Loading...
HomeMy WebLinkAboutResolution - 4192 - Contract - Mobile Enterprises Inc - Terminal Parking Deck Repair, LIA - 07_08_1993July 8, 1993 Item #16 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 Mobile Enterprises, Inc. of Fort Worth, Texas, to reconstruct the expansion and construction joints at the upper level of the existing Terminal Parking Structure at the Lubbock International Airport, 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: �� �( C�Z') Betty o n n, ity Secretary APPROVED AS TO CONTENT: � J lirK Victor KiTm �, urc asing Manager APPROVED AS TO FORM: Do-nald G. an iver st Assistant- City Attorney DGV:Js/MDBILE.RES D2-Agenda/June 23, 1993 CITY OF LUBBOCK, MERAS LUBBOCK INTERNATIONAL AIRPORT BID NO. 12586 MAY 1"3 Specifications and Contract Documents for N f h q IL Parkhill. Smith & Cooper. Inc. Engineers • Architects • Planners Specifications and Contract Documents for CITY OF LUBBOCK, TEXAS LUBBOCK INTERNATIONAL AIRPORT TERMINAL PARKING DECK REPAIR BID NO. 12586 MAY 1993 i " "" R • �......... RAPIER lib--- 61147�••�.�W :11 /:0:.. ' 1. Parkhill, Smith & Cooper, ..1 . Inc. Engineers • Architects • Planners 4. 5. 6. 7. 8. 9. 10. INDEX PAGE NOTICE TO BIDDERS..........................................................................................3 GENERAL INSTRUCTIONS TO BIDDERS............................................................................5 BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10 PAYMENT BOND ........................................... :.................................................. 14 PERFORMANCE BOND..........................................................................................17 CERTIFICATE OF INSURANCE..................................................................................20 CONTRACT..................................................................................................22 GENERAL CONDITIONS OF THE AGREEMENT.......................................................................24 CURRENT WAGE DETERMINATIONS...............................................................................42 SPECIFICATIONS............................................................................................43 SPECIALCONDITIONS........................................................................................44 NOTICE OF ACCEPTANCE......................................................................................45 -2- CITY OF LUBBOCK SPECIFICATIONS for TITLE: ADDRESS: BID NUMBER: PROJECT NUMBER: CONTRACT PREPARED BY: Purchasing Department -1- THESE SPECIFICATIONS REQUIRE THAT PLANS AND SPECIFICATIONS MUST BE RETURNED WITHIN 10 DAYS OF BID OPENING FOR REFUND OF DEPOSIT. NO REFUNDS OF DEPOSITS WILL BE MADE FOR DOCUMENTS RECEIVED AFTER THE 10 DAY PERIOD. PARKHILL, SMITH & COOPER, INC. NOTICE TO BIDDERS NOTICE TO BIDDERS BID * 12586 Sealed bids addressed to RON SNUFFIELD, 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 20th 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: TERMINAL PARKING DECK REPAIR AT LUBBOCK INTERNATIONAL AIRPORT After the expiration of the time and date above first written, said sealed proposals will be opened by the Buyer at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 10th day of June, 1993, at Municipal Bldg., _ Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Am. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds t25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less then 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of, Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Am. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. L The City of Lubbock here by notifies all bidders that in regard to any contract entered into pursuant r, 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 13th day of May. 1993, at 10:00 o'clock a.m., Lubbock International Airport, Blue Room, 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. 4CITYFUBSOC RON SHUFFIELD SENIOR BUYER t,. GENERAL INSTRUCTIONS TO BIDDERS -4- r ►... GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK r The work to be done under the contract documents shall consist of the following: Reconstruct expansion and construction joints at the upper level of the existing Terminal Parking Structure. Install new sealer on portions of the existing deck. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the Gen- eral Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 60 calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so sub- mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple- tion of the project within the time specified. 5. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. -5- 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for pro- tecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provi- sion. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against de- fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished di- rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to Sup- pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con- tractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi- als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc- tion, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City re- - serves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma- terials to be incorporated into the work without paying the tax at the time of purchase. .6- 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 construc- tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur- nish Contractor the location of all such underground lines and utilities of which it has knowledge. How- ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under- ground 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 sig- nals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and Lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and re- placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri- cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor -- shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast- ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the 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 -7- notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subroga- tion. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project 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 there- under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu- ments does not release the Contractor from compliance with any wage law that may be applicable. Construc- tion work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 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 deduc- tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. -8- 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 Proposals submitted containing any conditions which provide for changes in the stated bid price due to in- creases or decreases in the cost of materials, labor or other items required for the project will be re- jected and returned to the bidder without being considered. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis- tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an indi- vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a fin, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol- lowing: _ (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (9) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. -9- BID PROPOSAL -10- BID PROPOSAL BID FOR UNIT PRICE CONTRACTS PLACE FT. WORTH, TEXAS r DATE MAY 19, 1993 PROJECT N0. 12586 Proposal of MOBILE ENTERPRISES, INC., 2551 WARFIELD, FT. WORTH, TX 76106 (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a TERMINAL PARKING DECK REPAIR, LUBBOCK INTERNATIONAL AIRPORT (Reconstruct expansion and construction joints at the upper level of the existing Terminal Parking Structure. Install new sealer on portions of the existing deck.) having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated in Exhibit "All. The Bidder binds himself on acceptance of his proposal to execute a contract and any required bonds, according to the accompanying forms for preforming and " completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within sixty (60) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of One Hundred Dollars ($100) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. 4668-93 BID PROPOSAL - 11 PR - The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum of _ 50/6'of the Greatest amount of our bid Dollars ($ ), 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 shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice,,tp/Bi ., ZZ Contractor MOBILE ENTERPb 2551 WARFIELD, By: MARK D. LEMAY ES, INC. FT. WORTH, TEXAS 76106 CHIEF ESTIMATOR (817) 625-6136 or (800) 375-6136 (Seal if Bidcer,is a Corporation) ATTEST: W"Wilor" wail M. Bidder acknowledges receipt of the following addenda: ADDENDA NO. NONE ADDENDA NO. ADDENDA NO. ADDENDA NO. ADDENDA NO. 4668-93 BID PROPOSAL - 12 r h- N EXHIBIT A, BID PROPOSAL BID FOR UNIT PRICE CONTRACTS ITEM QUANTITIES TOTAL N0. & UNITS DESCRIPTION OF ITEM & UNIT PRICE AMOUNT 1. 1 L.S. Base Bid Replace joints to include the following: hr A. 540 L.F. Expansion joint replacement EXTENDED AMOUNT f^ Materials: $ 6.75 /Sq.Ft.) 3,645.01 Services: $ 30.38 /Sq.Ft.) 16,403.3 Total A: $ 37.13 /Sq.Ft.) 20,050.2 l B. 36 L.F. Replace sealant at light poles ■-' LF -- Materials: $ •56 /Iff.Ft.) Services: S 6.39 /Sq.Ft.) Total A: $ 6.95 /Sq.Ft.) 250.2 TOTAL BID ITEM 1 (Sub -items A and B) MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID: ($ ) 20,300.4 2. 1,434 L.S. Perimeter joint replacement - Alternate No. 1 Materials: $ •24 /L.F.) Services: S 2.89-/L.F.) Total Item 2: $ 3.13 /L.F.) 4,488.� TOTAL BID ITEM 2 1. Labor warranty - one (1) year_ Material warranty (Dow) - five (5) years 2. Builders risk insurance not included. EXHIBIT A r r I LIST OF SUBCONTRACTORS IL This form shall be completed and submitted with the Bidder's Proposal. C 1 • NONE 2. 3. 4. S. C 6. T. 8. 9. r- 10. Minority Owned Yes No -13- UNITED STATES BID BOND ARANTY COMPANY BOND NUMBER .... KNOW ALL MEN BY THESE PRESENTS: THAT ,,,Mobile Enterprises, Inc. ................................................................................................................................................................................. ............................................ of ...2551 Warfield Avenue, Ft. Worth, ............................................................................................................................................................................ ...........Texas........7.6.1.0.6................................................................ ............. as Principal , and UNITED STATES FIDELITY AND ............... GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto ..... �ity of Lubbock, Lubbock, ................................................................ .............Texas ........................................................................................................................................................................................................................... as Obligee, in the full and just sum of.......57 of the Greatest Amount Bid------------------------- ............................................................................................................................................................ -------------------------------------------------------------------- ...................................................................................................................................................................................................................I.............. Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal Reconstruct Expansion and Construction Joints at Upper Level of Existing Terminal Parking Structure — #12586 THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered...ny 17 , 1993 ......................... (Date) ..... obile Enterpr,ises.r....Inc. (BEAU .&.C— l z'iWCme ........................................................................................................ :4....... ... . r (BEAU NITED S S IDELITY AND GUARANTY COMPANY .er'..:1.. ...(.. :iiip Ti ............ ..... ........................ �,�' or ey-in-fact IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX 1(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. N° 369692 UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY 106988 *.-1 KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the Slate of Maryland, does hereby constitute and appoint V.R. Damiano, Jr., Cheryl L. Humphrey, Betty J. Damiano,Shane A. Humphrey and James V. Damiano of the City of Dallas State of Texas its true and lawful Attorney(syin-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instnuneots in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said UNTIED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 29 th day of January A.D. 19 93 . epsft—s'�, UNITED STATES FIDELITY AND GUARANTY COMPANY ti (Signed) By... ........ .. ........................ , iV\ Senior Vice President (Signed) By ........ . . ...........:.......... ............. �� sistant Secretary STATE OF MARYLAND) i �O BALTIMORE CITY , SS: On this 29thday of January D A9'93 , before me perso c Y Robert J . Lamendola Senior Vice President of the UNITED STATES FIDELITY ARANTY COMPA Paul D , mS Assistant Secretary of said Company, with both of whom I sun 11, acquainted, who being eerally duty swo they, the said Robert J . Lamendola and Paul ms were respective or Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY ?�COMPANY.AraGon described in xecuted the foregoing Power of Attorney; that they each knew the seal of said corporation; that th2 seal affixed to said P�ttorney was such co to , that it was so affixed by order of the Board of Directors of said corporation, and that they signed their Dames thereto b-. r as Senior V ice Prceikoto 1 Assistant Secretary, respectively, of the Company. My commission expires the llth day in rch 95• .4 Si �y�� PUBLIC ,p 'J�O NOTARY PUBLIC This Power of Attorney is granted under and tfy of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Septemb4, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorneys) -in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Congany, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys) -in -Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terrors and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Atloraey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. L Paul D . Sims . an Assistant Secretary of the UNITED STATES FIDELT7Y AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effect. L the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set trey hand and the seal of t e ITED STATES FIDELITY AND GUARANTY COMPANY on this 1 % thday of May .19 93. ^ p 'tab G�►� 4................................... I..... 'INN �p� Assistant Secretary AMtlF FS 3 (10-92) PAYMENT BOND -14- BOND PREIMIUM PAS EE) FINAL. CONTRACT IF, r,!CE: Bond No. 18-0120-11267-93-4 STATUT04Y PAYNEYT 6M PURSUANT To ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AXENDED BY ACTS Of THE SdTH LEGISLATURE, REGULAR SESS108, 1959 KNOW ALL KEN BY THESE PRESENTS, that Mobile Enterprises, Inc .(here inaf ter called the Principal (a), as Principal(s), end United States Fidelity and Guaranty Company (hereinafter called the Surety(s), as Surety(s), are held and finely bound unto the City of Ik (hereinafter Fgrt Twq Thous ndd Seven ljundred called the Obligee), in the amount of N, a �5, x and g7lf 00----------- Aollars ($k2,796.87) lotful money of the United states for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis- trators, 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 8 t h day of July i9 93 , to Terminal Parking Deck Repair at Lubbock International Airport 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 MWITION of THIS OBLIGATION I5 SM, that if the said Principal shall pay all claimants supplying labor and Oaterial to him( or a sub -contractor in the prosecution of the work provided for in said con- tract, then, this obligation shall be void; otheruise to remain in full force and effect; PROVIDED, FA&VER, 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 an 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. BOND CHECK BEST RATING . _ LICENSED IN TEXAS DATE i-4-T3 BY %� IN WITNESS WHEREOF, the said Principe[ (s) and Surety (e) have sipted end aeeled this instrument this 28th day of July lg 93, Principal Mobile Enterprises, Inc. by: (Title) J�m F. Unsworth BY: PCee4-4e4R*;— (11tle) BY: (Title) United States Fidelity and Guaranty Company suraty (Title) Cher Humphrey Attorney —in —Fact The undersigned surety cospany represents that it is duly qualified to do burinaas in Taac, and herahy dae- ignates ** an agent resident in Lubbock Cartty to dws any requisite notices my be delivered and an whoa service of process may be had in Mttert arising out of such suretyship. **Mr. John Shropshire Shropshire Agency, Inc. P. 0. Box 10428 Lubbock, Texas 79408 /ipproved as to fern: City of Lubbock By: City Attorney Surety isle) Cheryl L. Humphrey Attorney -in -Fact 'Mote: If signed by an officer of the Surety Cagm"y there evst be on file a certified extract from the by-laws showing that this person has mrthority to sign such obligation_ If signed by an Attorney in Fact, we must have copy of power of attorney for our files. IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Bond No. 18-0120-11267-93-4 N9 369732 UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY a NO. 106988 KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint V.R. Damiano, Jr., Cheryl L. Humphrey, Betty J. Damiano,Shane A. Humphrey and James V. Damiano of the City of Dallas , State of 'texas its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 29 th day of January A.D. 19 9 3 . E UNITED STATES FIDELITY AND GUARANTY COMPANY 1096 Si ned B Senior Vice President `vHl A1N n . (Signed) By........ Assistant Secretary STATE OF MARYLAND)� SS: BALTIMORE CITY Ooth;s 29thdayof January �\)yacqulainted, .-t493 ,bef-remepersovAI$came Robert J. Lamendola Senior Vice President of the UNTIED STATES FIDELITYARANTY COMPANY ua Paul D . ms Assistant Secretary of said Company, with both of whom 11 am pe p who bejng' one severally duly swo hat they, the said Robert J. Lamendola and Pau /tt� 1mS 1 �. ; were respective 0 or vice President and the Assistant Secretary of the said UNTIED STATES IIDELITY ANI NTY COMPAN;��tt-- ration described in }r� executed the foregoing Power of Attorney; that they each knew the seal of said corporation; tha[ th seal affixed to said �°ey wan such c al, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto b �l&`(, Cer as Senior V icc Prpsj tldd Assistant Secretary, respectively, of the Company. My Commission expires the 11 t h day ' n , larch A. y� 9 5 J NOTARY PUBLIC 4O `� This Power of Attorney is granted under and,! Ah ty of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Septemb2t24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attomey for and on bebalf of lbe Company may and sball be executed in the name and on bebalf of lbe Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Allomey(s)•in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I. Paul D . Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effect. 1, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attoruey is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal rl�' ITED STATES FIDELITY AND GUARANTY COMPANY on this 28th day of July 19 93 lrAhp jC ............................. I............... wmra a mew Assistant Secretary FS 3 (I 11-92 ) PERFORMANCE BOND -17- BOND PREMIUM (,"N� FINAL CONTRACT PRICF Bond No. 18-0120-11267-93-4 STATUTORY PERFORMANCE 80ND PURSUAAT TO ART [CIE 5160 OF THE REVISED CIVIL STATUTES OF TUAAS AS AMENDEb BY ACTS OF THE 56TH LEGISLATURE, REQILAR SESSI07 1959 Mobile Enterprises, OM ALL WZN BY THESE PRESENTS, that Inc. (hereinafter called the Principal(s), as Principal(&), and United States Fidelity and Guaranty Company, 4099 McEwen, No. 200, Dallas, Texas 75244 (hereinafter called the Surety(s), as SSFurety(�&). are held and firmly bound unto the City of Lubbock (hereinafter called the Obti ee), in the amount of Nin rmo h 1 Seven Hundr 42 796.87 g Six �'��f8� �ollars (S 7'lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, aciainistra- tors, executors, successors end assigns, jointly and severally, firmly by these presents. NHE7tW, the Principal has entered into a certain written contract with the Obligee, dated the8 t h day of Ju1}L . 192.� to Terminal Parking Deck Repair at Lubbock International Airport 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 hereaf as fully and to the same extent as if copied at length herein. NOV, THEREFME, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per- form the work in accordance with the plans, specifications and contract documents, then this Obligation shall be void; otherwise to retain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the kerised Civil Statutes of Texas as amaxdcd by Acts of the 56th Legislature, regular session 1959, and all ►iabilities an 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 4HEREOF, the said Principal Cc) and Surety (s) have signed and sealed this instrument this 2 8 t h day of July . 19 93. United States Fidelity and C.unranl';j Surety ' (Title) Cheryl L. i U, hrey Attorney —in —Fact BOND CHECK BEST RATING LICENSED iN TEXAS DATES-2-3 BY Mobile Enterprises, Inc Principal Hy: J i F. Uns irtli (Titles) President By: _ (Title) By: (Title) I The urdcrsipnnd surerY car represents that it is duty qualified to do business in Texas, and hereby designates * * , an •vent resident in Li k Caxay to mhow any requisite noticec Bay be detivered and on whoa strvice of provers my be had in awstters erisino out of such suretyship. United States Fidelity ,and Guaranty Company Surety (ti� e Cheryl L. Humphrey Approved as to Form I Attorney —in —Fact City of Lubbock By: city Attorney 'Mote: If signed by an officer of the Surety cogNwy, there mist be an file a certffied extract fran the by -tows showing that this person has authority to sign such obtiBatia u If signed by an Attorney in Fact, we ss:st have copy of power of attorney for our fites. ** Mr. John Shropshire Shropshire Agency, Inc. P. 0. Box 10428 Lubbock, Texas 79408 0 CERTIFICATE OF INSURANCE -20- CERTIFICATE Of INSURANC4 7 - 30-93 TD: CITY Of U9WIMK DATE P. 0. Box 2000 Type of LOA k, Texas 71'A57 Pro}ectt 11.)bily I-A-er7)risc-3, Iric., 2551 Vbrfi(dd, 1,'L. Wurth, R 761a) THIS IS To CERTIFY THAT (Nome and Address of Insured) iv;, nt the date of this certificate, in- sured by this Conpany with reep&ct to the business operations hereinafter described, for the types Of insurance and in accordance with the provisions of the starodard policies used by this Ccepany, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE Oi INSURANCE POLICY No, Effective tzpirts limits of liability 6"Uh n 6 s 0.!rU f i (at.e of InsLLi-awo to Follow! CmVensa t i on Owner's Protee• Per Person S - tive or Conlin- Per occurrence t pent Liability Property Damage S _ Contractor's Per Person Protective or Per Occurrence f - contingent Property Dsmmye ice_ Liability K�ci Sil>filc �ll�i�r� Autonabi L e BUAIU21W4014 5-22-�93 5-22-94 limit. Limmit. �k19D s!�_ ... ............----•••...................----.............................. $1,(lA),(w .... - CortprlfltfiSiVt Goieral AggrcWte $2,(M,wl) . _ Genera t E i abf l i ty Q1021557281 5-22-93 5-12-4 h' 1 • C�111���b �rl at pp FA Nr1i Cllf l (3TGc Uffbretla Liability F'llb1Q21544Q31 r22�i 5-22-r�'+ 1L`ic�h Gt:ctirrence $3.iyW71�'W0 . _ A�,iepte $3,0,0W - The foregoing Policies (do not) cover oll •uU-vixrtracturs. locations Covered DLSCRIPYIOH of operations Covered The above policies either in thr body thereof or Vy appropriate endorsement pf-ovidke that they MAY not be changed or canceled by the inevrer in less than the legal time rewired after the insured has received written notice of such &&nge or cancetlation, or in coae th.'re is no legal requirement, in less than five CayS in aWance of cancetlation. FIVE COPIES Of THIS CERTIFICATt _ CMI Ifmp7ince CbB. MUST 6E SEMT TO THE OwNCR. (Mnme of 1-WI('!r) r? r by: �. J. Roy: Vic s My. 8QXAgenvy.In CONTRACT -22- CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 8th day of July. 1993 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and MOBILE ENTERPRISES, INC., of the City of Fort Worth, County of Tarrant and the State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 012586 - TERMINAL PARKING DECK REPAIR AT LUBBOCK INTERNATIONAL AIRPORT - IN THE AMOUNT OF $42,796.87 and all extra work 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. 11 ` IN WITNESS WHEREOF, the parties to these presents year and day first above written. ATTEST: c'-'L Secretar APPR D AS TO CONTENT: APPROVED AS TO FORM: MOBILE ENTERPRISES, INC. By: TITLE• r COMPLETE ADDRESS: ATTEST: Corporate Secretary 2551 Warfield Fort Worth, Texas 76106 Texas in the 35 GENERAL CONDITIONS OF THE AGREEMENT -24- GENERAL CONDITIONS OF THE AGREEMENT 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: MOBILE ENTERPRISES. INC. who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to Jim Newsome, Deputy Director of Aviation, 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. 4. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES 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 all such cases, any question of the fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. M r L 13. LINES AND GRADES r- ►... All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence- ment of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Con- tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre- sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa- tive at Contractor's expense. r� 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representative'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 direc- tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there- from shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela- tive to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Con- tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. -27- L ,- 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE r- The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by !- competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Con- tractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na- ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate- rials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WOMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis- orderly, such man or men shall be discharged from the work and shall not again be employed on the work with- out the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu- tion and completion of this contract where it is not otherwise specifically provided that owner shall fur- nish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob- servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. -28- 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 obser- vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by owner or owner's Representative and shall give am- ple notice as to the time each part of the work will be ready for such observation. Owner or owner's Rep- resentative may reject any work found to be defective or not in accordance with the contract documents, re- gardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether owner's observer has previously accepted the work through oversight or otherwise. If arry work should be covered without approval or consent of the owner, it must, if requested by owner or owner's Repre- sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or owner's Representa- tive to make observations of such work or require testing of said work, then in such event Owner or owner's Representative may require Contractor to furnish Owner or owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the owner or owner's Representative, it must, if requested by the owner or owner's Representa- tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec- tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the owner or owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to 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 un- suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re- build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur- ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the �-- basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in- crease the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In -29- r L case the Owner shall make such changes or alterations as shall make useless any work already done or mete- r' H al already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. r-- 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that my be required by the owner or Owner's Representative to be done by the Contractor to accomplish any change, al- teration or addition to the work as shown on the plans and specifications or contract documents and not cov- ered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa- tive when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is com- menced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this para- graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat- " ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin- ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and car pensate him for his profit, overhead, general superintendence and field office expense, and all other ele- ments of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre- sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative in- sists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi- tration as herein below provided. -30- i 25. DISCREPANCIES AND OMISSIONS r It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any re- quest for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT 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 speci- fied, 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. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem- nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sus- tained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcon- tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the owners or the Owner's Representative concerning omissions under this paragraph as the work pro- gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump- tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors. -31- 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in- surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au- thorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of S300,000 Bodily Injury and S300,000 Property Damage per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional immured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property Damage. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury $250/500,000 Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non - owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten- tial loss) naming the City of Lubbock as insured. -32- 29. 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 Comprehen- sive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. F. Worker's Compensation and Employers Liability Insurance As required by State statute covering aLL employees whether employed by the Contractor or any Sub- contractor on the job with Employers Liability of at Least $100,000 Limit. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named in- sured at the address shown in the bid specifications. (b) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) con- tained in the job specifications. No substitute of nor amendment thereto will be accept- able. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS. LABORERS. MATERIALMEN. 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 shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall faiL to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness -33- shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de- vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten- tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is speci- fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de- vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm - Less from any loss on account thereof. If the material or process specified or required by Owner is an in- fringement, the Contractor shall be responsible for such Loss unless he promptly gives written notice to the Owner of such infringement. 31. 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 harrdess 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 Owners Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in- sofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 32. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced enced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con- sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 PER DAY, not as a penalty, but as liquidated damages for the breach of the -34- 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. 6- it is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com- pletion of the work described herein is reasonable time for the completion of the same, taking into consid- eration the average climatic change and conditions and usual industrial conditions prevailing in this local- ity. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica- bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus- tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 34. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con- tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contact, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the 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 sev- eral parts. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove _. set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex- tension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re- ceipt of a written request for an extension of time by the Contractor supported by all requested docu- mentation shall then submit such written request to the City Council of the City of Lubbock for their con- sideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. r-- 36. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in- cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge -35- r L r l.. 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 such stoppage shall be id epr by oppag pa' by Owner to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree 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 of- fered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and sit claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor- mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis- tence or character of the work. 39. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 40. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the -- contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of de- fective work. Contractor shall at any time requested during the progress of the work furnish the owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in correction with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the con- ` tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. -36- L. r L 41. PARTIAL PAYMENTS r^ On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica- tion for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for per- tial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound ma- terials delivered on site of the work that are to be fabricated into the work. The owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and 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 per- centage due Contractor. 42. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall in- spect the work and within said time, if the work be found to be completed or substantially completed in ac- cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 43. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be- fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this con- tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi- tions (if any) of this contract or required in the specifications made a part of this contract. 44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con- tractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other - contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 45. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the -37- r L date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de- fects with reasonable promptness. 46. PAYMENT WITHHELD The Owner my, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as my be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 47. 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 acceptence by the Contractor of the final payment shall be a bar to any claim by either party, except where noted other- wise in the contract documents. 48. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se- Lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de- cision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei- ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters 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 ar- biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, at seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. -38- r I L r The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus- tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar- biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ- ing and shall not be open to objection on account of the form of proceedings or award. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or- ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup- plies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been com- pleted by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been com- pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa- per having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and ,- the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified r 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 6.- being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. -39- r L r^ 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 thew to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be wailed 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) 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 wade at either public or private sale, with or without notice, as the owner way elect. The Owner shall release any machin- ery, equipment, tools, materials, or supplies which remain on the •jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor way suspend or wholly abandon the work, and way remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorpo- rated into the work. Thereupon, the owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Con- tractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terra of this contract, and a reasonable sum to cover the cost of any provisions made by the Con- tractor to carry the whole work to completion, and which cannot be utilized. The owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the term of this Agreement. 51. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. if the contract price does not exceed $25,000.00, the statu- tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur- ther agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special con- ditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. -40- L 53. LOSSES FROM NATURAL CAUSES r- Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au- thority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob- serve Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus 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. -41- CURRENT WAGE DETERMINATIONS -42- 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: _ 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 January 1987. :Ranett6,Boyd, City Secretary v APPROVED T ONTENT: Bi 1 P yne, Director of Building Services ff e. G)nlcl� B.C. McMINN, MAYOR APPROVED AS TO FORM: Do ld G. Vandiver, First Assistant City Attorney I SPECIFICATIONS -43- �,. � fat � r. sxt`,v ,. � � . .. � � �' t,�•c�. ""W—v H ' � . • / A �ts,� � ::"'"3ar �. ;;'fir �y,jry �, �� �Ar' �r,.r"� �'"# �.°� s x� t� ,�.*tL �°a.. k���� ,. nx -'`�� �:x€ .. '`',• <•..•,. , At • - k „ M ,c • � �, ',.•� . `a ",°t � �,-; ��s.� .•t L; ^s F-.c�p•� s:rtE 2,� �'f ::+ '�,� ti �- x �kh ;,2'�-��f:"j � � _�'��"_r�r` ''�'#�':x�s� � •r, = �' ��;.-,�-'�'.ti'��Y���z4,�,Ps�'� •�• r `�.� e ,'x ' !� fa°x 7 r-,�. � > � 31 ,�;r�.S" �, �, .� "�,� a;�r�.r"'-'� sc+� r,� .•�a. �, � `� .. � �, F# #1# ,1i� , - . - .. 5,� �' � 1"*' Y1'~ i • �?;, 33.. fit. - $a.r ,R ' s-o - 'aye y At � n r PECIAL PROVISIONS SCOPE OF WORK R The work to be accomplished under these specifications, includ fists.: of construction work for the Lubbock International '-Ai ': btsC;: aot limited to, the - re -construction and sealing- of -ea ~ oI- Ats...and'construction joints, and sealing the traffic surface v& the :Terminal Parking Structure. ].::?labor, materials and equipment necessary to complete .the muff .06c fications and shown on the plans shall be furnished" DOCUMENTS r'k covered by this contract shall be done in accor y � { p t .described in the General Conditions.. Tkie di, h ist "of the plans entitled "City of Luildcl� ;, t, Terminal Parking Deck. Repair, detia&.1 �Wftts shall be thoroughly familiar Frith ,all e . fThe Contractor shall be responsible for:; t „ill :'Mork . shown on the drawings or specified., �=p fnt of the plans and specifications is to prescrlb -t which the. Contractor undertakes to .do in foilc itpecifieations, the special provisions, propoaala` do all work including such additional, i extr ,4*,4Wtdered necessary to complete the project ice; } as provided in the plans, proposal, `4 d :astk provided in•the specificationsepe fads, equipment; tools, labor and inei4. .,1etion of the work. e t V0cuments are complementary, and what is- o rig as if called for by all. In- case of c + ns, "priority of interpretation shall be� t, Performance Bond, Special Sonde Botice to Bidders, Instructions to F y y .General Provisions and: General , A� R ' � R t1F COMPLETION a,x 45 Will be p.armitted to ,prosecute csrtifiY { �r of Otis- :.owe choosing to ahs ,ire A :shah be 'conducted in such . pit: and labor as may be required to ink �tlth .the plans and specifications within. the time - td' ixi..the- Contract. The Contractor shall furnish the.:' Y x SP - 1 a . it -` ... •'. 3 y posed progress schedule and this.schedule shall be approved by the EzQ o=e work is commenced on the project. The Contractor shall. provide an area for parking all equipment snot mustruction purposes, and for parking of employee vehicles. This away from the operational area of the airport 4,iq pia .Engineer and the Director of Aviation. No employee,er, dles will be allowed within the operational area of the ao routes shall not be along or across any paved arps+rt t ,� attaciway ,or runway without specific written authori } director. of Aviation. any damage incurred'by r �X,jPe repaired by and at the expense of the x$Dgitoir and the Director of Aviation. IONS SECURITY` ales of Hoists traction activity utilizing.a crane or. eny , ttie prior.-, written approval of tbe ntractor shall be responsible for { +gndo in accordant® with Part 77.of t ions for .airspace clearance east be' °rPOOot.,ao the .beginning- of construction activd' 'the Contractor is urged to file the prescr��lii�t' aka clearance from the FAA must be apprbv,_.: iCrhWe or other hoisting device. {` s �+�iqueesti=tg approval far the use of a era .4 R information is required: , 1 8sact location of construction �icGvf .77 crane or other hoisting device. !laxi m m " extendable height of . crane. device. w Al - 3,,.Duration of construction activities ut1X g other hoisting device. Dail y .hours'of crane or other hoisct ^" r er t of the. crane or other.hoisting ; -IQ safety -orange. and white checlrerad - �: t' � shall be lftered at : night of or during periods of poor visbii t or of Aviation or the Eti'gineer,of t `hit4ictor, of Aviation or the Engineer, actor shall 'notify the Enginnr a i- �S '[C CONTRACTOR'S PLANT SITE, STORAGE AND OFFICE AREA(S) The Contractor shall make his own provisions for plant site, stora e,:00 " fJer- areas. If the Contractor desires to utilize an on -airport loc nto must be made with the Director of Aviation. The following sp ements"apply to on -airport plant site, storage and office areas. i 1: The Contractor will be held completely responsibl ' any damage or deterioration in areas allo ¢a} Contractor's use. The Contractor will als her, responsible for maintenance of areas and dust cont r tv " n the duration of the project. 2. Direct negotiation may be conducted with the $ y Aviation for any areas desired.. Areas:, -,Us" Contractor may be subject to rental .rates; f identified by the Director of Aviation.. Any areas occupied by the Contractor and hilk . be required to be c2aRleteLy restored by the C ' at his expense, including but not 1 k -regrading, disturbed areas (2) complete r or . any other material brought onto �r Contractor; (3) complete replaeelment., oiA t' ar asphalt pavement, concrete slabs or. drives, - ` 3 worn; deteriorated or damaged. during {*sF Contractor and his forces oceupg ' tits x 'restoration shall be to the 'satfsfacfan Q ^ of Aviation. �r Prior to :moving into an unpaved "shall remove and stockpile a .minite{ " existing topsoil. After comp lation b after" clearing the site of material�t,�° debris, the Contractor shall replace, spr *r^ . .the salvaged topsoil, followed by fertilizing. z 5.," All restoration.' activities. shall he ' accordance with' applicable technical.,- ap ry ths`to documents, including but not 1 C ti P:-.401; `T-901 and T405. 6. ,No direct payment will be made to the xs ti restoring plant site, storage or office �r ,W rt: 3 +tor shall exercise care to prevent damage �.to a1 s Wbalaw ground, including 'buiidings, fences, pipeliiaee. k ,isther publicly or, privately owned and including work pasrf SP_3 4 v:A OP ':;others. The Contractor shall be responsible for locating all under of h�facilities that might be damaged by the proposed construction. The Contractor shall be responsible for all damage done to either ;aE private- property during the course of construction except as specifi d=otherwise in these specifications. ,. j, 'm IC . TO`iER AND NATURAL GAS ' ,Contractor shall make his own provisions for his electrical ir f al .requirements and shall pay for electricity; gae,tgr }:he construction of the project. The Contractor, shall -litres and such construction shall be in strict accor fir; codes . and laws. ' for will be responsible for.laying out the -w. ,*', �L . -7he Engineer will check grade• control' t i�`.:.but , this check will not relieve the .yn sw ca ectly.locating line and grade in &ccardsl 'VWWWS7RUCTION rector shall make his own provisions for his watex` e water consumed during the construction of tba'� his own arrangsments for connections.,;"toL to and piping'or hauling the water. tp tamp a . r i at his own expense. for the location of water sources 9ic►d 4ti+i for during construction shall.be r a �t#►Ue-r utility department, Lubbock Power at SV VS, AND HAZARD MARKINGS 4. V 7�e�et+a►�tshall provide, . erect, andl , *r. signals, ,and lights for the prwt . put�rlie `for both land and air traffic C. a � (30) days after award of the contrast, schedule for. the project. The progress t ,t shitable to the Engineer and shall dts for each phase_of eonstrudtia�tt � e a progress schedule shall include as "10; #' y amount, diiaulative amount and cu mt4# " suEbmitted in suitable bra and presO%ided w M t heGion of the project within the time voeci k�y'the 'Engineer.: SP-4 R )� Revision or changes in the approved progress schedule may be ma oniy> -with approval of the Engineer. V_!fir-12 PUBLIC CONVENIENCE AND SAFETY Materials stored on the airport shall be so placed and the work s 11:, area; be so conducted as to cause no greater obstruction -to the si id than is considered necessary by the Engineer. Y 'CLEANiNG UP ppn:gompletion of the work and before acceptance and final p 'fie Contractor shall remove from the siteall machinerjr, X ` cardedmaterials, rubbish and temporary structurewi,� ,_A t its aad-deposited'on property adjacent, will noz. obsd of satisfactorily.. The, cost of the "C'leanno:" zh" i►i cost of the various items of work involved, r ; made . for this work. IS; 4 1 Cz - .. -0 r" tractor 'shall not begin work under this contracrikidt; once as required.in the General Conditions of '*odf,6f same to the Owner, and the Owner shall have a pr f3cate • .of Insurance is included in the , epaci .for this project. The Contractor, will. be` US of this certificate executed by his i�sur } mikar$catwill_ p become a art of the CQx <, 4 a , the ­contract Contract Documents before auecw specified `herein apply to all operat.o3ps abid work,, including automobiles and other vil# r shall extend to all subcontractors unless p� lid is subnitted,separately by each subcontrac- 0,d� `WITH PLANS AND _. ALLOWABLE DEVIATIONS , � d�tu faicee shall .conform to the .lines ,• gradeer, "Aar' ' �#iatl an from the may be r which ti raid It -plansy �1 .1r . determined by the Engineer and ett f -b% SCTivE AND .UNAUTHORIZED WORK i e has been rejected,or condemned shall-U a terily repaired 'removed and replaoad atst iwt,conforming to the requirements of 71- ?6t.#ittely from the site of the work aid nx maairisi by'the-Contractor 'at his expense, ri r � �ti SP-5• s{ 1 ' N_ a;e y' Work done beyond that shown on the plans, or as given, except as , raVided, work done without proper inspection, or any extra or unclassifi A0 without written authority and prior agreement in writing as to prig .:et.the Contractor's risk and will be considered unauthorized apd, e£ the .Engineer, may not be measured and paid for and may -be:' xq�laced at the Contractor's expense. ?, _the failure of the Contractor to repair satisfactorily or to ;4'0 'so directed, rejected, unauthorized, or cond6uped>,.;, ii�ue i--aly after receiving formal notice from the Engineer; t ' "such defective work or materials on the Contractor's bap s � 4t.'hav ng proper jurisdiction over such matters-.. t : and satisfactorily repair or remove and reels e# 16 same to the Contractor, which.cost will be y MAIMS FOR MMA WORK tentractor deems extra compensation ip ; t eovered in the contract, .or .not ordered, titer..' shall notify the Engineer, in writ.. ate? extra compensation before he begi.s thi► s shah afford the Engineer. every faael[i% " 'Failure. on the part of the Contr`a%. � ;40{ ►ford the 8ng veer proper factlitire8 ­t shall' -constitute a *liver., o fng of such notice by the Contractor; .ha31 not in any be:.. cons t tdp s bean cgmplet:d, the Contrsctor + y +'compensation.with the Engneerf store. for shall indemnify. and hold harmless A Ao ��;tYte Owner's officers, agents and,;, personal 'injuries, losses;,?ptops.z� em�rer, iuclveting aCtorney' 9 fees; -b' ?goat received.or sustained by af,any negligent act of the:Coin.; tractor, ,in the executii3n, sup�ei +(fitp coatnaczed with the peffgrsac�,+ xeuired to pay any 1nt t a,c e gnginaer, or any of.. its offieae_r, fees � 3} :tor shall indemnify and hold harmless and r OWner's officers, agents and ti ei personal `injuries, property damage, 1004 including attorney' s - fees , br si F i 4 , dam pa received or sustained by any pea•sot1� negligent g BnB�ttesr t,of any li ant act of -the Owner, ;. 6 SP �; ,. officers, agents and employees, whether such negligent act was the sole prox of the injury or damage or a proximate cause jointly and concurrently ��,'the Contractor or the Contractor's employees, agents or subcontra ;A �*tligence, in the execution, supervision and operations growing out of or I __ - ;M connected with the performance of this contract, and the Contractor W1 d lVe - t judgment with costs which may be obtained against the:0 = . o pay any judgme at or any of its officers, agents or employees, including attorney's Contractor agrees that he will indemnify and save the Owner .!%bliftlesi from all claims growing out -of any demands of subcontract ,vorkmen., mechanics, materialmen, and furnishers of machinery and, .4mant, power tools, all supplies, including commissary. incurp 4, Of the performance of this contract. When the. Owner, ao­ 11,.furnish satisfactory evidence that all obligations -,tip love'�designated have been paid, discharged or waived,�: GTOR'S RESPONSIBILITY FOR WORK pa by the Engineer of any part or all of tha,Cgsts 0 n the so -specifications, it shall be under a and he -shall take every necessary precaut mt of the work by the action of the elements or frow. Yiethor arising from the execution or from,the'noft Actor shall rebuild, repair, restore, andX66 I-Aujuries or damage to any portion of the work occ as before its completion and acceptance. �OF FAULTY WORK AFTER FINAL PAYMENT A. `4f, -die final payment by the Owner to., the .#f,._.raapqnsLbility for faulty. material* r`: tly'replace any such -defects disco erd ttan acceptance of the work. Bond shall remain in affect until om 40aptance of the work to insure coup" Al �aitfiia paragraph. '"1019r., shall subadt to the Engineer wttbL --om work or in that ofanyothe r= Can xa 9"P. ad, of all shop and/or- setting dztv"�-��' imp, the various trades,.aimd,the Ugin as, making, . reqpirad..c6rrocti*", `required by the Engineer, file wi othor copies as may be needed. I.r �c#tqs.,. additional approved sets, the li_,tbe.-four copies for the Engineer plus thi, 001-44i o MOnufacturer. The Engineorl,s approval of ev .ove =the Contractor from responsibility fbr," die- Cpecif cation* unless he has in writing called'. tote? SP 7 -iy `.-attention to such deviations at the time of submission nor shall it retie ,` '".41rom responsibility for errors of any sort in shop drawings or schedules 22 ENGINEER ' henever the word Engineer is used in this contract, it ae referring to Parkhill, Smith 6 Cooper, Inc., Consulting and El .Paso, Texas, Engineer of the Owner, or 3v�cit ,sor or Inspector as may be authorized by said Owner to SAFETY A Mtxactor shall strictly comply with all rec�uir t tt and Health Administration .(OSHA) Manual, A' ION, TRENCHING AND SHORING for all trenc 3 g 'of trenches are encountered which are over fi"►e cua the trench walls to the angle of repose Mall submit alternate shoring details toe a O&INGS T ° d:.progress meeting will be held not less thok} ab a-04"red by the progress of the .work 4. ttkcontractors active on the site *U`� ►; Cw itlinat-6 and preside ,` at the moiet3s R '� # min<ztes of the meetings.•- The li ' �� �fi�'Progress of `. to work, Maintain. coo Jre'solve any :problems relating to tho , ZZ y r u: Yf p rv3 ice' df. -.•< - ,' Y'n , 41 { a :west s SP - 8 k -g y� 4 ~ti yZ NOTICE OF ACCEPTANCE a - - R oa1r °Wirt considered the proposals submitted and opened on the +dory of for work to be done and moterials to be furnished in and for: rawer:w :plseifjtations, Plow, and Contract Documents for eueh work for tfN�s91� -fair,-egyitsble and to the best f-to rest of said City, - ¢ i "tie pity Cam i l of the City of Lubbock an the day of frubject'to the executicn.of and furnishing of d l contract +" a M _ Yaw t tl btbar cpA nta specified and respired to be executed an*. fwrer si 'for you to "sane and furnish to the City of Lubboei /at i+softipt of this Notice.` b sWfty, aubnitted with your proposal,, will be`returtwd:a-OW x n, ri iltin the. above apscified tat► (10) 'day period. In.' *V"., s s'and bonds within the ttm limit apecitied, seiif lM�lti tt x 4 CITY .OF .:LAMB*'- } p OwrwrNa . A Yrw'•� G - V 4 H n R 1 y ml SECTION 01030 ALTERNATES PART 1 GENERAL 1.1 SECTION INCLUDES A. Submission procedures. B. Documentation of changes to Contract Sum/Price and Contract Time. 1.2 REQUIREMENTS A. Alternates quoted on Bid Forms will be reviewed and accepted or rejected at the Owner's option. Accepted Alternates will be identified in the Owner -Contractor Agreement. B. Coordinate related work and modify surrounding work to integrate the Work of each Alternate. 1.3 SELECTION AND AWARD OF ALTERNATES A. Indicate variation of Bid Price for Alternates described below and listed in the Bid Form document or any supplement to it, which requests a "difference" in Bid Price by adding to or deducting from the base bid price. B. Bids may be evaluated on the base bid price. After determination of lowest bidder, consideration will be given to Alternates and Bid Price adjustments. 1.4 SCHEDULE OF ALTERNATES A. Alternate No. 1 - Perimeter Joint Sealant Base Bid Item: Sections 07900 (Joint Sealers) and Drawing numbers S1 and S2 including referenced details. Alternate Item: Sections 07900 (Concrete Sealer) and Drawing number S1 specifically "Plan Note 4." PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 4668-93 01030 - 1 SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Project record documents. E. Operation and maintenance data. F. Warranties. G. Spare parts and maintenance materials. 1.2 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. B. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.3 FINAL CLEANING A. Clean debris from roof. B. Clean site; sweep paved areas, rake clean landscaped surfaces. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.4 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed Shop Drawings, Product Data, and Samples. B. Store record documents separate from documents used for construction. 4668-93 01700 — 1 r r C. r D. - E. F. 1.5 A. B. C a E. F. 1.6 A. Record information concurrent with construction progress. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and modifications. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Field changes of dimension and detail. 2. Details not on original Contract Drawings. Submit documents to Engineer. OPERATION AND MAINTENANCE DATA Submit two sets prior to final inspection bound in 8-1/2 x 11 inch text pages bound with durable cover. Prepare binder cover with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, Subcontractors, and major equipment suppliers. Part 2: Operation and maintenance instructions, arranged by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment. 3. Parts list for each component. 4. Operating instructions. 5. Maintenance instructions for equipment and systems. 6. Maintenance instructions for finishes, including recommended cleaning methods and materials and special precautions identifying detrimental agents. Part 3: Project documents and certificates, including the following: 1. Shop drawings and product data. 2. Air and water balance reports 3. Certificates 4. Photocopies of warranties. Submit final volumes revised, within ten days after final inspection. WARRANTIES Provide notarized copies. 4668-93 01700 — 2 B. Execute and assemble transferable warranty documents from Subcontractors, suppliers, and manufacturers. C. Submit prior to final Application for Payment. D. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within 10 days after acceptance, listing date of acceptance as start of warranty period. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 4668-93 01700 — 3 SECTION 07900 JOINT SEALERS PART 1 GENERAL 1.1 SECTION INCLUDES A. Replacement of existing sealant joints and joint backing. B. Replacement of existing expansion joints with polymer concrete and sealant. 1.2 REFERENCES A. ASTM D1056 - Flexible Cellular Materials - Sponge or Expanded Rubber. 1.3 SUBMITTALS A. Product Data: Provide data indicating sealant chemical characteristics, performance criteria, substrate preparation, limitations and color availability. B. Manufacturer's Installation Instructions: Indicate special procedures, surface preparation and perimeter conditions requiring special attention. 1.4 QUALIFICATIONS A. Applicator: Company specializing in performing the work of this section with minimum three years documented experience. Concrete sealer applicator shall be licensed by the manufacturer. 1.5 WARRANTY A. Provide 5 year warranty under provisions of Section 01700. B. Include coverage for installed sealants and accessories which fail to achieve water tight seal, exhibit loss of adhesion or cohesion, or do not cure. PART 2 PRODUCTS 2.1 SEALANTS A. Silicone Sealant: Equal to Dow Corning 902 RCS. B. Polyurethane Sealant: Equal to Sikaflex -lA, Sikaflex -2C, or NS. 2.2 POLYMER CONCRETE REPAIR MATERIALS A. General: Rebuild expansion joint block -out areas, as shown, with polymer product equal to: Silspec 900 Polymer Nosing System by Silicone Specialties, Inc. 4668-93 07900 - 1 r 2.3 ACCESSORIES ` A. Primer: Non -staining type, recommended by sealant manufacturer to suit application. r B. Joint Cleaner: Non -corrosive and non -staining type, recommended by ` sealant manufacturer; compatible with joint forming materials. r C. Joint Backing: ASTM D1056; round, closed cell polyethylene foam rod; oversized 25 percent minimum larger than joint width. D. Bond Breaker: Pressure sensitive tape recommended by sealant manufacturer to suit application. PART 3 EXECUTION 3.1 EXAMINATION A. Verify that substrate surfaces and joint openings are ready to receive work. B. Verify that joint backing and release tapes are compatible with sealant. C. Coordinate with Owner to determine areas and extent of repair work required. 3.2 PREPARATION A. Protect occupied lower levels from cleaning operations. Notify owner of intended work area for purposes of barricades. B. Remove loose materials, all existing sealant material to a depth adequate to install backer rod and sealant with recess. C. Clean existing concrete substrate at sealant joints by sandblasting. Perform sandblasting in two passes - one pass per joint face. Sandblasting should comply with federal and state laws. Proper protective equipment must be worn. D. Expansion joint recess shall have all unsound concrete removed. The blockout must be perfectly clean and dry immediately prior to installation of epoxy grout and sealant. Repair spalled concrete areas with approved epoxy grout materials. E. Blow out dust, loose particles and other debris from the joints in only one direction with oil- and water -free compressed air. F. Apply recommended primer to joints in accordance with manufacturer's instructions. G. Protect elements surrounding the work of this section from damage or -- disfiguration. 4668-93 07900 - 2 H. Prepare surfaces to receive concrete sealer by removing all existing coatings, sealers, oils, grease, dirt, residues, laitances and any .,. other contaminants that may inhibit the product's penetration using an acid solution and rinse, or high pressure water blast methods. 3.3 INSTALLATION A. Install sealant in accordance with manufacturer's instructions. - B. Measure joint dimensions and size materials to achieve required width/depth ratios. C. Install joint backing to achieve a neck dimension no greater than 1/3 of the joint width. D. Install bond breaker where joint backing is not used. E. Install sealant free of air pockets, foreign embedded matter, ridges, and sags. F. Apply sealant within recommended application temperature ranges. Consult manufacturer when sealant cannot be applied within these temperature ranges. _. G. Tool joints concave. • 3.4 CLEANING A. Clean adjacent soiled surfaces. 3.5 PROTECTION OF FINISHED WORK A. Protect sealants until cured. END OF SECTION 4669-93 07900 - 3 MAP IN FILE SEE RESOLUTION PLAN NOTES: 0--------- Q1 REMOVE 1" EXPANSION JOINT MATERIAL, CLEAN AND PREPARE CONCRETE BLOCK -OUT, INSTALL NEW 1" EXPANSION JOINT ASSEMBLY. REFERENCE DETAIL 1/S2. 540 LINEAR FEET SHOWN fff/f/,. Q2 CONCRETE LIGHT POLE SUPPORT, 18" SQUARE, CLEAN AND PREPARE 1/2" JOINT AND INSTALL NEW SEALANT. REFERENCE DETAIL 2/S2. 36 LINEAR FEET. 03 ALTERNATE No.1 - CLEAN AND PREPARE 1 /2" JOINT AT TOPPING SLAB, INSTALL NEW SEALANT, REFERENCE DETAIL 2/S2. 1434 LINEAR FEET. ® NEW JOINT SEALANT TERMINATES. REFERENCE DETAIL 3/S2. GENERAL NOTES: I. THE QUANTITIES SHOWN IN THE PLAN NOTES ARE ESTIMATED AND SHALL BE USED IN THE BID PROPOSAL 2. LOCATIONS OF WORK ON THE PLAN IS APPROXIMATE, EXACT LOCATIONS SHALL BE VERIFIED WITH ENGINEER. 3. WIDTH OF NOSING SYSTEM SHALL BE VERIFIED BY THE CONTRACTOR. UPPER LEVEL PLAN 0 NORTH SCALE: 1' =40' -0" SEALANT DETAIL 3/S2 SCALE: 3" = 1'-0" v EXISTING CONCRETE TOPPING EXISTING PRE -CAST CONCRETE DETAIL 1 /S2 SCALE: 3" = 1'-0" EXISTING CONCRETE TOPPING EXISTING PRE -CAST CONCRETE SEALANT (RECESS 3/8") BOND BREAKER REMOVE EXISTING SEALANT AND E.J. MAT'L. 1/2' DEEP YISTING CONCRETE DETAIL 2/S2 SCALE: 3" = 1'-O" a 3 a