HomeMy WebLinkAboutResolution - 4235 - Contract - Beale Construction Inc - Citibus Sign & Shelter Installation - 08_26_1993Resolution No. 4235
August 26, 1993
Item #24
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 Beale Construction, Inc. for the installation
of a Citibus sign and shelter, 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:
et y'M. Johnsvon, City Secretary
APPROVED AS TO CONTENT:
kj—"" t-<�', It -4' dd -
Tic or man, Vurchasing snag
APPROVED AS TO FORM:
uonala ti. vanaiver, t-TrSL AMS
City Attorney
DGV:js/HEALECON.RES
D2-Agsnda/August 17, 1993
CITY OF LUBBOCK
SPECIFICATIONS FOR
CITIBUS SIGN AND
SHELTER INSTALLATION
BID #12670
«It0?�pW,
CITY OF LUBBOCK
Lubbock, Texas�-5
��z35
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 Beale Construction, Inc. for the installation
of a Citibus sign and shelter, attached herewith, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this day of
ATTEST:
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
tI—,) /)
� ti-
is or man, [Purchasing anag
APPROVED AS TO FORM:
1
Wald an ever, Fifst Assistan-t-
City Attorney
WV: js/BEMXC0N.RES
D2-Agenda/August 17, 1993
r—
1993.
rN
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: CITIBUS SIGN AND SHELTER INSTALLATION
ADDRESS: 801 Texas Averwe,
LUBBOCK, TEXAS
BID NUMBER: 12670
PROJECT NUMBER: 2171-551190-4511
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
F
1
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
INDEX
PAGE
NOTICETO BIDDERS..........................................................................................5
GENERALINSTRUCTIONS TO BIDDERS ............................................. .............................7
BIDPROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................15
PAYMENTBOND..............................................................................................21
PERFORMANCEBOND..........................................................................................25
CERTIFICATEOF INSURANCE..................................................................................29
CONTRACT..................................................................................................33
GENERALCONDITIONS OF THE AGREEMENT.......................................................................37
CURRENTWAGE DETERMINATIONS...............................................................................55
SPECIFICATIONS............................................................................................57
SPECIALCONDITIONS........................................................................................59
NOTICEOF ACCEPTANCE......................................................................................61
2
r .
4 '
r
r
L .
k:
r
NOTICE TO BIDDERS BIDDERS
r
r .
g
r
NOTICE TO BIDS
BID ff 12670
Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at
the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401,
until 22:00 o'clock p.m. on the 11th day of August, 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:
CITIBUS SIGN AND SHELTER INSTALLATIONS
After the expiration of the time and date above first written, said sealed bids 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 26th day of August, 1993, at Municipal Bldg.,
Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or
all bids and waive any formalities. The successful bidder will be required to furnish a performance bond
and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the
total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should
be issued by a company carrying a current Best Rating of 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
than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that
all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, disability, or national origin in consideration for an award.
There will be a pre -bid conference on 4th day of August. 1993, at 11:00 o'clock a.m., Conference
Room 108, 1625 13th Street, 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.
W
UBSOCK
CITY 0ield SENIOR BUYER
ADVERTISEMENT FOR BIDS
BID 9 12670
Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department,, City of Lubbock, Texas, will
be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until
2:00 o'clock p.m. on the 11th day of August, 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:
CITIBUS SIGN AND SHELTER INSTALLATIONS
After the expiration of the time and date above first written, said sealed proposals will be opened by the
Buyer at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of the
Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages
included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas.
Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the
requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of
wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or
national origin in consideration for an award.
There will be a prebid conference on 4th day of August. 1993, at 11:00 o'clock a.m.,-Conference Room 108,
Municipal Building, 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid
meetings and bid openings are available to all persons regardless of disability. If you would like bid information
made available in a more accessible format or if you require assistance, please contact the Purchasing Department at
(806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room L-04 at least 48 hours in advance of the
meeting.
CITY F LUBBOC
Ron Shuffield
Senior Buyer
GENERAL INSTRUCTIONS TO BIDDERS
6
FGENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General
Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
construction of this project and shall be responsible for the satisfactory completion of all work contemplated by
said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered
by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to
Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 30 (thirty) calendar days from
the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City
that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the
Contractor to take such action as the City deems necessary to insure completion of the project within the time
specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to
execute an affidavit that all bills for 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.
1-1
7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately
until incorporated into the project. The presence or absence of a representative of the City on the site will not
relieve the Contractor of full responsibility of complying with this provision. The specifications for materials
and methods set forth in the contract documents provide minimum standards of quality which the Owner believes
necessary to procure a satisfactory project.
B. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective
materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the owner, a written general
guarantee which shall provide that the Contractor 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).
4. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the
proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of
Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to
be incorporated into the work without paying the tax at the time of purchase.
0
6M,
i*
P
l 12. PR07ECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the project
contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location
of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the
Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by
Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by
Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced
by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs,
and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the
project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from
the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume
full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in
all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger
life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms,
or corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract,
it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground)
in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given
sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their
property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage
resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at 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
r General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas
f and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation
or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall
contain an agreement on the part of the insurer waiving the right to subrogation.
The insurance certificates furnished shad 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 particulgraproject 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'& Annotated Civil Statutes providing for the
payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the
schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor
from compliance with any wage law that may be applicable. Construction work under this contract requiring an
inspector will not be performed on weekends or holidays unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service
to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to
complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must
notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires
to do work and obtain written permission from the Owner's Representative to do such work. The final decision on
whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's
Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under
this contract which is hazardous or dangerous to property or life, the Contractor shalt immediately commence work,
regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer
dangerous to property or life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under
this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not
less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall
not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a
certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification,
the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true
and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the
future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the
classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included
in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars
for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or
mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of
general prevailing rate of per diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Poposals submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to
the bidder without being considered.
11
PM
L 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 materiels required. Such prices shall be written in ink, distinctly and legibly,
r or typewritten. In case of discrepancy between the price written in words and the price written in figures, the
price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him
or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and
address of each member must be given and the proposal signed by a member of the firm, association or partnership, or
person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and
L 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
r" the proposal. The proposal shall be executed in ink.
7
r
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 following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(1) Insurance Certificates.
(j) ALL other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
12
F
BID PROPOSAL
14
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
PLACE:
` DATE:
a PROJECT NUMBER: 12670 - CITIBUS SIGN AND SHELTER INSTALLATION
Proposal of - �diUcf. deC-77AUe::�1�6 (hereinafter calledVrider)
f
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
7 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,
P= materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents,
within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the
work required under the contract documents.
r
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 30 (THIRTY) consecutive calendar days thereafter as
stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated
damages the sum of $100.00 (ONE HUNDRED Dollars) for each consecutive calendar day in excess of the time set forth
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.
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.
t
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
1, 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.
r
7 16
}, Dollars Enclosed with this proposal is a Cashier's Check or Certified Check for
(f / : ` ) or a Proposal Bond in the sum of Dollars (E ) which it is j
agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner
r and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within
v
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 mAdR rwnilable to him for his inspection in accordance with the Notice to Bidders.
Contractor
B .- �-
1
PIcS.Q�r/r
CSeal if Bidder is a Corporation)
G
ATTEST:
1.
Secretary t
r {(
7_
17
EXHIBIT A
80 PROPOSAL
BID FOR UNIT PRICE CONTRACTS
r
E
REM OUANRTIES UNIT TOTAL
NO. 6 UNITS DESORPTION OF REM i UNIT PRICE COST AMOUNT
1. 134 INSTALLATION OF SIGN AND POSTS WITH CONCRETE
ATTACHMENT'
ad i
L SERVICES: DOLLARS ($ �O 1 t 7dG
ad 3 0 `J
}r' MATERIALS: DOLLARS
l f 7 �Q
TOTAL ITEM 1: eifaq& T. eaoo P' rQ/ n �aa DOLLARS IS c
2. 12 INSTALLATION OF BUS SHELTERS AS SPECIFIED
ITEMS ±-112.- TT CKI.11E`rr •:71
q c.
SERVICES: DOLLARS (S / W ' ) s
a� ej
MATERIALS: DOLLARS (t ) s �f ya6
TOTAL ITEM 2: %%147 Fr) 77f4T&D , T Or 11dr0V Q V DOLLARS IS MOO ) t
4-Arar
3. 3 REMOVE AND RELOCATE BUSSHELTERS AS SPECIFIED,
ITEMS 13.14. AND 1S, ATTACHMENT'G'
CO c0
SERVICES: DOLLARS (S
MATERIALS: DOLLARS (S ) t
r --y�/ r✓ i Cc
TOTAL REM 3: / Oelefo ' Ti�'ffI!(Slf.yo ^ /��'--" DOLLARS (S /tea 1 t QO6 /
TOTAL SERVICES: DOLLARS (S ) f
TOTAL MATERULLS: DOLLARS
�a
TOTAL REM(1-3Tmr!..-- iL_Ta y�/.Wd __DOLLARS r1;
ALTERNATE BID
1. 134 INSTALLATION OF SIGNS AND POSTS WITHOUT CONCRETE
ALTERNATE 01
r SERVICES: DOLLARS (t ±v 1 tT
MATERIALS: DOLLARS (c , 1 =
fI TOTAL ALTERNATE 01 �/ r'✓� T,dOp 5,6�„rJ TN2�if DOLLARS (E Q ✓ 6636o. Cd
r
r"
«
UST OF SUBCONTRACTORS
4
«
This form shall be completed and submitted with the Bidder's Proposal.
Minority Owned
Yes No
r 2. —
1 3. —
S. — —
6. —
r 7. _ —
f;
r 9. — —
i.
t
I
19
PAYMENT BOND
21
I
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
r.. OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
" ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that
Principat(s), and
(hereinafter called the Principat(s), as
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Dollars (S ) lawful money of the United States for
the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors
and assigns, Jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of
, 19�, to
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.
4 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants
supplying labor and materiat to him or a subcontractor in the prosecution of the work provided for in said contract, then,
this obligation shatt be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond it executed pursuant to the provisions of Article 5160 of the Revised Civil
Statutes of Texas as amended by Acts of the 56th Legislature, Regutar Session, 1959, and ell tiabilities on this bond shall
be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein.
117
F23
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day
of 19_
Surety
Principal
•By:
(Title)
By:
(Title)
By:
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service
of process may be had in matters arising out of such suretyship.
Surety
• By:
(Title)
Approved as to form:
City of Lubbock
By:
City Attorney
+� Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
24
PERFORMANCE BOND
25
r
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
i
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Dollars (! ) lawful money of the United States for
r the payment whereof, the said Principal and Surety bird themselves, and their heirs, administrators, executors, successors
and assigns, jointly and severally, firmly by these presents.
�.. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of
r 19_, to
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE COND1710H OF THIS OBLIGATION 1S SUCH, that if the said Principal shall faithfully perform the
work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to
remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil
Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be
u determined in accordance with the provisions of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of
19_
Surety
* By: —
(Title)
F
Principal
By:
(Title)
By:
(Title)
By:
(Title)
F 27
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of
process may be had in matters arising out of such suretyship.
Surety
•By:
(Title)
Approved as to Form
City of Lubbock
By:
City Attorney
" Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
28
CERTIFICATE OF INSURANCE
29
r�
CERI.IJ�ICATE OF TNSUKANCf_ ; DATF.
U9/U1/93
PRODUCER-___-_____-_-'THIS_CERTIFIC:ATE_IS-ISSUED AS A_MATTER OF_INFORMATIOI
7 BUTLER-LAUER-CARSON (ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
INSURANCE AGENCY (HOLDER. THIS CERTIFICATE.. DOES NOT AMEND EXTEND OR
7204 JOLIET AVE. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
LUBBOCK, TX 79423 -----------------------------------------------------
COMPANIES
,•� �-----------------------------------------------------
'COMPANY AFFORDING COVERAGE
_---^_--_----`_-_------_--^-LETTER-A^MARYLAND- INSURANCE_ COMPANY
INSURED pp 'COMPANY -LETTER -B-ST-PAUL�FIRE -AND -MARINE
-----------
PIO. BOXL200pCK -----------------------------------------------------
P.O. COMPANY LETTER C
'
` LUBBOCK, TX 79457 ----------------------------------------------------
'COMPANY LETTER D
- --------------------------------------
;COMPANYLETTER --------------------------------------------------------------------------------
COVERAGES
--------------------------------------------------------------------------------
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO
THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
P" BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND
CONDITIONSOFSUCHPOLICIES. LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS_ - -- - _ , _y - -- -
CO ' ' ' POLICY ' POLICY ' LIMITS
LTRI TYPE OF'INSURANCE i POLICY NUMBER IEFF DATEIEXP DATE(
_-_I--_:.________________I_______________I____---- I___- ---- I---------------------
IGENERAL LIABILITY I ' 1 IGEN AGG 500,000
i COMMERCIAL G/L 1 1 I (PROD AGG 500000
1 [ ]CLAIMS [ ]OCCRI I I IPERS INJ 500:000
A '1 X OWNER&CONTRACTORS'EC65023757 18-31-93 18-31-94 'EACH OCC 500 000
I I I I 'FIRE DMG 50 600
---I-------------------- I --------------- I -------- I -------- IMED-EXP---5,b00------
IAUTOMOBILE LIABILITY' I I I
1 ANY AUTO I I I ICSL---$------ _ -`
' ALL OWNED AUTOS
1 SCHEDULED AUTOS I 1 i 'BI (PERS)$
1 I I I i_________
------------
HIRED AUTOS
' NON -OWNED AUTOS I i I IBI-(ACC)-$
GARAGE LIABILITY
---J--------------------'-------------- I --------I-------- I ----- DMG_$-------- --
I ]
EXCESS LIABILITY I I I 'EACH OCC
IE ]UMMBRELLAF ORMBR. I I I IAGGREGATEJ
_-_1--- -----------------1--------------- I-------- I-------- I---------------------
I 1 I 1[ ]STATUTORY L1MI,,TS
'WORKERS COMPENSATIONI i I IEACH ACC
1 AND I I I IDIS LIMIT
(EMPLOYERS' LIABILITY' I I IDIS EMPL
---I--------------------I---------------I--------I--------I---------------------
'OTHER I I I I
I \ I 1 I I
DESCRIPTIO OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS _ ~__ _ _
' CITY BUS SI64 AND SHELTER INSTALLATION - BID112670
. CERT--- ------------------------------------------------
IFICATE Hb-CANCLLLATION
-------------------------------------- -----------------------------------------
'SHOULD ANY OF THE ABOVE DESCRIBED
1 (POLICIES BE CANCELLED BEFORE THE EXPIR-
ATION DATE THEREOF, THE ISSUING COMPANY
i WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
I (NOTICE 10 THE CERTIFICATE HOLDER NAMED
1 'TO THE LEFT', BUT FAILURE TO MAIL SUCH
'
1 NOTICE SHALL IMPOSE NO OBLIGATION OR
I ILI_ABILITY OF ANY KIND UPON THE COMPANY,
BEALE CONSTRUCTION, INC I IIIS AGENT"ti OR PRESENTATIVE:S.
7745-19TH SPACE #63 I I--------- --- -- _ __.--_------
r LUBBOCK, tX 79407 ; I AU I H 0 R i lE:f.� PR .,ti. .l Vf:
�JOHN CARSON
CIA-025 IRS - AIM`;
r
F
r
r
I
F
CERTIFICATE OF INSURANCE ;DATE
;09/01/93
PRODUCER jTHIS CERTIFICATE IS ISSUED AS A MATTER OFINFORMATIOt
BUTLER-LAUER-CARSON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOTS NOT AMEND EXTEND OR
7204 JOLIET AVE. ALTER THE COVERAGE AFFORDED BY THE POLIL�IES BELOW.
LUBBOCK, TX 7942.3----------------------------------------------------
--
I-----------COMPANIES-AFFORDING-COVERAGE------__-_
__________________________I � COMPANYLETTER_A_MARYLANDM� INSURANCECOMPANY
- INSURED COMPANY LETTER B ST. PAUL FIRE & MARINE INS CO
BEA�E CONSTRUCTION INC.___________________________________________________
774 19TH STREET 093 'COMPANY LETTER C
794gg !_
0�CK, TEXASICOMPANYMLETTER_D-_-r_________________________________
;COMPANY LETTER E
COVERAGES
--------------------------------------------------------------------------------
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO
THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY
REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND
CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN -REDUCED BY PAID CLAIMS.
CO ' ' ' POLICY ' POL.ICY ' LIMITS
LTRI TYPE OF -INSURANCE I POLICY NUMBER IEFF DATEIEXP DATE'
--
I-------------------- I --------------- I ---- --- 1_-------1---------------------
IGENERAL LIABILITY I I I IGEN AGG 1,000,000
A I X COMMERCIAL G/L 1ECA20015203 '8-31-93 18-31-94 (PROD AGG 1 000 000
[ ]CLAIMS [X]OCCRI ' 1 IPERS INJ 560,0a0
1 OWNER&CONTRACTORS' I I 'EACH OCC 500:000
i 1 I i 'FIRE DMG 50,000
-
--I-------------------- I ---------------I-------- '-------- IMED-EXP-----5,000----
I AUTOMOBILE LIABILITY' I I I
A I X ANY AUTO 'WAA20015450 18-31-93 18-31-94,'CSL $500,000
I -ALL OWNED AUTOS I I I I_________
I SCHEDULED AUTOS i 1 ' 1BI (PERS)$- - -^ r
I I I I I________-___
X HIRED AUTOS ---------
I X NON -OWNED AUTOS I I 1 1BI (ACC) $
I GARAGE LIABILITY I I I I_____________________
PROP
---I---------- --------I---------------1--------I--------I-----DMG_$_----------
'EXCESS LIABILITY 'UBA68077677 ' 8-31-931111-30-93'EACH OCC 11
I I
A '[XJUMBRELLA FORM 1 I 'AGGREGATE1:000:000
1 OTHER THAN UMBR. I I
---1_____--------------- I-------- 1-------- I---------------------
1( ]STATUTORY LIMITS
B IWORKERS COMPENSATION' WVA9101620 111-10-92111-10-93'EACH ACC 10000(T
I AND I I I 1DIS LIMIT 500:000
'EMPLOYERS' LIABILITY' I I IDIS EMPI_ 100,000
-
--I--------------------I---------------'--------I--------I---------------------
IOTHER I I I I
I I I I I
I I I I I
I I I I I
- ------------
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CONCRETE CONTRACTOR
- - --
CERTIFICATE HOLDER
- - - ~-~--______________________
CANCELLATION
---------------------------------------
-----------------------------------------
' 'SHOULD ANY OF THE ABOVE DESCRIBED
1 (POLICIES
BE CANCELLED BEFORE THE EXPIR-
i ATION DATE THEREOF, THE ISSUING COMPANY
WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
I 'NOTICE
TO THE CERTIFICATE HOLDER NAMED
' 'TO THE LEFT, BUT FAILURE TO MAIL SUCH
' 'NOTICE SHALT. IMPOSE NO OBLIGATION OR
I ILIABILITY
OF ANY KIND UPON THE COMPANY,
' 'ITS
CITY OF LUBBOCK
AGENTS OR REPRESW ATIVFS.
P.O. BOX 2000
LUBBOCK, TX 79457
I -----------
1 IAUTHORIZFD R_ h Af[Vl:
�JOHN CARSON
CIA-025
IPS-ATMS
cq
L__-y L- [ l L L_
L- L- L-
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 26th day of 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 BEALE CONSTRUCTION. INC. of the City of Lubbock, County of Lubbock and the State of Texas, hereinafter termed
CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees
with OWNER to commence and complete the construction of certain improvements described as follows:
BID 912670 - CITIBUS SIGN AND SHELTER INSTALLATION - AMOUNT OF $24,240.00
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.
IN WITNESS WHEREOF, the parties to these presents have a) i11i� agreement in Lubbock, Lubbock County, Texas in the
year and day first above written. --7
ATTEST:
Corporate Secretary
B L44-14uo" -X
"
MA R�
BEALE CONSTRUCTION
y�
TITLE:
COMPLETE ADDRESS:
7745 19th Street. Space 63
Lubbock, Texas 79407
35
n
GENERAL CONDITIONS OF THE AGREEMENT
37
GENERAL CONDITIONS OF THE AGREEMENT
i. OWNER
Whenever the word owner, or the expression Party of the First Part, or First Party, are used in this contract, it
shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
a
4.
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: BEALE CONSTRUCTION, INC. who has
agreed to perform the work embraced in this contract, or to his or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to Ann Whitehouse, Administrative Assistant, City of Lubbock, raider whose supervision these contract
documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such
other representative, superviso, 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.
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
L
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
7 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
7 interpretations of the meaning of the words, terms, or clauses defining the character of the work.
F
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.
f:
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
l the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to
the last business address known to him who gives the 3 $ce.
r
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities
necessary for the execution and completion of the work covered by the contract documents. Unless otherwise
specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor
r shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work
described in words which so applied have well known, technical or trade meaning shall be held to refer such
recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has
been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check
the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's
request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in
accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him
and he shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
PM The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed
work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not
be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor
r+ will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety
precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the
completed project will conform to the requirements of the contract documents, but he will not be responsible for the
P" Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite
a
observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner
against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the
r. work contemplated by these contract documents or the completion of the work contemplated by these contract
documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to
comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no
extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and
rplace where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the
f Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such
stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense.
a
r" 39
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 shalt review all work included herein. He has the authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to
discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the
amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall
determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every
question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's
Representatives's estimates and findings shall be conditions precedent to the right of the parties hereto to
arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this
contract; provided, however, that should Owner's Representative render any decision or give any direction, which in
the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party
may file with said Owner's Representative within 30 days his written objection to the decision or direction so
rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter
provided. It is the intent of this Agreement that there shalt be no delay in the execution of the work, therefore,
written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any
claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor
a written decision on all claims of the parties hereto and on all questions which may arise relative to the
execution of the work or the interpretation of the contract, specifications and plans. Should the owner's
Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his
decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem
proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is
furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all
reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper
inspection and examination of the work. the Contractor shall regard and obey the directions and instructions of any
subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent
with the obligations of this Agreement and accompanying plans and specifications provided, however, should the
Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six
(6) days make written appeal to the Owner's Representative for his decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
j 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
rto him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable
r 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.
7
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and
all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work.
40
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and
Location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work,
and the general and local conditions, and all other matters which in any way effect the work under this contract.
No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the
execution of this contract, shall effect or modify any of the terms or obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work
required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him
in writing that any man or men on.the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materiels necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is
also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of
any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all
times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation,
shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the
Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work.
Contractor shall make necessary arrangements and provide proper facilities and access for such observation and
testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any
observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time
each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found
to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the
time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the
work through oversight or otherwise. if any work should be covered without approval or consent of the Owner, it
must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the
event that any part of the work is being fabricated or manufactured at a location where it is not convenient for
Owner or Owner's Representative to make observations of such work or require testing of said work, then in such
event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates
of inspection, testing or approval made by persons competent to perform such tasks at the location where that part
of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed
by the American Society for Testing and Materials or such other applicable organization as may be required by law or
the contract documents.
.. 41
r
i
If any work which is required to be inspected, tested, or approved is covered up without written approval or consent
r of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered
for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals
shall be borne by the Contractor unless otherwise provided herein. Any work which fails to 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 slake 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
k in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in
conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice
thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so
that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated
as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the
Line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for
a claim for damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
r according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such
changes or alterations as shall make useless any work already done or material already furnished or used in said
work, then the Owner shall recompense the Contractor for any material or labor to used, and for any actual loss
occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
k The term "extra work" as used in this contract shall be understood to mean and include all work that may be required
by the Owner or owner's Representative to be done by the Contractor to accomplish any change, alteration or addition
to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal,
except as provided under Changes end Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
resented with a written work order signed ' p g 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:
F
Method (A) - By agreed unit prices; or
PM Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then
the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per
cent.
42
In the event said extra work be performed and paid for under Method (C), then the'provisions of this paragraph shall
apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and Laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the
time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together
with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits,
Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may
be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's
Representative may direct the form in which accounts of the actual field cost shall be kept and records of these
accounts shall be made available to the owner's Representative. The Owner's Representative may also specify in
writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to
be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices
for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest _
Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where
practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra
work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate
him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and
expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field
Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation
or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written
order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute
extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the
Contractor shall proceed with the work after making written request for written order and shall keep adequate and
accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby
preserve the right to submit the matter of payment to arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions
in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a -
clarification before the bids are received, and if no such request is received by the Owner's Representative prior
to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included
and has provided sufficient sums in his proposal to complete the work in accordance with these plans and
specifications. It is further understood that any request for clarification must be submitted no later than five
days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
43
I 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 smma►icipal laws or regulations. The
Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its
officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or'on
account of any injuries or damages received or sustained by any person or persons or property, on account of any
negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and
supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be
required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or
employees including attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by
the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are
Intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
r The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Such insurance shall be carried with an insurance company authorized to
transact business in the State of Texas and shall cover all operations in connection with this contract, whether
performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of
each subcontractor.
r
L A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of 5500.000 Combined Single
Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion S Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific Job, and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
r 44
i
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 and or property damage, $500,000 Combined Single Limit.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500.000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Honowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of (100% of potential loss)
naming the City of Lubbock as insured.
E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of $500,000 with coverage to
correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
The City is to be named as an additional insured on this policy for this specific Job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Subcontractor
on the job with Employers Liability of at least $500,000
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 insured at
the address shown in the bid specifications.
45
r
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the
Job specifications. No substitute of nor amendment thereto will be acceptable.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and
agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and priviliges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS. LABORERS, 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
E nature hereinabove designated have been paid, discharged or waived.
r If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of
[ those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five
(5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid,
r withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may
apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device,
material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner
thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall
Indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such
suits and claims and shall be responsible for all such loss when a particular design, device, material or process or
the product of a particular manufacturer or manufacturers is specified or required in these contract documents by
Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor,
r then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or
process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless
he promptly gives written notice to the Owner of such infringement.
32. LAVS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner
against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the
Contractor or his employees. If the Contractor observes that the plans and specifications are at variance
therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shell be
adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be
contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he
shall bear all costs arising therefrom.
6
46
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as
the same regulates the objects for which, or the manner in which, or the conditions' under which the owner may enter
into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though
embodied herein.
33. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to the
fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work,
or materials required in the performance of this contract, shall not relieve the Contractor from his full
obligations to the Owner, as provided by this contractual agreement.
34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning
and time for completion as specified in the contract of work to be done hereunder are essential conditions of this
contract; and it is further mutually understood and agreed that the work embraced in this contract shall be
commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any
proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration
for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum _
of $100.00 (ONE HUNDRED Dollars) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract
as herein set forth for each and every calendar day that the Contractor shall be in default after the time
stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of
the work described herein is reasonable time for the completion of the same, taking into consideration the average
climatic change and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount
is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates
for payments or from final payment.
It is further agreed and understood between the Contractor and owner that time is of the essence of this contract.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as
shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall
be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the
plans and specifications, and within the time of completion designated in the proposals; provided, also, that when
the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct
the time and manner of constructing work done under this contract so that conflicts will be avoided and the
construction of the various works being done for the Owner shall be harmonized.
The Contractor shell submit, at such times as may reasonably be requested by the Owner's Representative, schedules
which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor
will start the several parts of the work and estimated dates of completion of the several parts.
47
r
E
t.
C
36. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion
of this project, taking into consideration the average climatic range and industrial conditions prevailing in this
Locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he
shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been
delayed by an act or neglect of the Owner, Owner's Representative, employees of the owner or other contractors
employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy,
fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written
justification as may be required by Owner's Representative for such an extension as requested by Contractor. The
►�• Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the
Contractor supported by all requested documentation shall then submit such written request to the City Council of
the City of Lubbock for their consideration. Should the contractor disagree with the action of City Council on
granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time
herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the
Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this
contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's
convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such
stoppage shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area,
solid contents, number and weight only shall be considered, unless otherwise specifically provided.
In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract,
including the specifications, plans and other contract documents are intended to show clearly all work to be done
and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to
be done and material to be furnished under this contract, they are approximate and are to be used only as a basis
for estimating the probable cost of the work and for comparing their proposals offered for the work. It is
understood and agreed that the actual amount of work to be done and the materials to be furnished under this
contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the
unit price method, payment shall be for the actual amount of work done and materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
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 constriction; and he shall be liable for any and
all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees
8
to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any
adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall
rnot apply to any claim of any kind arising out of the existence or character of the work.
1.
r
a
7 48
40. PRICE FOR WORK
in consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by
the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
proposal attached hereto, which, has been made a part of this contract, and the Contractor hereby agrees to receive
such price in full for furnishing sit materials and all labor required for the aforesaid work, also, for all
expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and
according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or owner's `
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have
not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for
partial payment. Owner's Representative shall review said application for partial payment and the progress of the
work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as
completely as practical the total value of the work done by the Contractor up to and including the last day of the
preceding month; said statement shall also include the value of all sound materials delivered on site of the work
that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the
Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained
until final payment, and further, less all previous payments and all further sums that may be retained by Owner
under the terms of this agreement. It is understood, however, that in case the whole work be near to completion,
and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no
fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's
Representative pay a reasonable and equitable portion of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work
has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and
within said time, if the work be found to be completed or substantially completed in accordance with the contract
documents, the Owner's Representative shall issue to the owner and Contractor his certificate of completion, and
thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the
work to the Contractor.
49
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under the terms
of the agreement, and shall certify same to the owner, who shall pay to the Contractor on or before the 31st day
after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided
he has fully performed his contractual obligations under the terms of this contract; and said payment shall become
due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final
payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment
of any warranty which may be required in the special conditions (if any) of this contract or required in the,
specifications made a part of this contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on
T account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor
i
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.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any
damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of
substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with
reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
!� shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's
Representative has given any directions, order or instruction to which the Contractor desires to take exception.
The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in
�+ writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for
arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the
date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final
r acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any
claim by either party, except where noted otherwise inSt0he contract documents.
49. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to
the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by
each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third within ten
(10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a
resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10)
days of the demand, his right to arbitrate shall lapse, and the decision of the Owner's Representative shall be
final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's
Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any
papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract,
unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is
hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed
by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF
THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY
RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained,
such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken
without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own
compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon
either or both parties. The award of the arbiters must be made in writing and shall not be open to objection on
account of the form of proceedings or award.
so. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of
the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the
Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete
the work and a copy of said notice shall be delivered to the Contractor. -'
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with any materials and equipment under the
contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another
contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except
when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this
contract); it being understood that the use of such equipment and materials 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 supplies as
said Owner may deem necessary to complete the work and charge the expense of such labor, machinery,
equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted
and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the
Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would
have been payable under this contract, if the same had been completed by the Contractor, then said
Contractor shall receive the difference. In case such expense is greater then the sum which would have been
payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or
his Surety shall pay the amount of such excess to the Owner; or
51
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the work, may let the contract for the completion
of the work under substantially the same terms and conditions which are provided in this contract. In case
of any increase in cost to the Owner under the new contract as compared to what would have been the cost
under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain
bound therefore. However, should the cost to complete any such new contract prove to be less than that
l which would have been the cost to complete the work under this contract, the Contractor or his Surety shall
be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and
certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A
complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall
then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the owner as
the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of
certificate of completion.
i In the event the statement of accounts shows that the cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when
�,. the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then sit 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 arxi/or his Surety
fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery,
equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of
such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated
In this contract; provided, however, that actual written notice given in any manner will satisfy this condition.
After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his
Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15)
days from the date of said notice the owner may sell such machinery, equipment, tools, materials or supplies and
apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at
either public or private sale, with or without notice, as the owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the tjobsite and belong to persons other than.
the Contractor or his Surety, to their proper owners.
r
1 51. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with
said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or
wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the
ground that have not been included in payments to the Contractor and have not been incorporated into the work.
Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which
estimate shall include the value of all work actually completed by said Contractor at the prices stated in the the
attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all
Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum
to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot
be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by
F deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the
Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or
before thirty (30) days after the date of the notification by the Contractor the balance shown by said final
statement as due the Contractor, under the terms of this Agreement.
52
52. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article
5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said
contract 'price exceeds S25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not
be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved
Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall
not be in effect until such bonds are so furnished.
53. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions
shall control.
54. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be
done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be
sustained and borne by the Contractor at his own cost and expense.
55. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to
direct, supervise, and control his own employees and to determine the method of the performance of the work covered
hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during
his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or
Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the —
Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the
Contractor's own employees or to any other person, firm, or corporation.
56. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and —
shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of
dispute Owner may remove the debris and charge the cost to the Contractor.
53
CURRENT WAGE DETERMINATIONS
54
Resolution #2502
January 8, 1987
Agenda Item #18
F
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
F.
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.
i 1 I E
,
Ranettd�,Boyd, City Secretary
APPROVED T ONTENT:
Bi 1 Pdyne, Dilrector of Building
Services
& :hU04--4
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Do Id G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
P 'li
revai ng Rates
Craft Hourly Rate
Acoustical Ceiling Installer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
10.50
Bricklayer -Helper
5.00
Carpenter
11.00
Carpenter -Helper
5.50
Cement Finisher
7.35
Drywall Hanger
8.70
Electrician
10.50
Electrician -Helper
5.25
Equipment Operator -
Heavy
8.00
Light
5.70
Floor Installer
8.00
Glazier
7.50
Insulator, Piping/Boiler
9.50-
Insulator-Helper
5.00
Iron Worker
7.30
Laborer, General
4.75
Mortar Mixer
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65
Roofer -Helper
4.75
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder - Certified
8.00
i
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourlv Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
Ir
EXHIBIT C
Electric ConstructionTrades
Prevailing Wage Rates
Craft
Power Line Foreman
Lineman Journeyman
Lineman Apprentice Series
Groundman Series
Hourly Rate
$11.00
10.45
8.90
7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
General Decision Number TX930028
Superseded General Decision No. TX910028
State: TEXAS
Construction Type:
Heavy
Highway
County(ies):
ECTOR POTTER TOM GREEN
LUBBOCK RANDALL
MIDLAND TAYLOR
HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not
include building structures in rest area projects).
Modification Number Publication Date
0 02/19/1993
TX030028 -
COUNTY(ies):
ECTOR POTTER
TOM GREEN
LUBBOCK RANDALL
MIDLAND TAYLOR
SUTX2037A 11/13/1991
Rates
ASPHALT HEATER OPERATOR
$7.467
ASPHALT RAKER
7.267
ASPHALT SHOVELER
6.400
BATCHING PLANT WEIGHER
9.799
CARPENTER
8.153
CARPENTER HELPER
6.881
CONCRETE FINISHER -PAVING
7.496
CONCRETE FINISHER HELPER PAVING
6.500
CONCRETE FINISHER STRUCTURES
8.148
CONCRETE FINISHER HELPER STRUCTURES
6.987
ELECTRICIAN
10.000
ELECTRICIAN HELPER
9.500
FLAGGER
5.500
FORM BUILDER -STRUCTURES
8.021
FORM BUILDER HELPER STRUCTURES
7.000
FORM SETTER - PAVING &CURB
8.300
FORM SETTER HELPER -PAVING & CURB
6.307
FORM SETTER -STRUCTURES
7.839
FORM SETTER HELPER STRUCTURES
6.479
LABORER -COMMON
6.018
LABORER UTILITY
7.102
MECHANIC
10.282
MECHANIC HELPER
8.000
OILER
8.233
SERVICER
7.823
PIPE LAYER
7.000
PIPE LAYER HELPER
6.250
ASPHALT DISTRIBUTOR OPERATOR
7.972
ASPHALT PAVING MACHINE
8.187
BROOM OR SWEEPER OPERATOR
6.411
BULLDOZER
7.963
CONCRETE PAVING CURING MACHINE
9.100
CONCRETE PAVING FINISHING MACHINE
8.075
CONCRETE PAVING JOINT SEALER
7.750
CONCRETE PAVING SAW
10.063
CONCRETE PAVING SPREADER
9.100
REINFORCING STEEL MACHINE
6.500
SLIPFORM MACHINE OPERATOR
9.000
CRANE, CLAMSHELL, BACKHOE
DERRICK, DRAGLINE, SHOVEL
LESS THAN 1 1/2 C.Y.
8.574
CRANE, CLAMSHELL, BACKHOE
DERRICK, DRAGLINE, SHOVEL
1 1/2 C.Y. & OVER
10.043
CRUSHER OR SCREENING PLANT
Fringes
T%'C.300? A - In
I
PM
r
OPERATOR
7.500
FOUNDATION DRILL OPERATOR
k
CRAWLER MOUNTED
9.000
r
FOUNDATION DRILL OPERATOR
TRUCK MOUNTED
10.750
FOUNDATION DRILL OPERATOR
HELPER
7.050
FRONT END LOADER - 2 1/2 C.Y.
& LESS
7.458
FRONT END LOADER - OVER 2 1/2
r^
C.Y.
7.669
!
HOIST - DOUBLE DRUM
8.100
MOTOR GRADER OPERATOR
�.,
FINE GRADE
10.343
MOTOR GRADER
9.835
'
PAVEMENT MARKING MACHINE
9.150
PLANER OPERATOR
10.458
ROLLER, STEEL WHEEL PLANT
4.
MIX PAVEMENTS
6.828
ROLLER, STEEL WHEEL OTHER,
FLATWHEEL OR TAMPING
6.474
ROLLER, PNEUMATIC SELF-PROPELLED
6.455
SCRAPER-17 C.Y. & LESS
7.546
.,
SCRAPER -OVER 17 C.Y.
7.655
t
SIDE BOOM
6.350
TRACTOR -CRAWLER TYPE 150 HP
AND LESS
7.290
r _
TRACTOR -CRAWLER TYPE OVER
�-
150 HP
10.750
TRACTOR - PNEUMATIC
7.422
r'
REINFORCING STEEL SETTER
PAVING
7.926
REINFORCING STEEL SETTER
STRUCTURES
9.086
REINFORCING STEEL SETTER
HELPER
7.772
STEEL WORKER - STRUCTURAL
9.000
r
STEEL WORKER HELPER STRUCTURAL
6.250
t'
SPREADER BOX OPERATOR
7.332
BARRICADE SERVICER WORK ZONE
6.500
TRUCK DRIVER -SINGLE AXLE LIGHT
6.592
TRUCK DRIVER -SINGLE AXLE HEAVY
6.791
TRUCK DRIVER -TANDEM AXLE SEMI
TRAILER
7.130
TRUCK DRIVER-LOWBOY/FLOAT
8.868
TRUCK DRIVER -TRANSIT MIX
6.891
WELDER
11.827
WELDER -HELPER
-------------------------8
290---------------------
-----
1
Unlisted classifications needed for
work not included within the
scope of the classifications listed
may be added after award only
as provided in the labor standards
contract clauses (29 CFR
TX930028 - 3
U i %19,'93 10: _3 IC21.1 i 6 i 2730 DOL ESA D?.LLkS
IM00:_
General Decision Number TX930015
Superseded GeneralDecision No. TX910015
state: TEXAS
construction Type:
Building
county(ies):
LUBBOCK
BUZZ,DING CONSTRUCTION PROJECTS (does not include residential
construction consisting of single family homes and apartments tip
to and including 4 stories). (Use current heavy & highway
general stage determination for Paving & Utilities Incidental to
Building Construction). ,
Modification Number Publication Date
0 0Z/i9/1993
Z 06/11/1993
r
TX930015 -
Ui IU"U.S IU:4;J G l4 1 0 � :10.�' ,' " uUL rz.L '- I.
WJ UVJ
CoUNTY(ies):
LUBBOCK
CARVIS84A 07/01/19S8
Rates Fringes
CARPENTERS 12.50 2.73
MT-LLIN-AI GHTS 13.00 2.73
------------- -------------------------- --------f
EL8C0850A 01/01/1991
Rates Fringes
E zCTR'ICIANS 13.25 2.50+3.25%
------------- -------- -..----------------------------------- -
PLUX06292k. 06/01/1989
Rates
Fringes
PLUMBERS:
Mechanical contracts
over $150,000 15.00 1.59
Mechanical contracts
$150,000 or less 10.50 1.59
---r-�w -----r------------------ ---- r---- -------------- -- -.- ---- --
* SFTX0669A 04/01/1993
Rates Fringes
SPRINn'LER FITTERS 19.20 5.85
---- ------------- --------------------- -- -------------------
SUTX2048A 03/16/1992
Rates
Fringes
ACOUSTICAL CEILING AND DRYWALL
MECHA141 CS
10.00
.25
BRT-CRMAYERS
11. 74
GLAZIERS
9.50
LABORERS
5.95
LATHERS
11.17
MASON TENDERS
6..25
PAINTERS
10.50
PLASTERERS
11.17
POWER EQL'IP.T OPERATORS:
Backhoe
10.50
.42
ROOFERS
9.71
SHEET METAL WORIMRS (Including
duct work)
-----------------------------------------
8.80
.69
------------------------
W:.LDERS - Receive rate prescribed
for the craft
performing
operation to which welding is incidental.
- - -- -- - --------------- -- -- -- ----- -- --- --- -- - -- --
-- -- ----- --- ---
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only
TX930015 - 2
U7.19%'93 10:24 %Y21.1 767' :i30 DOL ESA DALLAS WJUUa
as provided in the labor standards contract clauses (29 CFIR
5.5 (a) 1(ii)) .
END OF GEN AT. DECISION
TX930015 - 3
r
r
SPECIFICATIONS
o
r
r
56
CITIBUS
REQUEST FOR BIDS
BUS STOP SIGN AND SHELTER.
INSTALLATIONS, RELOCATIONS, AND REMOVALS
F-
I
Citibus
Bus Stop Sign and Shelter and Sign Installation
r- FTA Requirements
FTA GUIDELINES AND REGULATIONS
This project is in part funded by the Federal Transit
Administration (FTA). FTA regulations require all grant
recipients, contractors/subcontractors associated with projects
funded in whole or in part to comply with all applicable FTA
requirements and federal statutes/regulations including but not
limited to the following:
* Federal Transportation Administration Act of 1964, as
amended, 49 U.S.C. 1601 et. seq.
* Surface Transportation Assistance Act of 1982, as amended.
* Americans with Disabilities Act of 1990.
* 49 CFR Part 27 — Elderly and Handicapped
* 41 CFR Section 101-19.6 - Accommodations for Physically
Handicapped.
* 29 CFR Part 1926 - Safety Standards
As per FTA guidelines, the following clauses/provisions shall be
caused or required to be inserted in full by the contracting
officer.
LABOR PROVISIONS - CONSTRUCTION CONTRACTS
1. Minimum Wages.
a. All laborers and mechanics employed or working upon the
site of the work (or under the United States Housing Act
of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29CFR Part 3)), the full amount of wages
and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not
less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made
a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and
such laborers and mechanics. Contributions made or costs
reasonably anticipated for bona fide fringe benefits
1
1
b.
under Section 1 (b) (2) of the Davis -Bacon Act on behalf
of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of
paragraph (a) (1) (iv) of 29 CFR 5.5; also, regular
contributions made or costs incurred for more than a
weekly period. Such laborers and mechanics shall be paid
the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually
performed, without regard to skill, except as provided in
29 CFR 5.5 (a) (4). Laborers or mechanics performing
work in more than one classification may be compensated
at the rate specified for each classification for the
time actually worked therein: provided, that the
employer's payroll record accurately set forth the time
spent in each classification in which work is performed.
The wage determination (including any additional
classification and wage rates conformed under paragraph
(a) (1) (ii) of 29 CFR 5.5 and the Davis -Bacon poster
(WH-1321) shall be posted at all times by the contractor
and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily
seen by the workers.
(1) The contracting officer shall require that any
class of laborers or mechanics which is not listed
in the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. The
contracting officer shall approve an additional
classification and wage rate and fringe benefits
therefore only when the following criteria have
been met:
(a) The work to be performed by the classification
requested is not performed by a classification
in the wage determination; and
(b) The classification is utilized in the area by
the construction industry; and
(c), The proposed wage rate, including any bona
fide fringe benefits, bears a reasonable
relationship to the wage rates contained in
the wage determination.
(2) If the contractor and the laborers and mechanics to
be employed in the classification (if known), or
their representatives, and the contracting officer
agree on the classification and wage rate
(including the amount designated for fringe
benefits where appropriate), a report'of the action
taken shall be sent by the contracting officer to
6
PM
7
Citibus
Bus Stop Sign and Shelter and Sign Installation
FTA Requirements
the administrator of the Wage and Hour Division,
Employment Standards Administration, U.S.
Department of Labor, Washington, D.C..20210. The
Administrator, or an authorized representative,
will approve, modify, or disapprove every
additional classification action within 30 days of
receipt and so advise the contracting officer or
will notify the contracting officer within the 30-
day period that additional time is necessary.
(3) In the event the contractor, the laborers or
mechanics to be employed in the classification or
their representatives, and the contracting officer
do not agree on the proposed classification and
wage rate (including the amount designated for
fringe benefits, where appropriate), the
contracting officer shall refer the questions
including the views of all interested parties and
the recommendation of the contracting officer to
the Administrator for determination. The
Administrator, or an authorized representative,
will issue a determination within 30 days of
receipt and so advise the contracting officer or
will notify the contracting officer within the 30-
day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(a) (1) (b) or (c) of 29 CFR 5.5, shall be paid to
all workers performing work in the classification
under this contract from the first day on which
work is performed in the classification.
C. Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may: consider as part
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided, that
the Secretary of Labor has found, upon the written
request of the contractor, that The Secretary of Labor
may require the contractor to set aside in a separate
M
r
account assets for the meeting of obligations under the
plan or program.
2. Withholding
DOT shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold
or cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract subject
to Davis -Bacon prevailing wage requirements, which is held by
the same prime contractor, so much of the accrued payments or
advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of
failure to pay any laborer or mechanics, including any
apprentice, trainee, or helper, employed or working on the
site of the work (or under the United States Housing Act of
1937 or under the Housing Act of 1949 in the construction of
development of the project) , all or part of the wages required
by the contract, DOT may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and Basic Records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the
work and preserved for a periodofthree years thereafter
for all laborers and mechanics working at the site of the
work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain
the name, address, and social security number of each
such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in Section 1
(b) (2) (b) of the Davis -Bacon Act, daily and weekly
number of hours worked, deductions made and actual wages
paid. Whenever the Secretary of Labor has found under 29
CFR 5.5(a) (1) (iv) that the wages of any laborer or
mechanic include the amount of.any : costs reasonably
anticipated in providing benefits under a plan or program
described in Section 1(b) (2) (b) of the Davis -Bacon Act,
the contractor shall maintain records which show that the
commitment .to provide such benefits is enforceable, that
the plan or program is financially responsible, and that
the plan or program has been communicated in writing to
4
r
Citibus
Bus Stop Sign and
FTA Requirements
Shelter and Sign Installation
the laborers or mechanics affected, and records which
show the costs anticipated or the actual costs incurred
in providing such benefits. contractors employing
apprentices or trainees under approved programs shall
maintain written evidence of the registration of
apprenticeship programs and certification of trainee
programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. Reference attached Wage Scale for
hourly rates.
b. (1) The contractor shall submit weekly, for each week
in which any contract work is performed, a copy of
all payrolls to the grantee. The payrolls
submitted shall set out accurately and completely
�-
all of the information required to be maintained
under 5.5 (a) (3) of regulations, 29 CFR Part 5.
This information may be submitted in any form
r,
desired, optional form WH-347 is available for this
purpose and may be purchased from the
Superintendent of Documents (Federal stock number
029-005-00014-1), U.S. Government Printing Office,
Washington, D.C. 20402. The prime contractor is
responsible for the submission of copies of
payrolls by all subcontractors.
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance", signed by the contractor
or subcontractor or his or her agent who pays or
supervises the payment of the persons employed
under the contract and shall certify the following:
r'
a. That the payroll for the payroll period
contains the information required to be
maintained under Section 5.5 (a) (3) (i) of
.-
regulations, 29 CFR Part 5 and that such
information is correct and complete.
b. That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on
the contract during the payroll period has
been paid the full weekly wages earned,
r"
without rebate, either directly or indirectly,
and that no deductions have been made either
directly or indirectly from the full wages
7
earned, other than permissible deductions as
set forth in regulations, 29 CFR Part 3.
5
F
C. That each laborer or mechanic has been paid
not less than the applicable wage `rates and
fringe benefits or cash equivalents for the
classification of work performed, as specified
in the applicable wage determination
incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of
optional form WH-347 shall satisfy the requirement
for submission of the "Statement of Compliance"
required by paragraph (a) (3) (11) (b) of 29 CFR
Section 5.5.
(4) The falsification of any of the above
certifications may subject the contractor or
subcontractor, to civil or criminal prosecution
under Section 1001 of Title 18 and Section 231 of
Title 31 of the United States Code.
C. The Contractor or subcontractor shall make the records
required under paragraph (a) (3) (1) of 29 CFR Section
5.5 available for inspection, copying, or transcription
by authorized representatives of DOT or the Department of
Labor, and shall permit such representatives to interview
employees during working hours on the job. If the
contractor or subcontractor fails to submit the required
records or to make them available, the federal agency
may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary
to cause the suspension of any further payment, advance
or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records
available may be grounds for debarment action pursuant to
29 CFR Section 5.12.
4. APPRENTICES AND TRAINEES
f
a. Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state
apprenticeship agency recognized by the Bureau, or if a
person is employed in his or her first 90 days of
probationary employment as an apprentice in such an
apprenticeship program, who is not individually
registered in the program, but who has been certified by
the Bureau of Apprenticeship and Training or a state
apprenticeship agency (where appropriate) to be eligible
6
Citibus
Bus Stop Sign and Shelter and Sign Installation
FTA Requirements
for probationary employment as an apprentice. The
allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the
entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage
rate on the wage determination for the classification of
work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not
less than the applicable wage rate on the wage
determination for the work actually performed. Where a
contractor is performing construction on a project in a
locality other than that in which its program is
registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in
the contractor's or subcontractor's registered program
shall be observed. Every apprentice must be paid at not
less than the rates specified in the registered program
for the apprentice's level of progress, expressed as a
percentage of the journeyman's hourly rate specified in
the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of
the apprenticeship program. If- the apprenticeship
program does not specify fringe benefits, apprentices
must be paid the full amount of fringe benefits listed on
the wage determination for the applicable classification.
If the Administrator determines that a different practice
prevails for the applicable apprentice classification,
fringe benefits shall be paid in accordance with that
determination. In the event the Bureau of Apprenticeship
and Training, or a state apprenticeship agency recognized
by the Bureau, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable
predetermined rate for the work performed until an
acceptable program is approved.
b. Trainees. Except as provided in 29 CFR Section 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a
program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the site shall not be greater
7
r
t
than permitted under the plan approved by the Employment
and Training Administration. Every trainee must be paid
at not less than the rate specified in the approved
program for the trainee's level of progress, expressed as
a percentage of the journeyman's hourly rate specified in
the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman's
wage rate on the wage determination for the
classification of work actually performed. In addition
any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
event the Employment and Training Administration
withdraws approval of a training program, the contractor
will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
C. Equal Employment Opportunity. The utilization of
apprentices, trainees and journeymen under this part
shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30..
5. Compliance with Copeland Act Requirements. The contractor
shall comply with the requirements of 18 U.S.C. 874 and 29 CFR
Part 3, which are incorporated by reference. This act
provides that each contractor or subgrantee shall be
prohibited from inducing, by any means any person employed in
the construction, completion, or repair of public work, to
give up any part of the compensation to which he is otherwise
entitled.
6. Contract Termination: Debarment. A breach of the contract
clauses in 29 CFR Section 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR Section 5.12.
7. Compliance with Davis -Bacon and Related Act Requirements. All
rulings and interpretations of the Davis -Bacon and related
acts contained in 29 CFR Parts 1, 3, and 5 are herein
incorporated by reference.
8. Disputes Concerning Labor Standards. Disputes arising out of
the general disputes clause of this contract shall not be
8
wo
Citibus
Bus Stop Sign and Shelter and Sign Installation
P" FTA Requirements
subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR Parts 5, 6, and
7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors)
and the contracting agency,'the U.S. Department of Labor, or
the employees or their representatives.
9. a. Certification of Eligibility. By entering into this
contract the contractor certifies that neither it (nor he
or she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be
awarded government contracts by virtue of Section 3 (a) of
the Davis -Bacon Act or 29 CFR Section 5.12(a)(1).
b. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a government
contract by virtue of Section 3(a) of the Davis -Bacon Act
�. or 29 CFR Section 5.12(a)(1).
C. The penalty for making false statements is prescribed in
the U.S. Criminal Code, 18 U.S.C. Section 1001.
10. Overtime Requirements. No contractor or subcontractor
contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any
work week in which he or she is employed on such work to work
in excess of eight hours in any calendar day or in excess of
forty hours in such work week unless such laborer or mechanic
received compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of
eight hours in any calendar day or in excess of forty hours in
such work week, whichever is greater.
11. Violation; Liability for Unpaid Wager; Liquidated Damages. In
the event of any violation of the clause set forth in
subparagraph (b) (1) of 29 CFR Section 5.5, the contractor and
any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, -to
such district or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in subparagraph
(b) (1) of 29 CFR Section 5.5 in the sum of $10 for each
calendar day on which such individual was required or
r 9
7
permitted to work in excess of eight hours or in excess of the
overtime wages required by the clause setforth in
subparagraph (b) (1) of 29 CFR Section 5.5..
12. Withholding for Unpaid Wages and Liquidated Damages. DOT or
the recipient shall upon` its own action or upon written
request of an authorized representative of the`Department of
Labor withhold or cause to be withheld, from' any monies
payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other
Federally -assisted contract which is held by the same prime
contractor, such sums as may determined to be necessary to
satisfy any liabilities of such contractor. or subcontractor
for unpaid wages and liquidated damages as provided in the
clause set forth in subparagraph (b) (2) of 29 CFR Section
5.5.
13.
14.
Section 107 of C.W.H.S.S.A. is applicable to construction
work and provides that no laborer or mechanic shall be
requested to work in surroundings or under working conditions
which are unsanitary, hazardous, or dangerous to his health
and safety as determined under construction, safety and health
standards promulgated by the Secretary of Labor. These
requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market,
or contracts for transportation or transmission of
intelligence.
Nonconstruction Grants. The contractor or subcontractor shall
maintain payrolls and basic payroll records during the course
of the'work and shall preserve them for a period of three
years from the completion of the contract for all laborers and
mechanics, including guards and watchmen, working on the
contract. Such records shall contain the name and address of
each such employee, social security number, correct
classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages
paid. Further, the recipient shall require the contracting
officer to insert in any such contract a clause providing that
the records to be maintained under this paragraph shall be
made available by the contractor or subcontractor for
inspection, copying, or transcription by authorized
representatives of DOT and the Department of Labor, and the
contractor or subcontractor will permit such representatives
to interview employees during working hours on the job.
15. Subcontracts. The contractor or subcontractor'shall insert in
any subcontracts the clauses set' forth in subparagraph 1
through 15. of this paragraph and also a clause requiring the
subcontractor to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
10
rft
Citibus
Bus Stop Sign and Shelter and Sign Installation
FTA Requirements
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in subparagraphs 1. through 15. of
this paragraph.
See attached Wage Scale for compliance with the Davis -Bacon Act.
TITLE VI CIVIL RIGHTS ACT OF 1964
Title VI Compliance
During the performance of this contract, the contractor, for
itself, its assignees and successors in interest (hereinafter
referred to as the "contractor"), agrees as follows:
1. Compliance with Regulations: The contractor shall comply with
the Regulations relative to nondiscrimination in federally -
assisted programs of the Department of Transportation
(hereinafter,. "DOT") Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated
by reference and made a part of this contract.
f 2. Nondiscrimination: The contractor, with regard to the work
performed, by it during the contract, shall not discriminate on
the grounds of race, religion, color, sex, age, or national
origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment.
The contractor shall not participate either directly or
7 indirectly in the discrimination prohibited by section 21.5 of
the regulation, including employment practices when the
contract covers a program set forth in Appendix B of the
,.. Regulations.
3. Solicitations for Subcontracts, Including Procurement of
Materials and Equipment: In all solicitations, either by
competitive bidding or negotiation made by the contractor for
work to be performed under a subcontract, including
procurement of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the
contractor of the contractor's obligations under this contract
and the Regulations relative to nondiscrimination on the
grounds of race, religion, color, sex, age, or national
origin.
4. Information and Reports: The contractor shall provide all
r" information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access to
its books, records, accounts, other sources of information,
11
7
and its facilities, as may be determined by the City of
Lubbock or the Federal Transit Administration (FTA) to .be
pertinent to ascertain compliance with such Regulations,
orders and instructions. Where any information is required or
a contractor is in the exclusive possession of another who
fails or refuses to furnish this information, the contractor
shall so certify to the City of Lubbock, or the Federal
Transit, as appropriate, and shall set forth what efforts it
has made to obtain the information.
5. . Sanctions for Noncompliance:. In the event of the contractor's
noncompliance with the nondiscrimination provisions of this
contract, the City of Lubbock shall impose such contract
sanctions as it or the Federal Transit Administration may
determine to be appropriate, including, but not limited to:
a. Withholding of payments .to the contractor under the
contract until the contractor complies, and/or,
b. Cancellation, termination or suspension of the contract,
in whole or in part.
6. Incorporation of Provisions: The contractor shall include the
provisions of paragraph (1) through (6) of this section in
every subcontract, including `procurement of materials and
leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto. The contractor shall take
such action with respect to any subcontract or procurement as
the City of Lubbock or the Federal Transit Administration may
direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that, in the
event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of
such direction, the contractor may request the Recipient to
enter into such litigation to. protect the interest of the
Recipient, and, in addition, the contractor may request the
services of the Attorney General in such litigation to protect
the interest of the United States. .
DISADVANTAGED BUSINESS ENTERPRISE
1. Policy. It is the policy of the Department of Transportation
that disadvantaged business enterprises as defined in 49 CFR
Part 23 shall have the maximum opportunity to participate in
the performance of contracts financed in whole or part with
Federal funds provided under this agreement.` Consequently,
the DBE requirements of 49 CFR Part 23 apply to this
agreement.
2. DBE Obligation. The recipient or its contractor agrees to
ensure that disadvantaged business enterprises as defined in
12
Citibus
Bus Stop Sign and
FTA Requirements
i
Shelter and Sign Installation
49 CFR Part 23 have the maximum opportunity to participate in
the performance of contracts and subcontracts financed in
whole or in part with Federal funds provided under this
agreement. In this regard all recipients or contractors shall
take all necessary and reasonable steps in accordance with 49
CFR Part 23 to ensure that disadvantaged business enterprises
have the maximum opportunity to compete for and perform
contracts. Recipients and their contractors shall not
discriminate on the basis of race, creed, color, national
origin, age, or sex in the award and performance of DOT -
assisted contracts.
BUY AMERICA PROVISION
This procurement is subject to the Federal Transit Administration
Buy America Requirements in 49 CFR part 661.
A Buy America Certificate, Attachment B, must be completed and
submitted with the bid. A bid which does not include the
certificate will be considered non -responsive.
A waiver from the Buy America Provision may be sought by
[Recipient] if grounds for the waiver exist.
Section 165(a) of the Surface Transportation Act of 1982 permits
FTA participation on this contract only if steel, cement, and
manufacturing products used in the contract are produced in the
United States.
DEBARRED BIDDERS
The Contractor, including any of its officers or holders of a
controlling interest, is obligated to inform the City of Lubbock
whether or not it is or has been on any debarred bidders' list
maintained by the United States Government. Should the contractor
be included on such a list during the performance of this project,
it shall so inform the Recipient. The bidder must complete the
Debarment and Suspension Certificate, Attachment C.
PROTEST/APPEAL PROCEDURES
Protest/Appeal procedures are as follows:
1) Request for approved equals, clarification of specifications,
protest of specifications, and proposal protest must be received by
the City in writing, not less than fifteen full days before date of
r' the scheduled opening of proposals. Any request for approved equal
or protest of the specifications must be fully supported with
technical data, test results, or other pertinent information as
r-
13
Ir
i
evidence that the substitutes offered is equal to or better than
the specifications.
2) The City's final decision to requests will be postmarked
at least ten full days before the date scheduled for opening
of the proposals.
3) The Federal Transit Administration (FTA) will only review
protest regarding the alleged failure of the City to have a
written protest procedure or alleged failure to follow such
procedures.
4) If a proposer feels that a protest is necessary, in compliance
with number 3 above, the protestor shall file a protest with the
FTA not later than five days after a final decision from the City
is rendered under the City's protest/appeal procedures. In
instances where the protestor alleges that the City failed to make
a final determination on the protest, protestors shall file a
protest with the FTA not later then five days after the
protestor knew or should have known of the City's failure to
render a final determination on the protest. The City will give
the protestor the mailing address of the FTA Regional Office
when requested, for the filing of a protest in accordance with
these guidelines. A copy of the FTA protest must be sent to
the City and also must include:
- Name and address of the protestor.
- Identify the City of Lubbock and the proposal
number.
- Statement of the grounds for protest and any
supporting documentation with detail of the alleged
failure to follow protest procedures or the alleged
failure to have procedures, and be fully supported
to the extent possible.
- A copy of the local protest filed with the City and
a copy of the City's decision, if any.
5) Following a protest, the City will not make an award of a
contract without consulting the FTA for approval.
6) Additional information on FTA protest procedures requirements
are outlined in FTA Circular 4220.1B. A copy of this circular can
be secured by contacting the City.
CONSERVATION
Contractor shall recognize mandatory standards and policies
relating to energy efficiency which are contained in the State
energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 USC Section 6321 et seq.).
INTEREST OF MEMBERS OF, OR DELEGATES TO, CONGRESS
In accordance with, IS U.S.C. section 431, no member of, or
delegates to, the Congress of the -United States.shall be admitted
to a share or part of this contract or to any benefit arising
therefrom.
14
r
Citibus
Bus Stop Sign and Shelter and Sign Installation
r. FTA Requirements
CONFLICT OF INTEREST
No employee, officer, or agent of the grantee shall participate in
selection, or in the award or administration of a contract if a
conflict of interest, real or apparent, would be involved. Such a
conflict would arise when:
a. The employee, officer or agent;
b. Any member of his immediate family;
r' c. His or her partner; or
d. An organization which employs, or is about to employ, has
r a financial or other interest in the firm selected for
r award.
t
The grantee's officers, employees or agents shall neither solicit
nor accept gratuities, favors or anything of monetary value from
contractors, potential contractors, or parties of subagreements.
TERMINATION
a. Termination for Convenience
The City of Lubbock may terminate this contract, in whole or
in part, at any time by written notice to the Contractor. The
Contractor shall be paid its costs, including contract close-
out costs, and profit on work performed up to the time of
termination. The Contractor shall promptly submit its
termination claim to the City of Lubbock to be paid the
Contractor. If the Contractor has any property in its
possession belonging to the City of Lubbock, the Contractor
will account for the same, and dispose of it in the manner the
City of Lubbock directs.
b. Termination for Default
If the Contractor does not deliver supplies in accordance with
the contract delivery schedule, or, if the contract is for
services, the Contractor fails to perform in the manner called
for in the contract, or if the Contractor fails to comply with
any other provisions of the contract, the City of Lubbock may
terminate this contract for default. Termination shall be
effected by serving a notice of termination on the contractor
setting forth the manner in which the Contractor is in
default. The contractor will only be paid the contract price
15
F
for supplies delivered and accepted, or services performed in
accordance with the manner of performance set forth in the
contract. If it is later determined by the CityofLubbock
that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are
not the fault of or are beyond the control of the Contractor,
the City of Lubbock, after setting up a new delivery of
performance -schedule, may allow the Contractor to continue
work, or treat the termination as a termination for
convenience.
C. Termination for Cost -Type Contracts
The City of Lubbock may terminate this contract, or any
portion of it, by serving a notice of termination on the
Contractor. The notice shall state whether the termination is
for convenience of the City of Lubbock or for the default of
the Contractor. If the termination is for default, the notice
shall state the manner in which the contractor has failed to
perform the requirements of the contract. The Contractor
shall account for any property in its possession paid for from
funds received from the City of Lubbock or property supplied
to the Contractor by the City of Lubbock. If the termination
is for default, the City of Lubbock may fix the fee, if the
contract provides for a fee, to be paid the contractor in
proportion to the value, if any, of work performed,up to the
time of termination. The Contractor shall promptly submit its
termination claim to the City of Lubbock, and the parties
shall negotiate the termination settlement to be paid the
Contractor.
If the termination is for the convenience of the City of
Lubbock, the Contractor shall be paid its contract close-out
costs, and a fee, if the contract provided for -payment of a
fee, in proportion to the work performed up 'to the time of
termination.
If, after serving a notice of termination for default, the
City of Lubbock determines that the Contractor had an
excusable reason for not performing, such as strike, fire,
flood, events which are not the fault of and are beyond the
control of the contractor, the City of Lubbock, after setting
up a new work schedule, may allow the Contractor to continue
work, or treat the termination as a termination for
.convenience.
16
ATTACHMENT A
r" CITIBUS
BUY AMERICAN CERTIFICATE
FOR BUS STOP SIGN AND SHELTER INSTALLATION
The bidder hereby certifies that it will comply with the
requirements of section 165(a) of the Surface Transportation
Assistance Act of 1982 and the regulations in 49 CFR 661.
Date
Signature
Title
or
The bidder hereby certifies that it cannot comply with the
requirements of Section 165(a) of the Surface Transportation Act of
1982, but it may qualify for an exception to the requirement
pursuant to Section 165 (b) of the Surface Transportation Assistance
Act and regulations at 49 CFR 661.7.
Date
Signature
Title
7
7,
I
r
ATTACHMENT B
CITIBUS
DEBARTMENT AND SUSPENSION CERTIFICATE
FOR BUS STOP SIGN AND SHELTER INSTALLATION
The bidder hereby certifies that it will comply with the
requirements of the Department of Transportation regulations
"Governmentwide Debarment and Suspension (Nonprocurement)" 49 CFR
Part 29.
Date
Signature
Title
or
The bidder hereby certifies that it cannot comply with the
requirements of the Department of Transportation regulations
"Governmentwide Debarment and Suspension (Nonprocurement)" pursuant
to 49 CFR Part 29.
Date
Signature
Title
I
r
ATTACHMENT C
CITIBUS
CONTRACTOR'S COMPLIANCE WITH AMERICAN"S DISABILITIES ACT
Certification of compliance with the requirements of the American's
with Disabilities Act and the implementation guidelines established
by the Department of Transportation.
The bidder hereby certifies that the proposed signs complies with
the requirements of the Americans with Disabilities Act and
guidelines for public transportation facilities established by the
Department of Transportation.
Date
Signature
Title
Company
PM
PM
G
BUS STOP SIGN INSTALLATION
REQUEST FOR BIDS
GENERAL
These specifications describe the installation details for Citibus'
Bus Stop Signs. The work shall consist of assembling and
installation of bus stop signs in various locations across town.
The contractor will also remove old signs and posts as directed by
Citibus. The contractor shall perform all work in accordance with
the technical requirements of these specifications.
,.. All materials supplied by the contractor shall conform to the
contractor's standard units and be free of manufacturing and
installation defects. The workmanship employed shall be of the
best quality and to the highest standards of commercially accepted
r practice for the class of work and shall result in a neat and
finished appearance.
The contractor shall assemble all bus stop signs in full'accordance
with all applicable local, state, and federal regulations, laws,
and codes. It shall be the contractor's responsibility to
prosecute the work 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 the contractor in performing the work of the project
enclosed in this document. All such underground lines or
structures cut or damaged by the contractor shall be repaired
immediately by the contractor to the satisfaction of the City at
the contractor's expense.
LOCATION
Locations of where each piece of work is to occur are identified in
Attachment D. Attachment D shows where each sign will be located
and on which route. All signs will be mounted on new sign posts
unless otherwise noted or informed by an acknowledged Citibus
representative. New posts should be mounted in relation to street
corners and the surface as per the latest edition of the Texas
Manual on Uniform Traffic Control Devices, as well as Citibus
policy of having bus stops at the "near side corner." Posts shall
be two feet from the curb face. Signs are to be mounted on posts
at least seven feet from the surface to the bottom of the sign.
The job requires that the contractor work with an acknowledged
Citibus representative to assure the post and signs are mounted
properly and according to the routes' requirements. All signs will
be installed so that they are facing the direction of the bus flow.
As an aid in generally locating where signs will be located, a
Citibus route map is included.
1
r
EOUIPMENT AND MATERIALS
Citibus will supply all bus stop signs, channel posts, and mounting
bolts. Channel posts to be utilized will be 12 feet long, 3 pounds
per foot. Channel posts are to be driven into the ground using a
channel post driver. The busstop sign measure 18" x 1811. ' The
contractor will pick up signs,' posts, mounting bolts at Citibus.
The contractor is responsible for the supplies picked up from
Citibus. Citibus will provide bus stop signs that are free of
defects, scratches, or other imperfections. The signs are expected
to remain in this condition while in the possesion of the
contractor. The contractor must reimburse Citibus for any damaged,
scratched, or otherwise blemished signs prior to installation while
in the possesion of the contractor. The contractor will be
responsible for providing the driver and other necessary tools for
mounting the signs and posts and performing any necessary concrete
work. Any extra signs and/or mounting supplies must be returned to
Citibus when the project is complete. Any missing or stolen
materials will be replaced by the contractor at the contractor's
expense.:
CONCRETE MOUNTINGS
Where concrete anchoring of posts will be required, it is the
responsibility of the contractor to perform this work in accordance
with any applicable City of Lubbock codes and meet the requirements
of the Texas Manual on Uniform Traffic Control Devices. The
concrete footing must be flush with the ground. The contractor
shall provide the concrete products necessary to complete each post
mounting requiring concrete work. Removal of any excavated
materials shall also be the contractor's responsibility. Installed
signs will be approved or disapproved within two working days of
their installation.
SIGN REMOVAL
The contractor will remove old signs at the direction of an
acknowleged Citibus representative.` The contractor will be
responsible for removing the old sign, pole, and other materials.
If there is not a sign replacing the old one, the contractor must
leave the area with a neat and finished appearance.- If a new sign
is to be mounted, the contractor must install the new sign.
Removal of old signs is not the primary function of this job, but
should Citibus feel that signs need to be replaced, the contractor
will comply.
QUANTITY
As per Attachment D, approximately 134 signs will be placed
throughout the city. Since numerous variables may warrant that the
2
W.
►r
City alter its placement plans, Citibus plans to install anywhere
to 120 to 150 signs. It is important that bidders provide a per
r' unit price as directed on the price sheet, (Exhibit A in the bid
proposal). Visual inspections, by an acknowledged Citibus
representative, will be performed before installation is considered
complete.
SCHEDULE
The contractor will submit a tentative schedule, (Exhibit A in the
bid proposal). The schedule will include the date at which the
contractor may begin work, the number of days to complete the
project, and a tentative finishing date. All work must be complete
by September 25, 1993
PAYMENT
Invoices for completed sign installation will be accepted at the
rate of one per month. Any invoices recieved prior to the end of
the month, will be paid on or by the 10th of the following month.
Citibus will make payment for signs on a per unit basis. Citibus
will only pay for sign installation. The contractor is responsible
for all other expenses. Signs must be visually inspected and have
approval in writing before an invoice may be submitted for payment.
�3
F
on
r
BUS SHELTER INSTALLATION
REQUEST FOR BIDS
GENERAL
These specifications describe the installation and relocation
details for Citibus' Bus Passenger Shelters. The work shall
consist of assembling and installation of bus shelters, concrete
pads, and benches in various locations in Lubbock, and the removal
of old shelters and relocation as described in these
specifications. The contractor shall perform all work in
accordance with the technical requirements of these specifications.
All materials supplied by the contractor shall conform to the
contractor's standard units and be free of manufacturing and
installation defects. The workmanship employed shall be of the
best quality and to the highest standards of commercially accepted
practice for the class of work and shall results in a neat and
finished appearance.
The contractor shall assemble and locate all bus shelters in full
accordance with all applicable local, state, and federal
regulations, laws, and codes. It shall be the contractor's
responsibility to prosecute the work in such a way as to exercise
due care to locate and prevent all damage to all underground
pipelines, utility lines, conduits, or other underground structures
which might or could be damaged by the contractor in performing the
work of the project enclosed in this document. All such
underground lines, structures, or above ground lines or structures
{� shall be repaired immediately by the contractor to the
satisfactions of the owner at the contractor's expense.
LOCATION OF SHELTERS
Attachment E has the locations and size specifications of each new
shelter installation, removal and relocation. All shelters will be
placed on concrete pads. The amount of cement required for each
pad varies upon the shelter location.
ADA REQUIREMENTS FOR SHELTER INSTALLATION
Citibus adheres to all policies of the Americans with Disabilities
Act regarding all new construction and installation of facilities,
(Attachment C). Therefore, all work done by any contractor
employed by Citibus must meet all ADA requirements. The following
excerpt is from the Transportation Implications of the Americans
with Disabilities Manual, "Section 10.2.1 New Construction", and
must be completely followed by the employed contractor.
(1) Where new bus stop pads are constructed or bus stop, bays
or other areas where a lift or ramp is to be deployed, they
shall have a firm, stable surface;'a minimum clear length of
96 inches(measured from the curb or vehicle roadway edge) and
a minimum clear width of 60 inches ( measured parallel to the
r vehicle roadway) to the maximum extent allowed by legal or
F
site constraints; and shall be connected to streets, sidewalks
or pedestrian paths by an .accessible route complying with 4.3
and 4.4 The slope of the pad parallel to the roadway shall,
to the extent, a maximum sloe of 1:50 (2%) perpendicular to
the roadway is allowed.
(2) Where provided, new or replaced bus shelters shall be
installed or positioned so as to permit a wheelchair or
mobility`aid user to enter from the. public way and reach a
location, having a minimum clear floor area of 30 inches by 48
inches, entirely within the parameter of the shelter. Such
shelters shall be connected by an accessible route to the
boarding._area provided under paragraph (1) of this section.
EQUIPMENT
Citibus will supply all bus shelters, benches, parabolts, klick
twins, s/s beam bolts, hammer rivets, and window rivets,
(Attachment F). Any. type of additional material that will be
needed by the contractor in order to install orrelocate shelters
must be approved by a knowledgeable Citibus representative.
Citibus will provide 12 new bus shelters that are free of defects,
scratches, or other imperfections.' The contractor is responsible
for the supplies picked up from Citibus. The shelters are expected
to remain in this condition while in the possession of the
contractor. Those shelters that need to be removed and relocated
must remain in the same condition as when the contractor came in
initial contact with them. The contractor will reimburse Citibus
for any damaged, scratched, or otherwise blemished shelters while
the shelters are in the procession of the contractor. The
contractor will be responsible for providing all necessary tools
for installing, removing, and relocating shelters. The contractor
will be responsible for providing all equipment necessary to
perform any type of concrete work. Any extra materials belonging
to Citibus must be returned to Citibus when the project is
complete. Any missing or stolen materials will be replaced by the
contractor at the contractor's expense.
INSTALLATION OF SHELTERS
All new Citibus shelters will be installed under the following
guidelines. However, Citibus allows the contractor to make
modifications to these guidelines in order to make*the shelters in
compliance with all federal, state, and local laws.
For further details see Attachments F.
1. Drill anchor bolt holes'according to the enclosed drawing
marked "anchor bolt and shoe replacement". Squareness and
accuracy are critical. Drill a 1/2" diameter hole, 4" deep at
each anchor point. Clear holes of concrete powder, place a
shoe over each hole, 'and drive in the expansions bolts with a
washer and nut in place at the top of threads. Draw bolt up
tight with about 4 or 5 turns.
Please note: If the contractor chooses to use the template
that is included with the shelters the following modifications
will need,to be made on the template:
P"
r
7
The hole placement for the side wall anchors are located
1 1/4" too far toward the rear. The template can be made to
fit the Citibus shelters by drilling holes 1 1/4" O/C closer
to the windscreen locator. However the template guidelines
that are in the instruction book are in accordance to the
Citibus shelters.
2. Place shims in the shoes so that the shelter will set
level. To do this, shoot each shoe with a transit or a
builders level. The shoe that sits at highest grade gets no
shims. All the other shoes get varying amounts of shims to
bring the inside up to the same level as the highest shoe.
CAUTION: There must be enough room left in each shoe so that
at least 2" of the post can slide in.
3. Set the left panel into the appropriate shoes, connection
slips facing in,
4. Place windscreen into place sliding top beams onto
connection clip of left wall, and insert 1/4 X 1" flathead
socket screws through pilot holes and into clip.
5. Place right panel into place and slide connection clips
into front panel. Once again insert flathead screws.
6. Set rear panel into place, sliding top and bottom beams
over connection slips on side walls. Insert flatheads screws.
Return to all connection clips and tighten screws with a hex
driver. (Very Important: Make sure window gasket seams are at
top of wall)
7. Making sure shelter is level and square, complete
installation of remaining two (2) window assemblies into the
rear wall. Drill through pilot holes with 3/1611drill and
fasten with 3/16" bronze rivets. Note: a rubber mallet and
wood block are often handy during this step.
S. Set roof module into place over header beam assembly with
drainage holes to rear. (This will also assist in squaring
wall frames.) Fasten by inserting self -drilling 1/4" X 2" tek
screws with neoprene washers through pilot holes and into top
of header beams. Silicone. Note: Make sure adjustment gap
between header beam and roof module is equal on all sides
before installing tek screws.
9. Using an"F" drill bit, drill through pilot holes in each of
the anchor shoes. Insert 1.4" pin grip (hammer rivets) rivets
and hit with hammer to set.
10. Peel paper from windows and clean shelters with a mild
soap and soft cloth.
NOTE: Two (2) window panels shipped loose in walls for ease in
installation.
r
INSTALLATION OF THE SHELTER BENCHES
For further details see Attachments F.
1. Place triangular seat' brackets into place on rear wall
sill, against vertical members, and drill 1/4" holes (see
drawing for bracket placement). Install 1/4 x 3/8 pin grip
rivets and set pin with hammer blow.
2. Snap end caps on ends of both seat and backrest slats.
Make sure the extruded "drill -guide line" on the back of
backrest slat; fasten with pop rivets.
3. Set seat slat on brackets and fasten using seat bolt slip
sets (2 per bracket). Seat bolt clip set consists of a seat
bolt clip and a 5/16" x 1/4" carriage bolt set.
4. Place 2" x 2" back bracket angles against the rear wall
vertical, all at the desired height, approximately 3011 above
shelter pad. Attach back brackets to framing via Oil drill
bit and bronze pop rivets. Place. seat back slat against
brackets and fasten using seat bolt slip sets.
CONCRETE SPECIFICATIONS FOR BUS SHELTER PADS
Concrete should be a "Six -bag" mix poured to a thickness of 4".
Number 8 wire should be used to reinforce the concrete. A 2" layer
of sand should be placed beneath the concrete for drainage.
Concrete should have a "broom-brish" finish.
Concrete pad should have no expansion joints and should be poured
as level as possible to facilitate ease in installation. Concrete
pad should be poured to the specifications listed for each location
in Attachment F.
REMOVAL AND RELOCATION OF OLD SHELTERS
The contractor will remove and relocate the old shelters as
indicated in Attachment E and/or indicated by an acknowledged
Citibus representative. The contractor will be responsible for
removing the shelters and other materials and placing the old
shelters in the location specified. The contractor must leave the
site of the old shelter with a neat and finished appearance, and at
natural grade.' All excess materials must be cleared away. The
contractor will be completely responsible for the relocation of,the
old shelter to the specified location.
QUANTITY
Citibus' request to the bidders is to install 12 new shelters to
various locations around Lubbock. The contractor will also be
responsible for the removal and relocation of three (3) shelters
that are currently at various locations 'in Lubbock. It is
important that bidders provide a per unit price as directed on
Exhibit A in the bid proposal.
r-A
SCHEDULE
The contractor will submit a tentative schedule (Exhibit A in the
r- bid proposal). The schedule will include the date at which the
contractor may begin work, the number of days to complete the
project, and a tentative finishing date attached to the price
sheet. All work must be completed by September 25, 1993.
PAYMENT
Invoices for completed and accepted bus installations and shelter
relocations will be accepted at one point. Any invoice received -
prior to the end of the month will be paid on, or by the loth of
the following month. Citibus will make payment only for those
shelters installed that were accepted by a Citibus representative.
Citibus will only pay for the installations and relocations of the
shelters mentioned in this specification. The contractor is
responsible for all other expenses. Visual inspections, by an
acknowledged Citibus representative, will be performed before
installation is considered complete. Installed shelters will be
►� approved or disapproved within two working days of their
installation or upon notification to the contractor.
PM
i
F
r
ROUTE l
28th
29th
26th
ATTACHMENT D
PROPOSED SIGN LOCATIONS
Juniper (NW)
Quirt (NW)
Redbud (NW)
TOTAL 3
ROUTE 2
2nd
2nd
8th
Cherry (SE)
Zenith (NE)
Zenith (NE)
TOTAL 3
ROUTE 3 OUT
34th Nashville (NE)
34th Farmer's Country Market (on light pole)
34th Westside Shopping Center (on light pole)
Slide Security Park (on light pole)
50th Slide (Denny's) (W)
53rd Slide (Caprock Printers) (W)
TOTAL 6
ROUTE 3 IN
53rd Slide (Bacon Heights Baptist Church on light pole)
Slide Science Spectrum (on light pole)
34th 5 Points Shopping Center (on light pole)
34th Vicksburg (SW)
TOTAL 4
ROUTE 4 OUT
69th
Slide (SE)
71st
Richmond (NE)
73rd
Slide (SE)
74th
Canton (Omnimax)(NE)
77th
Slide (SE)
78th
Elgin (Chales Waters Elementary) (NW)
78th
Quaker (SE)
80th
Slide (SE)
81st
Elgin (NW)
82nd
Gary (NE)
82nd
September Place Shopping Mall (N)
82nd
Knoxville (NE)
82nd
Memphis (NE)
82nd
Arbys Restaurant (N)
82nd
Kingsgate Shopping Center (N)
82nd
Quaker (NE)
82nd
York (NE)
82nd
Slide (NE)
Quaker
Havertyfs Furniture Store (E)
TOTAL 19
ROUTE 4 IN
70th Slide (NW)
71st Lubbock Village (S)
73rd Slide (NW)
74th Richmond (NW)
74th Quaker (NW)
77th Quaker (NW)
79th Slide (NW)
82nd Lakeridge Plaza (N of Drug Emporium)
82nd Nashville (SW)
82nd Knoxville (SW)
82nd Hartford (SW)
82nd Vicksburg (SW)
Salem Lubbock Parade Shopping Center (E)
TOTAL 13
ROUTE 5 OUT
15th
Akron
(NW)
15th
Ave. S
(NW)
15th
Ave. X
(NW)
58th
Elgin
(NE)
58th
Joliet
(NE)
58th
Peoria
(NE)
60th
Quaker
(on light pole) (W)
66th
Quaker
(W)
TOTAL 8
ROUTE 5 IN
45th
Boston
(NE)
52nd
Boston
(NE)
58th
Elgin (SE)
66th
Peoria
(Walmart) (W)
66th
Memphis
(SW)
TOTAL 5
ROUTE 6 OUT
19th Texas (SW)
34th I-27 (Shopping Center)
38th I-27 (NE)
40th I-27 (NE)
50th Ave. L (NE)
50th Ave. Q (NE)
50th Ave. S (NE)
50th Highland Hospital (N)
50th Boston (NE)
50th Gary (Montery High School) (NE)
50th Indiana (N of Montery High School)
50th Memphis (NE)
50th Salem (NE)
TOTAL 13
ROUTE 6 IN
42nd Ave.L (NE)
50th Ave. P (NW)
50th
Utica (SE)
50th
Raleigh (SW)
r 50th
Salem (SW)
50th
Orlando (SW)
50th
Memphis (SW)
r„ 50th
Winchester Square
50th
Jack in the Box (N)
50th
Gary (SW)
50th
Knoxville (SW)
r' 50th
Boston (SW)
50th
Plains Natinal Bank (on parking sign)
50th
Texas Dept. of Human Resoucres
r�
ROUTE 7
_ 4th
Ave. F (NE)
ROUTE 8
3rd University (replace the old sign)
Gary Amherst (NE)
Gary Erskine (SE))
Broadway Ave. M (SE)
Broadway Ave. O (SE)
ROUTE 9 IN
24th Ave. Q (SW)
65th Ave. P (NW)
74th University (Target)
74th Elgin (NE)
Broadway Ave. J (NE)
ROUTE 11 OUT
4th Walmart (N)
4th Bangor (SW)
4th Slide (W)
19th Elkhart (Boardwalk Apartments)
27th Frankford (NW)
Frankford Lowes Marketplace (SE)
ROUTE
it IN
4th
Slide (in front of United) (E)
8th
Slide (SE)
iith
Slide (NE)
19th
Frankford
19thArby's
Restaurant
26th
Frankford
34th
Elkhart (N)
36th
Chicago (SE)
44th
Chicago (SE)
47th
Chicago (replace old sign) (SE)
TOTAL 14
TOTAL 1
TOTAL 5
TOTAL 5
TOTAL 6
7
Frankford Post Office (E)
TOTAL 11
ROUTE 12 OUT
4th Ave. X (NE)
4th Boston (NE)
4th Flint (in front of the apartments)
6th Vicksburg (E)
13th Salem (NE)
Juliet Health Science Center
TOTAL 6
ROUTE 12 IN
4th Vicksburg (SW)
4th Boston (W of Jones Stadium)
9th Toledo (NW)
13th Toledo (NW)
17th Quaker (NW)
19th Quaker (NE)
21st Memphis (NE)
TOTAL 7
ROUTE 14
4th Ave. F (SW)
E.Auburn Quirt (SE)
E.Auburn Quirt (NW)
Colgate Spruce (SE)
Bates Zenith (NW)
TOTAL 5
ATTACHMENT E
15 COPIES ENCLOSED
7
F
PM
}
6
ATTACHMENT E
CITIBUS
.- INDIVIDUAL SHELTER LOCATIONS AND SPECIFICATIONS
1. MHMR 38th and I-27
2. MIiMR 38th and Ave. J
3. 3rd and University (Town and Country Center)
4. 4th and Canton (Town and Country Center)
5. Broadway and Ave. M (Community Health Clinic)
6. SWL 289 and Peoria (Crystal Falls Car Wash)
7. Main and Ave. L (South Plains College property)
8. Genoa (Summertime Villa Apartments)
9. 66th and Ave. P (Smith Temple)
10. 74th and University (50 Yard Line)
11. 8th and Ave. Q (7-11)
12. Ave. G and North 28th (I-27 Axis)
13. 29th Quirt (HUD Apartments)
This shelter site will replace the shelter currently at 13th and
Slide.
14. 1322 East 24th (New Directions Clinic)
This shelter site will replace the shelter currently at 34th and
Utica.
15. Move the shelter currently located at Knoxville and 21st facing
East to 21st and Knoxville, facing North.
Ale
/-Z7,17 ,�yl,3
ti(
e" OAJ
W,
V�
39*k sTRFEr
zoft Fief e4r`
4.a
3 <�
�,AKI'd6cnT
S
Cu Lv cur G
7�
G
7'
F
w
m
uN� VERS/ r�
( Sou r" I3ouNo
7 O WN eouN TOY Hl
.Sff�PP/N6 CEd/TE,�
14'Curk
cur
� � o
Z' F�M THE
C/ T/Bu3 S rap
7A APYAl G
E
5reev %
(wESTl3ouND
t—_ a t t`: t
I
3
c
?IN/7p
N17v:�.?H
/l1 /Nn W WO)
,z
.s
6M
0
th
y6a � �►� `�' A
A
E
i✓ GAMX
LL�
Cle YSr,�
FAZcs
P2Kin/ 6 L D T
Ri
L
!cc ck a�
� c 5• �
0� DOOR
t
3
� b
e
- b�
r �_ 5QC
aQ
Ito �forw Curb
�o TfdAI 61 moor �-
V
ItyEnIuE L .
ALLtl
quake a f Cur6 euf
14 ea r jaoe- io f K//Aieir
ramp
Apr
GC
6 E,VOA
XPr.
.A.A.
P,4-.e-X lVg 1-0 7
F. rw 1 r�
s
I
Ir
Mr
I:
Y
.S/tt /, 7-W
7-L-r'11t ,PL E
ey
t �mi
Ap
U6
9
Iq
?V.f' (Wj�rf.&VIWD)
so
YD . e-
PAKAVI,
r
9
F
blaptp -
t
ens
L- L L___v L--,- L,---' i. t L_ : L_- L-- L--, t-._, L-,-- L_- [-- - L- L- L--_-
011
c�
f - 21 Axes
Nk
ok�+,+'g1 Eta1v-
t.._-__ t - L..:. L-_- L--.. L
sW A4 A4 i PJG
Po cc
-r&)
dOU47
fl,rN! bl e enews
No Text
ATTACHMENT F
13 COPIES ENCLOSED
l
Iv
Parabolt
USED TO ANCHOR SHOES TO
CONCRETE PAD
Klick-twin
USED TO FASTEN WOOD SEATS TO
SEAT BRACKETS
S/S Beam bolt
USED TO ATTACH BFUUM TO
BEAM CLIPS
Hammer rivet
USED TO ATTACH SEAT BRACKETS TO
SHELTER, AND SHELTER POSTS TO
ANCHOR SHOES
.window rivet
USED TO ATTACH GLAZED WINDOWS T
SHELTER FRAME. ALSO USED TO
ATTACH ROOF MODULES TO SHELTER
FRAME
SPECIAL CONDITIONS
58
NOTICE OF ACCEPTANCE
TO:
The City of Lubbock, having considered the proposals submitted and opened on the _,day of
199_, for work to be done and materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it
appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal
was accepted by the City Council of the City of Lubbock on the day of 199_ at the bid price contained
therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all
other documents specified and required to be executed and furnished under the contract documents. It will be necessary for
you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such
contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and
furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of
Lubbock.
CITY OF LUBBOCK
Owner's Representative
60
MAP IN FILE
SEE
RESOLUTION
3/ 16" DIA. X 1 /4" G.R.
AL. DOMED RIVET (TYP FOR
ALL CONNECTIONS SHOWN)
2 1/2" X 2 1/2" X 1/8"
CORNER POST (TYP)
CONTINUOUS ALUMINUM
PIANO HINGE (FINISH
TO MATCH)
ADHESIVE -BACKED FOAM
3/16" DIA. X 1/ 4" G.R. RUBBER STRIP ACROSS
AL. DOMED RIVET (TYP FOR f--WINDOW FRAMING HORIZONTAL MEMBERS OF
ALL CONNECTIONS SHOWN) I I SCHEDULE HOLDER
SCHEDULE HOLDER
(HORIZONTAL MEMBER)
2 1 /2" X 1 1 /2" X 1/8-
MULLION (TYP)
x � I
1/4-20 THREADED
S/S RIVNUT
\� 1 4- H
/ 20 S/S PAN HEAD D
\ TAMPERPROOF SPANNER
MACHINE SCREW
�1"X1"X1/8"
ALUMINUM ANGLE
atswT"
SLIMLINE SCHEDULE HOLIER
(jBRASCO
BRASCO, INC.
13271 Mt. Elliot
Detroit, Michigan 48212
+ � i
' � 1
Cf�M�R)
'— CC'NTNIY)LLS PUJM. r'"^"'�,' NItJl,�F
. W A IJM. WvLrT
*NOTES FI2oMINf. �1T� •Nollot MuW— N,--- M&r V-Ot7-Ac4oRDIN4
Ta S.�t�.Ztc0. STy1.b.
SaHeo",-b got_hfrrL
a - IoArE
' • 1'
A2-men
y TAWr= PRCZF Fes.-_TENMV
L 1-.1•-yt• ALUM. AN41.p.
Midwest
American
Shelter
systems
ST-o ao
vvgco\,/ GLr-,,Z1 NG E2!j! L
Z��G'FV�i�MApL.Jr', i�CaG MI'fa++ED_
WrrH MAIVNM fFAVM P=Ly%X=rG ,
A'.CALUPA KIJK-T-*4 �570-lMr, O
i •:
i
�rdNO a afl S��T�QNs
AS 140TI p rsle6
'ImMidwest
American
Shelter
systems
15"
16"
1/8" X 1" X 8" AL. BACKREST
STRAP RIVETED TO BACKREST,
FIELD RIVETED TO VERTICAL POST e
II II
II II
II II
II II
II II
II II
II II
3/16"0 X 3/8" G.R. S/S DOMED BLIND RIVE' (TYP)
Le
WELDED REINFORCEMENT AT END BRACKETS 5/16"-18 R.H. SO. NECK
BRACKETS ARE .160 ALUMINUM PLATE CARRIAGE BOLT, NUT &
LOCKWASHER, ALL S/S,
5 7/8" 5 7/8" FIELD INSTALLED (TYP)
1/2" SLAT TIE —DOWN CUP
�______________r_ -
DOUBLE BRACKETS
ON MULLION
�6" 11 1/2"
SILL —� 3/16"0 X 3/8" G.R. S/S DOMED BLIND RIVET (TYP)
COLUMN
FLOOR
END VIEW
MU _LION
wim
BACKREST
COLUMN
REINFORCE—
MENT PLATE
BENCH
SLAT
END CAP
SUPPORT
BRACKET
SILL
FRONT VIEW QBRSCRQSCO
ALUMINUM BENCH AND BACKFEST 13271 Mt.
ENott
nECMPraf SHOWN ON 'SLIMUNE' MODEL SHELTER Detroit, Mich;gan 48212
JM NAME DR BY B. D.I. DATE 10/26/8i
REIASED 3-010DE SCALE 1 4 = 1
cusrouERDWG
SHEET (0 OF `i ; No. DET09
- - - - - - - - - - - - - - -
I
110 V 1-PHASE DUPLEX RECEPTICLE
(220 v) 220 V 1-PHASE QUADRUPLEX RECEPTICLE
W.P. 110 V 1-PHASE WATER PROOF DUPLEX RECEPTICLE
1/8 it SC. POWER PLAN
a
1/4'
%'
5"
�.�-- 2 1/2" X 2 1/2' X 1/8'
VERTICAL POST
1 /4' DIA X 318" G.R. S/S COMED
DRIVE RIVET (4/1BOOT-FIELD APPLIED)
SHIM AS NEEDED
WEEP HOLE
BOOT CONSISTS OF A
3" X 3" X .200" AL TUBE
WELDED TO A 3' X 1/4'
AL PLATE (FINISH TO MATCIi)
1/2-13 X 3 3/4" WEDGE ANCHOR
BOLT, NUT AND WASHER (ALL S/S)
oexwro'N
SLIMLINE ANCHOR SYSTEM DETAIL
BRAS�O
SRASCO, INC.
13271 Alt. Elliott
Detroit, Michigan 48212
INTERNAL BOLT ANCHOR SHOE TtGti7F G+ETAiL
• G' �A,SGtA •►/NTCG.�.AL. ���E�G Y.�`r5
)V ALMA 41AMoE9 Q1vt
t
IV
,. .
..� .• e �
• • ' fib•" 5 �' mizAHocT
�
a
6E Moo
i
GGLL
�� %�� r•�NSTFCLYii�C�H � �V��
�P F++►SC3A' � d �'f • l�LGPi�s ICB1►It.::(1'♦ �►�+,,�,��
STAtiOAFZp S�CT'1oNS 4 Midwest
FAW American
�m MOTU= I I C.A" ::i � a.:� � Shelter ST-Sr
-f �
i
2 1/2" X 2 1/2" X 1/8"
COLUMN (TYP) 6063-T5
ANODIZED ALUMINUM
1 /4-20 X 3/ 4" S/S HEX CAP
BOLT & FLAT WASHER AND
1/4-20 S/S HEX NUT &
SPLIT WASHER (TYP)
2 PER CONNECTION
�2 1/4" X 2 1/4" X 1/4"
1 FRAME CL? (TYP)
\ 6061- T6 ALUNNUM
1/4"0 X 3/8" G.R. CONCEALED ALUM.
FLAT HEAD DRIVE RIVET WITH S/S
PIN (TYP), 2 PER CONNECTION
2 1 /2" X 1 1 /2" X
1 /8" MULLION (TYP) 6063-T5
ANODIZED ALUMINUM
21/4"X11/4"X1/4"
FRAME CLIP (TYP) 6061-T6 AL.
1 /4"0 X 3/8" G.R. CONCEALED ALUM.
FIAT HEAD DRIVE RIVET WITH S/S
PIV (TYP), 2 PER CONNECTION
1/ 4"0 X 3/8" G.R. ALUMINUM W/ S/S
PIV DOME HEAD DRIVE RIVET, 2 PER
INTERMEDIATE CONNECTION
2 1/2- X 2 1/2" X 1/8"
SILL OR HEADER (TYP)
6063--T5 ANODIZED ALUMINUM
Duna+
�SLIMLINE INTERNAL CONNECTIJ
J09 RAW
II �
u
j 0UST011ER
(:B:RA:SDCO
BRASCO, INC.
13271 Mt. Elliot
Detroit, Michigon 48212
DR BY B. IRVING JDATE 8/ 12/ 91
REVISED 1-352DESCALE FULL
WG
SHEET 2 OF 7 No DETO1
V
FRONT
e//
1 1 /2" MULLION TYP
2 1 /2"
i--
AL BENCH/BACKREST -J
1 i
P LAN 35 1 /2"--_\
SCHEDULE HOLDER, t
- 73 5/8" -
144 3/4" O.D.
151" FASCIA
73 1
DAYLITE
OPENING
SIDE
86 1 /4"
TO TOP
OF HEADER
�„ , •�,- 72" FASCIA
65 3/4'
6"
83 5/1 C
TO BOTTOM
OF FASCIA
4"
NOTES
FINISH IS 313 DARK BRONZE ANODIZED
GLAZING IS 114" BRONZE -TINT ACRYLIC
ROOF IS 1 /4 NOM. WHITE TR NSLUCENT ACRYLIC BUBBLE DOME
6'-0 5/8" LONG ALUMINUM BENCH AND BACKREST TO MATCH
24' SCHEDULE HOLDER W/ 1/." CLEAR ACRYLIC GLAZING
SHELTER CONFORMS TO A.D.A. REQUIREMENTS
BRASDO
BwASCO, INC.
13271 W. OW
Delroit.lAk*an 48212
6"
-----------------,
I
i I
• I
I
I
I
------------------j
1 /4" NOM... ACRYLIC BUBBLE DOME
INTERNAL ALUMINUM
CORNER KEYS
1/4"0 X 1/4" G.R. ALUMINUM
WITH S/S PIN DOME HEAD HAMMER
RIVET (TYP) ON 24"-32" CENTERS
FINISH TO MATCH. FIELD APPLIED
THRU PILOT HOLES
�- 2 1 /2" X 2 1 /2" X 1 /8" HEADER BEAM
WINDOW FRAMING
ALL SEAMS
SILICONE SEALED
FASCIA
I I 1 II 1 \ CUP
DOME
TOP VIEW OF CORNER
Q=BRASCO
BRASCO, INC.
13271 Mt. Elliott
Detroit, Michiqan 48212
MT. ® 7' — 0"
rk
LIGHTING
FIXTURE SCHEDULE
SYMBOLS
MK
MANUFACTURER
CATALOGUE NO.
TYPE
LENS
LAMP
c===a
A
LITHONIA
L296-120ESHC144
IND.STRIP
— — — — —
2—F96T12RSCWMII
A104
B
LITHONIA
TWP175M-120PE
WALL—PAK
POLYCARBONATE
175CWA MED 100
A
C
LITHONIA
TX400MA26-120
LOW —BAY
ACRYLIC
MH4000VL1
-0-
UNIT HEATER MUH — 10-2 240-1PH 42AMPS 34120BTUH
---------------
H
I
I
� •
i I
�� a �� � ^
o
� i
N.
rl
I
I
H (
I
I
1
I
I
I
- - - - - - - - - - - -
I
i
I
- -' J
Of
O i�e
0 O
� ~ m
z C)
m Q
o
.i
A
��
�+ �'�9o
0
1 8 sc. ELECTRICAL FIXTURE PLAN A000 ai E 2INC
POWER
SCHEDULE
400 MCB
PANEL
4-60a-2p
FOR UNIT HEATER
2-20a-1 p
FOR INT LTC
1-20a-2p
FOR AIR COMPRESSOR
1-20o—lp
FOR EXTERIOR LIGHTING
1-40o-2p
FOR WATER HEATER
1-50a-2p
FOR WELDING OUTLET
4-20o-1 p
FOR MISC. OUTLETS
4-20a—lp
SPARES
----------------------------------------------------------------
I
1/4" GLAZING MATERIAL
i
2 1 /2" X 2 1 /2"
X 1/8" POST (TYP)
BLACK PVC
i DRY —SET SPLINE GASKET
3/4" MIN. ENGAGEMENT
2 -I
EXTRUDED ALUMINUM WINDOW
SASH, MITERED WITH 1 /8" THICK
ALUMINUM CORNER KEY
1 3/8"
1 1/2" X 2 1/2" X 1/8" MULLION (TYP)
3/16" DIA. DOMED ALUMINUM
RIVETS, 13- O.C. (TYP)
OESMP naN
S LIMLINE WINDOW FRAMING :DETAIL
BRASCO
BRASCO, INC.
13271 Mt. Elliott
Detroit, Michigan 48212
rA
CCNNE C,TIUN F;,ET.&JL
64
A W vccr. 4 rr: Arb
s�
SCUTS (V)
s
1
STANDARA SE�,rONs
erxE DFK w:
Midwest
American
Shelter
�''/ Im Systems