS 60 r NOTICE OF ACCEPTANCE TO. f 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 relceipt 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 A""