HomeMy WebLinkAboutResolution - 4366 - Contract - Birchwood Construction - West Entrance Bridge Renovation, MCC - 01_27_1994Resolution No. 4366
January 27, 1994
Item #13
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and Birchwood Construction Company of Lubbock, Texas to
furnish and install all materials as bid for the West Entrance Bridge Renovation at the Lubbock
Memorial Civic Center for the City of Lubbock, which contract is attached hereto, 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 27th day of January 1994.
ATTEST:.
etty NV Jo son, IZity Secretary
APPROVED AS TO CONTENT:
Victor Ki m n, Purchasing Manager
APPROVED AS TO
Assistant City Attorney
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January 19, 1994
CITY OF LUBBOCK
SPECIFICATIONS FOR
WEST ENTRANCE BRIDGE RENOVATION
LUBBOCK MEMORIAL CIVIC CENTER
BID #12799
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CITY of LUBBOCK
Lubbock, -Texas
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
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606-767-2167
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MAILED TO VENDOR
CLOSE DATE:
Office of
Purchasing
JANUARY 7,1994
JANUARY 13,1994 AT 2 P.M.
BID #12799 - WEST ENTRANCE BRIDGE RENOVATION - LUBBOCK MEMORIAL
CIVIC CENTER
ADDENDUM # 1
Please modify or amend Contract Documents as follows:
1. The time and order of completion shall be changed to ninety (90) consecutive calendar
days -
All requests for additional information or clarification concerning this bid should be submitted in writing
and directed to Ron Shuffield, Senior Buyer.
PLEASE RETURN ONE COPY WITH YOUR BID
YOU,
Ron Shuffield
Senior Buyer
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
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MAILED TO VENDOR JANUARY 12,1994
CLOSE DATE: JANUARY 13,1994 AT 2 PAL
Office of
Purchasing
BID #12799 - WEST ENTRANCE BRIDGE RENOVATION - LUBBOCK MEMORIAL
CIVIC CENTER
ADDENDUM # 2
Please modify or amend Contract Documents as follows:
1. Section 02501, Modular Paving Brick Surfacing, paragraph 2. IA. This paragraph
should read "solid -brick pavers 8" x 4" x 2 1/4". The brick colors shown on the
drawings are to be revisal to read 751D and 656 Academy..
All requests for additional information or clarification concerning this bid should be submitted m writing
and directed to Ron Shuflield, Senior Buyer.
PLEASE RETURN ONE COPY VaM YOUR BID
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YOU,
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Ron Shuffield
Senior Buyer
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CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: WEST ENTRANCE BRIDGE RENOVATION -
LUBBOCK MEMORIAL CIVIC CENTER
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 12799
PROJECT NUMBER: 1491-552101-9815
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
4. PAYMENT BOND
S. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
8. GENERAL CONDITIONS OF THE AGREEMENT
9. CURRENT WAGE DETERMINATIONS
10. SPECIFICATIONS
II. SPECIAL CONDITIONS
12. NOTICE OF ACCEPTANCE
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NOTICE TO BIDDERS
BID #12799
Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the
office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00
o'clock p.m. on the 13th day of January,1994, 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:
WEST ENTRANCE BRIDGE RENOVATION - LUBBOCK MEMORIAL CIVIC CENTER
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 27th day of January, 1994, at the Municipal
Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably oDnvenient, 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
1 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.
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The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or
national origin in consideration for an award.
There will be a pre -bid conference on 6th day of January.1994, at 10:00 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.
C OF LUB OCK
on Shuffield
SENIOR BUYER
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ADVERTISEMENT FOR BIDS
BID # 12799
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,
E Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 13th day of Januarv.1994, 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:
WEST ENTRANCE BRIDGE RENOVATION - LUBBOCK MEMORIAL CIVIC CENTER
After the expiration of the time and date above first written, said sealed proposals will be opened
in the office of the Buyer and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office
1 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 the 6th day of January, 1994, at 10:00 am., at
Conference Room 108, 1625 13th Strect, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock
prebid 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 (906) 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.
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. SSOPE OF WORK
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The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
r project in accordance with contract documents for the West Entrance Bridge Renovation - Lubbock Memorial Civic
Center.
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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. T1ME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 60 (sixty) 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.
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
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.
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8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which
shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature
whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work
as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use during
construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The
Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for
proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the
work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its
certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed
contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 ^
of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the time of purchase.
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to
exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground
structures which might or could be damaged by Contractor during the construction of the project contemplated by these
contract documents. The City of Lubbock agrees that it will fiirnish 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
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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 uses where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be
the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the
site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable
the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however,
shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the work is in
progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number
where such local representative may be reached during the time that the work contemplated by this contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these
contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of
general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the
requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract
within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the
Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and —
obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow
construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract
which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day
of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this _
contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than
once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the
seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible
copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each -`
day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates
or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The
Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each _
laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is
paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per
diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals 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.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in
and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or
furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of
discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If
the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is
submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal _
signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a
company or corporation, the company or corporate name and business address must be given, and the proposal signed by an
official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly
certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the _
outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
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Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal
may be withdrawn or altered thereafter.
r 21. BOUND COPY OF CONTRACT DOCUMENTS
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.
M General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by
reference into the aforementioned contract documents.
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BID PROPOSAL
LUMP SUM PROPOSAL CONTRACT
PLACE: ALCC-k0-C,;L
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DATE: 1.5
{.- PROJECT NUMBER: 12799 - WEST ENTRANCE BRIDGE RENOVATION - LUBBOCK MEMORIAL CIVIC CENTER
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Proposal of �R11 C 4 w a')a CTW t 4' L J i a" (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the
proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents.
SERVICES]
TOTAL BID:
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r" (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
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Bidder hereby agrees to commence the work on the above ect on or before a date to be specified in a written "Notice to
Proceed" of the Owner and to fully complete the project within 9'd thereafter as stipulated in the specifications and other
contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sumo of $100.00 (ONE HUNDRED
DOLLARSI for each day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the
general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction
number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted
a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award v
the contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check for we col,., A u-kk" —j �Wy ce 1.
Dollars (Q Thq, OSior a Proposal Bond in the sum of yw/ A- Dollars ($_.- a - ), c
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the —
Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner withi
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 docume—
made available to him for his inspection in accordance with the Notice to Bidders.
(Seal if Bidder is a Corporation)
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BOND EXECUTED IN TWO ORIGINALS
STATUTORY PAYMENT BO\,:D PURSUANT TO ARTICLE 5160. Bond No. GI 5584821
OF THE REVISED CIVIL STATUTES OF TEXAS
AS A:tiIENDED BY
ACTS OF THE 56711 rI LEGISL-kTURE. REGULAR SESSION,
i959
KNOW ALL MEN BY THESE PRESENTS, that Birchwood Construction, Inc. (hereinafter called the Principal(s), as
2815 N. U.S. Iliay. 385, Levelland, TX 79338
Princ:pal(s), and
Gulf Insurance Company, 5550 W. Touhy Ave., Skokie, IL 60077
(hereinafter called the Suretv(s), as Surmy(s), arc he!d:!nd firms;, bound t:brd1ddlL-fksXhabbock (hereinafter called the Oblig=), in
the amount of Fifty seven thousand five hundred one-- Dollars (S 5 7 , 501.00) lawful money of the United States for the
payment :•hereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
«REAS, the Principal has entered into a cc..-tain written contract with the Obligee, dated the 27th day of
January 19 94, to
West Entrance Bridge Renovation —Lubbock Memorial Civic Center. Proiect #12 99,
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the
j-- amount of said contract which contract is hereby referred to and made a pan hereof as fully and to the same extent as if copied at
i length herein.
NOW, THEREFORE, iris C. jNDi'1 tuN Ur �Z UC—AiA PION IS SUCK that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then,
this obligation shall be void; otheruise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is c ccuted pursvant to the pro%isions of Article 5160 of the Revised Civil Statutes
of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the sam; it s` ::rCr. ccpicd at Ien;th herein.
IN WiNESS WHEREOF, the said Principal is) and Surcw (s) have signed and scaled this instrument this 16th day of
March 19 94.
Gulf Insurance Company
Surety
.BY:
(TitleV.R. Damiano, J •. r heryl L. Humphrey
ttorney—In—Fact
(Title)
BOND CHECK 4 44
: BEST RATING _ By.
LICENSED IN TEXAS flit icl
r DATE a aN By
Bond No. GI 558482
The undersigned surety company represents that it is duly attalifid to do business in Texas, and hereby designates
V.R Damian, Jr. an agent resident in Lubbock County to whom any requisite aotiecs may be delivered and on whom service
of process may be had in matters arising out of suet suretyship.
Gulf Insurance Company
Surety
` By- �L
(Ti ) . R. Damian i o r
ttorney—In—;ac
Approved as to Corm: Cheryl L . Humphrey
CinAttorney
Note: If signed by an oficer of the Surety Company there must be on file a certified extract from the by -taws showing that this
person tz: s ailthority to si_s:I such obiip-ation. if signed by an Attorney in Fact. ne must have copy of power of attorney for our rites.
7
„GULF INSURANCE COMPANY
KANSAS CITY, MISSOURI
POWER OF ATTORNEY
rUGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE
it ,FETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE
.ME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN
CONJUNCTION WITH THE ORIGINAL.
KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com-
5pcorporation duly organized under the laws of the State of Missouri, having
ipal oce in the city of Irving, Texas, pursuant to the following resolution,
yPrtliffi
by the Finance & Executive Committee of the Board of Directors of the said
Company on the loth day of August, 1993, to wit:
RESOLVED, that the President, Executive Vice President or any Senior Vice
sident of the Company shall have authority to snake, execute and deliver a Power
Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as
y be selected from time to time; and any such Attorney -in fact may be removed
and the authority granted him revoked by the President, or any Executive Vice
President, or any Senior Vice President, or by the Board of Directors or by the
ante and Executive Committee of the Board of Directors,
RESOLVED, that nothing in this Power of Attorney shall be conned as a grant
authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or other-
wise issue a policy or policies of insurance on behalf of Gulf Insurance Company.
RESOLVED, that the signature of the President, Executive Vice President or
f'/ Senior Vice President, and the Seal of the Company may be affixed to any such
wer of Attorney or any certificate relating thereto by facsimile, and any such
E. vers so executed and certified by facsimile signature and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond and
documents relating to such bonds to which they are attached.”
0 'If Insurance Company does hereby make, constitute and appoint'
NUMBER G15584821
PRINCIPAL NAME, ADDRESS l
CITY, STATE, ZIP
Birchwood Construction, Inc.
2815 N. U.S. Hwy. 385
Levelland, TX 79338
EFFECTIVE DATE
March 16, 1994
r CONTRACT AMOUNT l
$ 57,501.00
1$ 57,501.00
F. V.R. Damian, Jr. of Texas or Cheyl L. Humphrey of Texas
BOND AMOUNT
it true and lawful attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its
.� ialf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,
41 lertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of
said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed three million (b3,000,000.00) dollars.
rIN WITNESS WHEREOF, the Guir Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to
t hereto affixed.
gVRANCf C
`O� Poggr� off' GULF INSURANCE COMPANY
2
. v CLEAT �
y�Ss0\3
ATE OF NEW YORK ) Christopher E. Watson
SS Executive Vice President
COUNTY OF NEW YORK )
rOn this 10th day of August, 1993 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and
; that he resides in the County of Westchester, State of New York; that be is the Executive Vice President of the Gulf Insurance Company, the corpora-
[; i described in and which executed the above Instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such
corporate seal; that It was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order.
l NpTAq/ o /
Janene M. Brando
r No.30-4979591
FAXE OF NEW YORK ) �OF NE`N Qualified In Nassau County
SS My Commission Expires April 1, 1995
COUNTY OF NEW YORK )
r 1, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and
sf ached POWER OF ATTORNEY remains in full force.
,
oft—Cf
c
rSigned and Sealed at the City of New York. J �QPCR�l�` ot�
I SL' 4
so JP`
Dated the 16th day of March , 19 94
Lawrence P. Minfter
Senior Vice President
�•.
Oa
W
U
O
a
Lv._.: C._� L � C__. L.� �_� C -r L�.� �.-, lY-z: � �; L� C -�..j L..o: C� L�.�: 1.-
BOND EXECUTED IN TWO ORIGINALS
STA=1 1ORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160. Bond No. GI 558482
OF THE REVISr_, C:V M STATUTES OF TEXAS AS
A.V ENDED BY
LC ► S OF THE 56TH LEGISLA i JRE, REGULAR SESSION 1959
Birchwood Construction, Inc. 2815 N. U.S. Hwy. 385, Level1and TK
KNOW ALL NEN BY ► rMSE PRESENTS, that (hereinafter called the Principai(s), as Principal(s). and 79338
Gulf Insurance Company, 5550 W. Touhy Ave., Skokie, IL 60077
(herciratter c illcd dic Surc-.4s). as Surm. s), are held and irznh• bound unto the City of Lubbock (hereinafter called the Obligee). in
the amount otFifty seven thousand five hundred one --Dollars (S57 , 501. 00) lawfuI money of the United States for the
payment whereof. the said Principal and Surety bind thernseives, and their heirs, administrators, esecstors, succ:ssors and assigns,
jointly and severally. firmly by these presents.
%VF.F-P.EAS, the Principal has entered into a certain -wrinen contract urith the Oblig=, dated the 27tLav of
January . 1994 to
West Entrance Bridge Renovation -Lubbock Memorial Civic Center. Project #12799.
and said principal under the la«• is rewired before commencing the work provided for in said contractto execute a bond in the
amount of said contract which contract is hereby referred to and trade a part hereof as Fully and to the same extent as if copied at
!ength herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCK that if the said Principal shall faithfully
perform the work in ac_; r; :nc� 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 .-cs of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be de -ermined 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 I6thdav of
Maros- -- -- 1 "_.94.
Gulf Insurance Company Birchwo Constructi u, Inc.
Surety
By:
(Title) V.R. D 3ono,Jr.or hery L. Humphrey
Attorn n-Fact 1
% Crt1e1
By.
r" Mr1e)
BOND CHECK 14
BEST RATING By:
LICENSED IN TEXAS (Title)
DATE y BY
I -
r
t
t.
f Bond No. GI 5584821
The undersigned surety company represents that it is duly quaiified to do business in Texas, and hereby designates
V.R. Damian, Jr. an agcnt resident in Lubbock County to whom any requisite notics may be deacered and on whom service of
proccss may be had in matters arising out of such suretyship.
Gulf Insurance Company
Surer•
By: N" V.
(Title) V. Damiano , Jr. o
A to ey—In—Fact
Approved as to Form Cheryl L . Humphrey
City of Lubbock 1
3;•:
City Aaorney
' Note: if signed by an officer of the Surety Company, there must be on file a certified extract from the by-lzvs showing that this
person has authority to sien such obligation. If signed by an Anorney in Fact. %vc :rust havc copy of po«•cr of attorney for our files.
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. O. Box 149104
Austin, TX 78714-9104
FAX 1(512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim
you should contact the agent or the company first. If the dispute is
not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or
condition of the attached document.
F
7,
CERTIFICATE OF INSURANCE
7
CERTIFICATE OF INSURANCE '� 2 °24-94°"Y'
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
BLEDSOE INSURANCE AGENCY NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
M 7 5143-69TH STREET EXTEND OR ALTER THE COVERAGE AFFORDED -BY THE POLICIES BELOW
P. 0. BOX 65028 COMPANIES AFFORDING COVERAGE
LUBBOCK, TX. 79464-5028
806-76 COMPANY A TRINITY INSURANCE COMPANIES
l CFd3<X NO: 0: 80806-794-927�Ie-CODE LETTER
COMPANY B FARMINGTON CASUALTY/AETNA
INSURED LETTER
BIRCHWOOD CONSTRUCTION, INC. LEOTMTERNY Ci
I P.O. BOX 8241
p� COMPANY D
I LETTER
LEVELLAND, TX. 79338
COMPANY E
LETTER
r'COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR DATE (MM/DD/YY) DATE (MM/DD/YY)
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
GENERAL AGGREGATE s 500,
A X COMMERCIAL GENERAL LIABILITY GLA 5793922 00 10-15-93 10-15-94
PRODUCTS1:OMP/OPS AGGREGATE $ 500,
CLAIMS MADE XX OCCUR.
PERSONAL & ADVERTISING INJURY $ 500,
OWNER'S & CONTRACTOR'S PROT.
EACH OCCURRENCE $ 500,
FIRE DAMAGE (Any one tire) i 50,
MEDICAL EXPENSE (Any one person) $ 5,
AUTOMOBILE LIABILITY
COMBINED
SINGLE $
ANY AUTO
LIMIT
ALL OWNED AUTOS
BODILY
INJURY s
SCHEDULED AUTOS
(Per person)
HIRED AUTOS
BODILY
INJURY $
NON -OWNED AUTOS
(Per accident)
GARAGE LIABILITY
PROPERTY
DAMAGE =
EXCESS LIABILITY
EACH AGGREGATE
OCCURRENCE
s s
I OTHER THAN UMURELLA FURM
STATUTORY
WORKER'S COMPENSATION
$ 100 , (EACH ACCIDENT)
B AND 071CZ0022559699 CCF 10-15-93 10-15-94
= 500, (DISEASE —POLICY LIMIT)
EMPLOYERS' LIABILITY
$ 100, (DISEASE —EACH EMPLOYEE,
OTHER
XSCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS
CONCRETE OPERATIONS
t.
I CERTIFICATE HOLDER CANCELLATION
'CITY OF LUBBOCK
1625-13TH STREET
ROOM L 04
LUBBOCK, TX. 79401
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 010— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
ATTN: LYDIA
►CORD 25-S (3/88)
AUTHORIZED REPRESENTATIVE
BLEDSOE INSURAIJ AGEN ,'
�� CACORD CORPORATION 1988
L-.- L- [_: - L- L®j I- Lr- L� I- L- L-: L� L
7
E
FCONTRACT
7 STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 27th day of January,1994, by and between the City of Lubbock, County
7 of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to
as OWNER, and BIRCHWOOD CONSTRUCTION COMPANY of the City of Lubbock, County of Lubbock, and the State of
F
Texas, hereinafter termed CONTRACTOR
r
F
7
F
r
E,
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 airy) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #12799 - WEST ENTRANCE BRIDGE RENOVATION-LUBBOCK MEMORIAL CIVIC CENTER FOR $57,501.00
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 executed this agreement in Lubbock, Lubbock County, Texas in the
year and day first above written.
APPROVED •CONTENT:
/ A, ��
APPROVED AS TO FOR&�'�
5313 50th Street, Suite Dfi
Lubbock. TX 79414
GENERAL CONDITIONS OF THE AGREEMENT
r
4
1. OWNER
GENERAL CONDITIONS OF THE AGREEMENT
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be
understood as referring to the City of Lubbock, Texas.
E 2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: BIRCHWOOD CONSTRUCTION COMPANY who
has agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
FREDDY CIIAWZ, OPERATIONS AND ENGINEERING SUPERINTENDENT, City of Lubbock, under whose
supervision these contract documents, including the plans and specifications, were prepared, and who will inspect
constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any
particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's
Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's 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
Eke import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like
import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
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.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known,
technical or trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
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
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and
to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to
make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the
work contemplated by these contract documents or the completion of the work contemplated by these contract documents.
Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or
removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's
Representative at Contractor's expense.
1 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
r Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative
shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further
agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction
thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of
said Contractor. The Owner's Representatives's estimates and findings shall be conditions precedent to the right of the
�-- parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under
this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the
opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with
said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action
may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's
Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to
arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a
r, 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 Rzth 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
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the
H� work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
�- is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work.
r-I
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 materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also
understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials,
tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be
maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be
constructed and maintained by the Contractor in such ;Wanner 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.
7 If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by
the Contractor unless otherwise provided herein. Any work which fails to 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
rContractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's
Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve
the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with
plans, specification and contract documents, the Contractor 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 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 so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as
provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor
to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to
the Contractor for performing said extra work shall be determined by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then
the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this 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 (151/6) 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.
C27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
r The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation
laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and
others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building
and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible
with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend,
indemnify and save harmless the Owner and all of its officers, agents and employees from. all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons
or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the
execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to
` pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the
Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors.
F28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried
with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection
with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor.
A Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single
Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement
doing so is to be attached to the Certificate of Insurance.
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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 Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
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
Worker's Compensation Insurance 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.
(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
r 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.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
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
r 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 nature hereinabove designated
have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after
demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the
unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to
discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
17 The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the
Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be
responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer
or manufacturers is specified or required in these contract documents by Owner, provided, however, if choice of alternate
design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless
! from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
r— Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
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If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, 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. TIlVIE 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) 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. THVIE AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most
conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the
work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications,
and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work
done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing
work done under this contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which
shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the
several parts of the work and estimated dates of completion of the several parts.
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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
r 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_ADJODUNG PROPERTY
R , The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered,
P� which may be injured or seriously affected by any process of construction to be undertaken. under this agreement, from any
damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the
Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing
ti out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
rContractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in, the proposal attached hereto,
which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all
materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly
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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 fiirther, 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.
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
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his
own expense promptly replace such condemned materials with other materials conforming to the requirements of the
contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or
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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.
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J 46. CORRECTION OF WORK AFTER FINAL PAYMENT
r Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for
d faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
t 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.
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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 acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute.
The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third
chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the
District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party
demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the
decision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter
within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply
the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex
Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless
either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that
each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of
Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY
QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT
TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums
as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable
cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless
otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The
award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or
award.
50. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative,
when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the
Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for —
work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of
the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra
Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of
such equipment and materials 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 than the sum which would have been payable under this contract, if the same had
been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to
the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a
general circulation in the County of location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to
the Owner under the new contract as compared to what would have been the cost under this contract, such increase
shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that which would have been the cost to complete the work
under this contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of
completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized
statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and
w
delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the
balance due as reflected by said statement within 30 days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
r' 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 *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
51. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's
Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value
of all work actually completed by said Contractor at the prices stated in the the attached proposal, the value of all partially
completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or
provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor
to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final
statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and
all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner
who shall pay to the Contractor on or 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. BONDS
The successful bidder shall be required to fiumish a performance bond and payment bond in accordance with Article 5160,
Vemon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the 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
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F
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.
CURRENT WAGE DETERMINATIONS
Resolution 12502
• January 8, 1987
Agenda Item #18
DGV:da
RESOLUTION
WHEREAS, the City 'Council has heretofore established the general
prevailing rate of per diem wages for each craft or, type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
..contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes: -
Exhibit A: Building Construction'Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January , 1987.
• iTE
Ranettd..Boyd, CityQSecretary
APPROVED T, NTENT:
Bi 1 P/yne, D rector of Building
Services
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Do Id G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Hourly Rate
Acoustical Ceiling Installer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer '
10.50
Bricklayer -Helper
5.00
Carpenter
'11.00
Carpenter -Helper
5.50
Cement Finisher
7.35
Drywall Hanger
8.70
Electrician
10.50
Electrician -Helper
5.25
Equipment Operator -
Heavy
8.00
Light
5.70
Floor Installer
8.00
Glazier
7.50
Insulator, Piping/Boiler
9.50
Insulator -Helper
5.00
Iron Worker
7.30
Laborer, General
4.75
Mortar Mixer
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65
Roofer -Helper
4.75
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder - Certified
8.00
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
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45 —
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT 0
Prevailing Wage Rates
Overtime Rate The rate for overtime (in excess of forty hours per week) is l 1/2
times base rate. —
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.l 1/2 times base rate.
SPECIFICATIONS
7
MEMORIAL CIVIC CENTER REPAIRS
RESURFACING OF PEDESTRIAN BRIDGE
CITY OF LUBBOCK, TEXAS
October 1993
GREEN HARVEY ASSOCIATES, INC.
ARCHITECTS - PLANNERS
GHA, Inc. Project No. 9303
TABLE OF CONTENTS
BIDDING CONDITIONS
Provided by City of Lubbock
DIVISION 1:
GENERAL REQUIREMENTS
01010
Summary of Work
01040
Coordination
01090
Reference Standards
01340
Submittals
01400
Quality Control
01500
Temporary Facilities
01600
Material and Equipment
01700
Contract Closeout
DIVISION 2:
SITE WORK
02050
Demolition
02501
Modular Paving Brick Surfacing
DIVISION 3:
CONCRETE
Not Used
DIVISION 4:
MASONRY
Not Used
DIVISION 5:
METAL
05800
Expansion Joint Frames and Covers
DMSION 6:
WOOD AND PLASTICS
Not Used
TABLE OF CONTENTS
TC •1
DIVISION 7:
THERMAL AND MOISTURE PROTECTION
Not Used
DIVISION 8:
DOORS AND WINDOWS
Not Used
DIVISION 9:
FINISHES
Not Used
DIVISION 10:
SPECIALMES
Not Used
DIVISION 11:
EQUIPMENT
Not Used
DIVISION 12:
FURNISHINGS
Not Used
DIVISION 13:
SPECIAL CONSTRUCTION
Not Used
DIVISION 14:
CONVEYING SYSTEMS
Not Used
DIVISION 1S:
MECHANICAL
Not Used
DIVISION 16:
ELECTRICAL
Not Used
TABLE OF CONTENTS TC -2
SECTION 01010
SUMMARY OF WORK
PART1 GENERAL
1.1 RELATED DOCUMENTS
A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this
Section.
1.2 SECTION INCLUDES
A. Work covered by Contract Documents.
B. Contractor use of site and premises.
C. Owner occupancy.
1.3 WORK COVERED BY CONTRACT DOCUMENTS
A. This project includes the removal of existing surfacing materials from the Pedestrian Bridge at the
City of Lubbock Memorial Civic Center and the installation of new modular paving brick
surfacing and miscellaneous related items of work. All work to be accomplished as shown on the
drawings and as specified.
B. Core samples removed from the existing bridge materials are available for inspection by
contractor, contact Civic Center Operations/Engineering Superintendent Freddy Chavez, 767-2267.
1.4 CONTRACTOR USE OF SITE AND PREMISES
A. Limit use of site and premises to allow:
1. Owner occupancy of adjacent areas.
2. Work by others.
3. Use of adjacent building premises and parking areas by public for scheduled activities.
1.5 OWNER OCCUPANCY
A.
1. The Owner will occupy the site and adjacent building during entire period of construction
for the conduct of normal operations.
2. The Pedestrian Bridge will be closed to public access during the construction period.
3. The existing doors at the east end of the Pedestrian Bridge must remain available to the
public as an emergency exit from the Civic Center.
B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations.
C. Schedule the work to accommodate this requirement.
SUMMARY OF WORK
01010 - 1
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
SUMMARY OF WORK
01010 - 2
i
SECTION 01040
r' COORDINATION
PART1 GENERAL
1.1 SECTION INCLUDES
A. Coordination.
B. Project procedures.
C. Preconstruction conference.
1.2 COORDINATION
A. Coordinate scheduling, submittals, and work of the various Sections of specifications to assure
efficient and orderly sequence of installation of interdependent construction elements, with
provisions for accommodating items installed later.
B. Coordinate completion and clean up of work of separate Section in preparation for substantial
completion.
C. Coordinate all construction activities and storage of materials with Owner's representative so as
to minimize disruption of activities at the Civic Center.
1.3 PROJECT PROCEDURES
A.
Materials: As specified in product Sections; match existing products and work for patching and
4
extending work.
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B.
Where new work abuts or aligns with existing, perform a smooth and even transition.
1.4 PRECONSTRUCTION CONFERENCE
r
A.
Architect will schedule a conference after Notice of Award.
B.
Attendance Required: Owner, Architect, and Contractor.
k
C.
Agenda:
1. Execution of Owner -Contractor Agreement.
2. Submission of executed bonds and insuran certificates.
3. Distribution of Contract Documents.
4. Submission of list of Subcontractors, list of products, Schedule of Values, and progress
schedule.
5. Designation of personnel representing the p ies in Contract, and the Architect.
6. Procedures and processing of field decisions, submittals, substitutions, applications for
payments, proposal request, Change Orde , and Contract closeout procedures.
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i
COORDINATION 01040 - 1
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f
7. Use of premises by Owner and Contractor.
8. Owner's requirements.
9. Security and housekeeping procedures.
10. Schedules.
11. Procedures for maintaining record documents.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
COORDINATION 01040 - 2
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SECTION 01090
REFERENCE STANDARDS
1
PART1
GENERAL
1.1
SECTION INCLUDES
A.
Quality assurance.
4
B.
Schedule of references.
..
1.2
RELATED SECTIONS
A.
Document-Geaeral Conditions: Reference Standards.
1.3
QUALITY ASSURANCE
A.
For products or workmanship specified by association, trade, or Federal Standards, comply with
requirements of the standard, except when more rigid requirements are specified or are required
by applicable codes.
B.
Conform to reference standard by date of issue current on date of Contract Documents.
C.
Obtain copies of standards when required by Contract Documents.
D.
Should specified reference standards conflict with Contract Documents, request clarification from
Architect before proceeding.
E.
The contractual relationship of the parties to the Contract shall not be altered from the Contract
Documents by mention or inference otherwise in any reference document.
1.4
SCHEDULE OF REFERENCES
AA
Aluminum Association
rAABC
Associated Air Balance Council
AASHTO American Association of State Highway and Transportation Officials
ACI
American Concrete Institute
ADC
Air Diffusion Council
AGC
Associated General Contractors of America
AIA
American Institute of Architects
AISC
American Institute of Steel Construction
AISI
American Iron and Steel Institute
REFERENCE STANDARDS 01090 - 1
AMCA
Air Movement and Control Association
ANSI
American National Standards Institute
APA
American Plywood Association
ARI
Air -Conditioning and Refrigeration Institute —
ASHRAE
American Society of Heating, Refrigerating and Air Conditioning Engineers
ASME
American Society of Mechanical Engineers
ASTM
American Society for Testing and Materials —
AWI
Architectural Woodwork Institute
AWPA
American Wood -Preservers' Association -'
AWS
American Welding Society
AWWA
American Water Works Association
BIA
Brick Institute of America
CRSI
Concrete Reinforcing Steel Institute
DHI
Door and Hardware Institute —
FGMA
Flat Glass Marketing Association
FM
Factory Mutual System
FS
Federal Specification
GA
Gypsum Association
ML/SFA
Metal Lath/Steel Framing Association --
NAAMM
National Association of Architectural Metal Manufacturers
NCMA
National Concrete Masonry Association
NEMA
National Electrical Manufacturers' Association
NFPA
National Fire Protection Association
NWMA
National Woodwork Manufacturers Association
PCA
Portland Cement Association
PS
Product Standard _
REFERENCE STANDARDS 01090 - 2
SDI Steel Deck Institute
SDI Steel Door Institute
SH Steel Joist Institute
SMACNA Sheet Metal and Air Conditioning Contractors' Association
UL Underwriters' Laboratories, Inc.
WCLIB West Coast Lumber Inspection Bureau
WWPA Western Wood Products Association
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
REFERENCE STANDARDS
01090 - 3
SECTION 01340
SUBMITTALS
PART1
GENERAL
1.1
RELATED DOCUMENTS
A.
The Drawings, General Conditions, Supplementary General Conditions apply to the work of this
Section.
1.2
SECTION INCLUDES
A.
Submittal procedures.
B.
Shop drawings.
C.
Product data.
D.
Manufacturers' instructions.
E.
Manufacturers' certificates.
1.3
RELATED SECTIONS
A.
Section 01400 - Quality Control: Manufacturers' field services and reports.
B.
Section 01700 - Contract Closeout: Contract warranty and closeout submittals.
1.4
SUBMITTAL PROCEDURES
A.
Transmit each submittal with AIA Form 0$10 or Contractors' standard preprinted transmittal
form.
B.
Sequentially number the transmittal forms.
C.
Identify Project, Contractor, Subcontractor or supplier, pertinent Drawing sheet and detail
number(s) , and specification Section number, as appropriate.
D.
Apply Contractor's stamp, signed or initialled certifying that review, verification of Products
required, field dimensions, adjacent construction work, and coordination of information, is in
accordance with the requirements of the work and Contract Documents. Submittals arriving for
review by Architect that do not have the Contractor's stamp and initial will be returned without
review.
E.
Schedule submittals to expedite the Project, and deliver to the Architect business address.
Coordinate submission of related items.
F.
Identify variations from Contract Documents and Product or system limitations which may be
detrimental to successful performance of the completed work.
SUBMITTALS 01340 - 1
G. Provide space for Contractor and Architect review stamps.
H. Revise and resubmit submittals as required, identify all changes made since previous submittal.
I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report
any inability to comply with provisions.
1.5 CONSTRUCTION PROGRESS SCHEDULES
A. Submit three copies of the initial progress schedule within 15 days after date established in Notice -,
to Proceed for Architect review.
B. Revise and resubmit as required.
C. Submit three copies of the revised schedules with each Application for Payment, identifying
changes since previous version.
1.6 PROPOSED PRODUCTS LIST
A. Within 15 days after date of Owner -Contractor Agreement submit three copies of the complete --
list of major products proposed for use, with name of manufacturer, trade name, and model
number of each product.
B. Within 15 days after date of Owner -Contractor Agreement submit three copies of the completed
project list of Schedule of Values to be used for this project.
1.7 SHOP DRAWINGS —
A. Submit the number of copies which the Contractor requires plus two copies which will be retained
by the Architect. —
B. After review, distribute in accordance with Article on Procedures above and for Record
Documents described in Section 01700 - Contract Closeout.
1.8 PRODUCT DATA
A. Submit the number of copies which the Contractor requires, plus two copies which will be retained by the Architect.
B. Mark each copy to identify applicable products, models, options, and other data. Supplement
manufacturers' standard data to provide information unique to this Project.
C. After review, distribute in accordance with Article on Submittal Procedures above and provide
copies for Record Documents described in Section 01700 - Contract Closeout.
1.9 MANUFACTURER'S INSTRUCTIONS
A. When specified in individual specification sections, submit manufacturers' printed instructions for
delivery, storage, application and finishing, in quantities specified for Product Data.
B. Identify conflicts between manufacturers' instructions and Contract Documents. ^'
SUBMITTALS 01340 - 2
1.10 MANUFACTURER'S CERTIFICATES
A_ When specified in individual specification sections, submit manufacturers' certificate to Architect
for review, in quantities specified for Product Data.
B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting
reference date, affidavits, and certifications as appropriate.
C. Certificates may be recent or previous test results on material or Product, but must be acceptable
to Architect.
1.11 PAY REQUEST
A. Contractor shall use the standard AIA form G722, Project Application and Project Certificate for
Payment. Pay Request received by the 15th of the month will be processed for payment within
thirty (30) days.
B. A copy of the AIA form G722 is provided at the end of this section.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
SUBMITTALS 01340 - 3
PROJECT APPLICATION AND PROJECT CERTIFICATE FOR PAYMENT
AIA Document G722 (Instructions on reverse side) PAGE ONE OF PAGES
TO (Owner): PROJECT: APPLICATION NO: Distribution to:
❑ OWNER
PERIOD FROM: ❑ ARCHITECT
TO: ❑ CONSTRUCTION
MANAGER
ATTENTION:
CONSTRUCTION MANAGER:
ARCHITECT'S
PROJECT NO:
L
PROJECT APPLICATION FOR PAYMENT Application is made for Payment, as shown below, in connection with the Project.
AIA Document G723, Project Application Summary, is attached.
The undersigned Construction Manager certifies that to the best of the
Construction Manager's knowledge, information and belief Work cov-
ered by this Project Application for Payment has been completed in
accordance with the Contract Documents, that all amounts have been
paid by the Contractors for Work for which previous Project Certificates
for Payment were issued and payments received from the Owner, and
that current payment shown herein is now due.
CONSTRUCTION MANAGER
The present status of the account for all Contractors for this Project is as follows:
TOTAL CONTRACT SUMS (Item A Totals) ............E
Total Net changes by Change Orders (Item B Totals) ...$
TOTAL CONTRACT SUM TO DATE (Item C Totals) .....$
TOTAL COMPLETED & STORED TO DATE ............$
By: Date: (Item F Totals)
State of: County of: RETAINAGE (Item H Totals) .........................$
Subscribed and sworn to before me this day of ' 19 Notary Public: LESS PREVIOUS TOTAL PAYMENTS (Item I Totals) .....�
My Commission expires: CURRENT PAYMENT DUE (Item J Totals) .............$
ARCHITECT'S PROJECT CERTIFICATE FOR PAYMENT
In accordance with the Contract Documents, based on on -site observa-
tions and the data comprising the above Application, the Architect certi-
fies to the Owner that Work has progressed as indicated; that to the best
of the Architect's knowledge, information and belief the quality of the
Work is in accordance with the Contract Documents; and that the Con-
tractors are entitled to payment of the AMOUNTS CERTIFIED.
TOTAL OF AMOUNTS CERTIFIED ...................$
(Attach explanation if amount certified diNers from the amount applied for.)
ARCHITECT:
By: Date:
This Certificate is not negotiable. The AMOUNTS CERTIFIED are payable only to the
Contractors named in AIA Document G723, attached. Issuance, payment and accep-
tance of payment are without prejudice to any rights of the Owner or the Contractor
under this Contract.
AIA DOCUMENT G7n2 - PROJECT APPLICATION AND PROJECT CERTIFICATE FOR PAYMENT • JUNE 1980 EDITION • AIAe
® 19M • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASIIINGTON, O.C. 2OW6 G7221980
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal plosecutlon.
INSTRUCTION SHEET
AIA DOCUMENT G722a
A. GENERAL INFORMATION:
AIA Document C722 is a new document to be used in conjunction with AIA Document G723, Project Application Sum-
mary. These documents are designed to be used on Projects where a Construction Manager is employed and where multiple
Contractors have separate direct Agreements with the Owner. Procedures for their use are covered in AIA Document A201/
CM, General Conditions of the Contract, Construction Management Edition,1980 Edition.
B. COMPLETING THE G722 FORM:
After the Construction Manager has completed AIA Document G723, Project Application Summary, summary information
should be transferred to the G722 form.
The Construction Manager should sign the form, have it notarized and submit it, together with G723 and a separate G702,
Application, from each Contractor, to the Architect.
The Architect should review it and, if acceptable, complete the lower Project Certificate for Payment on this form. DO NOT
SIGN A CERTIFICATION ON EACH G702 SUBMITTED BY THE CONTRACTORS.
The completed form should be forwarded to the Owner. The Owner will make payment directly to each separate Contractor
based on the amount due each as noted in Line ) of G723.
C. COMPLETING THE G723 FORM:
Each separate Contractor on the Project should complete and sign AIA Document G702, Application and Certificate for
Payment, and forward it to the Construction Manager. The Construction Manager will review each separate Contractor's
Application for Payment and, if it is acceptable, complete one vertical column for each separate Contractor.
If the Construction Manager does not agree with the amounts requested by any Contractor, the Construction Manager
should note the corrected amount in the appropriate location on G723.
One vertical column should be completed for each application period for all Contractors involved in the Project whether
or not any amount is due the particular Contractor for the period in question. Each page should be summarized horizontally
and all pages summarized once to provide Project totals.
Project totals should be transferred to AIA Document G722, Project Application and Project Certificate for Payment.
AIA Document G702 from each of the separate Contractors should be attached to the G723 and submitted with G722 to the
Architect for review and appropriate action.
AIA DOCUMENT G722a - INSTRUCTION SHEET FOR PROJECT APPLICATION AND PROJECT CERTIFICATE FOR PAYMENT
G722a-1980 1980 EDITION - AIA® - THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 2o006
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal pmsecutlon.
r
SECTION 01400
r,. QUALITY CONTROL
PART1
GENERAL
.
1.1
RELATED DOCUMENTS
A.
The Drawings, General Conditions, Supplementary General Conditions apply to the work of this
Section.
1.2
SECTION INCLUDES
'
A.
Quality assurance and control of installation.
B.
References.
C.
Field samples.
D.
Inspection and testing -laboratory services.
E.
Core samples.
1.3
RELATED SECTIONS
A.
Section 01090 - Reference Standards.
B.
Section 01340 - Submittals: Submission of Manufacturers' Instructions and Certificates.
:
C.
Section 01600 - Material and Equipment: Requirements for material and product quality.
D.
Individual Specification Sections: Inspections and tests required, and standards for testing.
OF INSTALLATION
1.4
QUALITY
ASSURANCE/CONTROL
i^
A.
Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and
workmanship, to produce Work of specified quality.
B.
Comply fully with manufacturers' instructions, including each step in sequence.
C.
Should manufacturers' instructions conflict with Contract Documents, request clarification from
Architect before proceeding.
D.
Comply with specified standards as a minimum quality for the work except when more stringent
tolerances, codes, or specified requirements indicate higher standards or more precise
workmanship.
E.
Perform work by persons qualified to produce workmanship of specified quality.
II.
1.5
REFERENCES
A.
Conform to reference standard by date of issue current on date of Contract Documents.
QUALITY CONTROL 01400 - 1
lI .
B. Obtain copies of standards when required by Contract Documents.
C. Should specified reference standards conflict with Contract Documents, request clarification for
Architect before proceeding.
D. The contractual relationship of the parties to the Contract shall not be altered from the Contract _
Documents by mention or inference otherwise in any reference document.
1.6 FIELD SAMPLES
A. Install field samples at the site as required by individual specifications sections for review.
B. Acceptable samples represent a quality level for the work. _
C. Where field sample is specified in individual sections to be removed, clear area after field sample
has been accepted by Architect.
1.7 INSPECTION AND TESTING LABORATORY SERVICES
A. Owner may employ and pay for services of an independent Testing Laboratory or Owner may use
its own personnel and facilities to perform inspection and testing laboratory services.
B. The Testing Laboratory will perform inspections, tests, and other services specified in individual
specification sections and as required by the Architect.
C. Reports will be submitted to the Architect, in duplicate, indicating observations and results of test
and indicating compliance or non-compliance with Contract Documents.
D. Cooperate with Testing Laboratory: furnish samples of materials, design mix, equipment, tools,
storage and assistance as requested.
1. Notify Architect and Testing Laboratory firm 24 hours prior to expected time for
operations requiring services.
2. Make arrangements with Testing Laboratory firm and pay for additional samples and tests
required for Contractor's use.
E. Retesting required because of non-conformance to specified requirements shall be performed by
the same Testing Laboratory firm on instructions by the Architect. Payment for retesting will be
charged to the contractor by deducting inspection or testing charges from the Contract Sum/Price.
1.8 CORE SAMPLES
A. Core samples from the existing bridge materials are available for inspection by contractor, contact
Civic Center Operations/Engineering Superintendant, Freddy Chavez, 767-2267.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
QUALITY CONTROL 01400 - 2
SECTION 01500
r TEMPORARY FACILITIES
PART
GENERAL
1.1
RELATED DOCUMENTS
A. The Drawings, General Conditions,Supplementary General Conditions apply to the work in this
Section.
1.2
SECTION INCLUDES
A. Temporary Utilities: Sanitary facilities.
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B. Temporary Controls: Barriers, enclosures and fencing and protection of the work.
C. Construction Facilities: Parking, progress cleaning, project signage, and temporary buildings.
1.3
RELATED SECTIONS
A. Section 01700 - Contract Closeout: Final cleaning.
1.4
TEMPORARY SANITARY FACILITIES
A. Provide and maintain optional facilities and enclosures as deemed necessary by the contractor.
Existing facilities may be used by construction crews so long as facilities are kept clean and
undamaged.
1.5
BARRIERS
A. Provide barriers to prevent unauthorized entry to construction areas, while still allowing access
for Owner's use of site. Protect existing facilities and adjacent properties from damage during
construction operation and demolition.
B. Protect vehicular traffic, stored materials, site and structures from damage. Do not allow material
to drop from bridge to roadway below.
C. Clearly post warning signs all around the work site, including the roadway below.
D. Existing exterior doors at the east end of the bridge must be kept in operable condition and ready
for emergency evacuation of the building at anytime.
1.6
PROTECTION OF INSTALLED WORK
A. Protect installed work and provide special protection where specified in individual specification
sections.
B. Provide temporary and removable protection for installed products. Control activity in immediate
work area to damage.
minimize
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TEMPORARY FACILITIES 01500 - 1
1.7 SECURITY
A. Provide security and facilities to protect work, and existing facilities, and Owner's operations —
directly adjacent to new construction from unauthorized entry, vandalism, or theft.
B. Coordinate with Owner's security program. —
1.8 PARKING
A. Arrange for temporary parking areas to accommodate construction personnel.
B. Coordinate parking with facility event parking.
1.9 PROJECT SIGNAGE
A. Contractor and Sub -Contractors may use one combined sign measuring 4 feet wide and 8 feet high
mounted securely to sign posts. If a sign is used the Architect shall review wording and location
before sign is to be installed.
1.10 PROGRESS CLEANING —
A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean orderly
condition.
B. Remove waste materials, debris, and rubbish from site weekly and dispose off -site.
1.11 REMOVAL OF TEMPORARY UTILITIES, FACILITIES, AND CONTROLS --
A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to
Substantial Completion inspections.
B. Clean and repair damage caused by installation or use of temporary work.
C. Restore existing facilities used during construction to original condition. Restore permanent —
facilities used during construction to specified condition.
D. Remove all job signs and repair holes dug for post, regrade lawn as necessary.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
TEMPORARY FACILITIES 01500 - 2 _
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SECTION 01600
MATERIAL AND EQUIPMENT
PART
GENERAL
1.1
RELATED DOCUMENTS
A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this
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Section.
1.2
SECTION INCLUDES
6
A. Products.
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B. Transportation and handling.
C. Storage and protection.
D. Product options.
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E. Substitutions.
1.3
RELATED SECTIONS
A. Instruction to Bidders: Product options and substitution procedures.
B. Section 01400 - Quality Control: Product quality monitoring.
1.4
PRODUCTS
A. Products: Means new material, machinery, components, equipment, fixtures, and systems
l
forming the work. Does not include machinery and equipment used for preparation, fabrication,
conveying and erection of the work. Products may also include existing materials or components
required for reuse.
1.5
TRANSPORTATION AND HANDLING
A. Transport and handle products in accordance with manufacturer's instructions.
B. Promptly inspect shipments to assure that products comply with requirements, quantities are
j� correct, and products are undamaged.
C. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement,
or damage.
�I
MATERIAL AND EQUIPMENT 016W - 1
17
. I
1.6 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Delivery:
1. Deliver materials, products and equipment to the project site in undamaged condition in
manufacturer's original unopened containers or packaging with identifying labels intact
and legible.
2. Arrange deliveries in accord with the construction schedule and in ample time to facilitate
inspection prior to installation in order to avoid unnecessary delays in the construction
process.
B. Storage:
1. Store and protect products in accordance with manufacturer's instructions, with seals and
labels intact and legible. Store sensitive products in weather -tight, climate controlled —
enclosures.
2. For exterior storage of fabricated products, place on sloped supports, above ground.
3. Provide off -site storage and protection when site does not permit on -site storage or
protection. —
4. Cover products subject to deterioration with impervious sheet covering. Provide
ventilation to avoid condensation.
S. Store loose granular materials on solid flat surfaces in a well -drained area. Prevent —
mixing with foreign matter.
6. Provide equipment and personnel to store products by methods to prevent soiling,
disfigurement, or damage. _
7. Arrange storage of products to permit access for inspection. Periodically inspect to
assure products are undamaged and are maintained under specified conditions.
C. Handling:
1. Handle materials, products and equipment in a manner prescribed by the manufacturer
or as required to protect from damage during storage and installation.
1.7 PRODUCT OPTIONS
A. Products specified by Reference Standards or by description only: Any product meeting those
Standards or description.
B. Products specified by naming one or more manufacturers: Products of manufacturers named and
meeting specifications, no options or substitutions allowed.
C. Products specified by naming one or more manufacturers with a provision for substitutions:
Submit a request for substitution for any manufacturer not named.
1.8 SUBSTTTUTIONS
A. Instructions to bidders specify time restrictions for submitting requests for substitutions during the
bidding period to requirements specified in this Section.
B. Substitutions may be considered when a product becomes unavailable through no fault of the
Contractor.
C. Document each request with complete data substantiating compliance of proposed substitutionwith
contract documents.
MATERIAL AND EQUIPMENT 01600 - 2
C
D. A request constitutes a representation that the Contractor:
,. 1. Has investigated proposed product and determined that it meets or exceeds the quality
level of the specified product.
2. Will provide the same warranty for the substitution as for the specified product.
3. Will coordinate installation and make changes to other work which may be required for
the work to be complete with no additional cost to Owner.
4. Waives claims for additional costs or time extension which may subsequently become
apparent.
5. Will reimburse Owner for review or redesign services associated with re -approval by
authorities.
E. Substitutions will not be considered when they are indicated or implied on shop drawing or
product data submittals, without separate written request, or when acceptance will require revision
to the Contract Documents.
F. Substitution Submittal Procedure:
1. Submit three copies of request for substitution for consideration. Limit each request to
one proposed substitution.
2. Submit shop drawings, product data, and certified test results attesting to the proposed
products equivalence.
3. The Architect will notify Contractor, in writing, of decision to accept or reject request.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
7 MATERIAL AND EQUIPMENT 01600 - 3
SECTION 01700
CONTRACT CLOSEOUT
PART1 GENERAL
1.1 RELATED DOCUMENTS
A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this
Section.
1.2 SECTION INCLUDES
A. Closeout procedures.
B. Final cleaning.
C. Project record documents.
1.3 RELATED SECTIONS
A. Section 01400 - Quality Control
1.4 CLOSEOUT PROCEDURES
A. Submit written certification that Contract Documents have been reviewed, work has been
inspected, and that work is complete in accordance with Contract Documents and ready for
Architect inspection.
B. Submit final application for payment identifying total adjusted contract sum, previous payments,
and sum remaining due.
1.5 FINAL CLEANING
A. Execute final cleaning prior to final inspection.
B. Clean surfaces exposed to view; remove temporary labels, stains and foreign substances.
C. Clean site; sweep paved areas, rake clean landscaped surfaces.
D. Remove waste and surplus materials, rubbish, and constriction facilities from the site.
1.6 PROJECT RECORD DOCUMENTS
A. Maintain on site, one set of the following record documents; record actual revisions to the work:
1. Contract drawings.
2. Specifications.
3. Addenda.
4. Change orders and other modifications to the contract.
S. Reviewed shop drawings, product data, and samples.
CONTRACT CLOSEOUT 01700 - 1
B. Store record documents separate from documents used for construction.
C. Record information concurrent with construction progress.
D. Submit documents to Architect with claim for final application for payment.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
CONTRACT CLOSEOUT
01700 - 2
r
FSECTION 02050
r DEMOLITION
d
4
IF
PART1 GENERAL
1.1 SUBMITTALS
A. The procedures proposed for the accomplishment of salvage and demolition work shall be
submitted for approval. The procedures shall provide for safe conduct of the work, careful
removal and disposition of materials specified to be salvaged, protection of property which is to
remain undisturbed, and coordination with other work in progress. The procedures shall include
detailed description of the methods and equipment to be used for each operation, and the sequence
of operations.
1.2 GENERAL REQUIREMENTS
A. The work includes demolition or removal of existing construction indicated or specified. All
materials resulting from demolition work, except as indicated or specified otherwise, shall become
the property of the Contractor and shall be removed from the limits of Owners property. Rubbish
and debris shall be removed daily unless otherwise directed so as to not allow accumulation on
the site.
1.3 DUST CONTROL
A. The amount of dust resulting from demolition shall be controlled to prevent the spread of dust to
occupied portions of the building and to avoid creation of a nuisance in the surrounding area. Use
of water will not be permitted when it will result in, or create, hazardous or objectionable
conditions such as ice, flooding and pollution.
1.4 PROTECTION
A. Protection of Existing Work: Before beginning any demolition work, the Contractor shall
carefully survey the existing work and examine the drawings and specifications to determine the
extent of the work. The Contractor shall take all necessary precautions to ensure against damage
to existing work to remain in place, any damage to such work shall be repaired or replaced at no
additional cost to the Owner. The Contractor shall carefully coordinate the work of this section
with all other work and construct and maintain shoring, bracing and supports, as required.
1.5 AVAILABILITY OF WORK AREAS
A. Areas in which demolition work is to be accomplished will be available in accordance with the
provisions of these Specifications. Coordinate work with facility schedule of activities. Public
access to the Pedestrian Bridge will be restricted except for emergency exit through the doors at
the east end of the Bridge.
DEMOLITION 02050 - 1
7
PART 2 EXECUTION
2.1 EXISTING FACILITIES
A. Existing Surfacing: Existing epoxy gravel, file pavers and concrete leveling substrate, on the
Pedestrian Bridge, shall be removed within the limits shown on the drawings. Cutting with a
concrete saw will be required unless the section to be removed can be removed to an existing
construction joint. All cutting and removal of existing surfaces shall be to a true straight line.
Do not remove any portion or damage the existing pre -cast concrete structure below bridge
surfacing. —
B. Other Facilities: Remove within the limits shown and as noted on the Drawings.
C. Temporary: Those materials noted to be temporarily removed, to allow access to areas affected
by this work and then re -installed to match existing adjacent materials, shall be protected from
damage and stored on site as directed.
2.2 DISPOSITION OF MATERIALS
A. Title to Materials: Title to all materials and equipment to be demolished, is vested in the --
Contractor upon receipt of notice to proceed.
B. Disposition: All materials resulting from demolition shall be disposed by the Contractor in _
accordance with all applicable laws, codes, and ordinances.
2.3 CLEAN-UP
A. Debris and Rubbish: Debris and rubbish shall be removed daily from work sites.
B. Debris Control: Debris shall be removed and transported in a manner as to prevent spillage on
streets or adjacent areas.
C. Regulations: Local regulations regarding hauling and disposal apply.
D. Cleanliness of Site: Due to the high visibility of the site to the public, maintaining a clean and
safe site will be insisted on.
END OF SECTION
DEMOLITION 02050 - 2
fi
SECTION 02501
MODULAR PAVING BRICK SURFACING
PART 1
GENERAL
1.1
RELATED DOCUMENTS
A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this
Section.
1.2
WORK INCLUDED
A. Ungrouted, mortarless modular paving brick surfacing installed on a sand bed on the existing
concrete structure of the Pedestrian Bridge at the City of Lubbock Memorial Civic Center
following removal of existing surfacing materials.
1.3
RELATED WORK
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A. Section 02050 - Demolition.
B. Section 05800 - Expansion Joint Frames and Covers.
1.4
REFERENCES
A. ASTM C 144 - Aggregate for masonry mortar, standard masonry sand.
B. ASTM C 902 - Pedestrian and light traffic paving brick.
1.5
ASSURANCE
QUALITY
A. Installer Qualifications: Engage an Installer who has successfully completed at least three brick
surfacing applications similar in type and size to this project, and who will assign mechanics from
these earlier applications to this project, one of which will serve as lead mechanic.
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B. Single Source Responsibility: Provide materials obtained from one source for each type of brick
and material.
!'
C. Material Sources: Do not change source or brands of brick or materials during course of the
work.
1.6
SUBMITTALS
A. Comply with the requirements of Section 01340 - Submittals.
B. Samples:
1. Submit samples of each color of brick for verification of brick colors by Architect and
Owner. Use only solid brick pavers as manufactured by Summit Brick & Tile Company.
No substitution of colors will be considered.
a. Light brick pavers: 751C, LOT 202
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b. Dark brick pavers: 656A LOT 201.
MODULAR PAVING BRICK SURFACING 02501 - 1
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2. Submit sample of aggregate setting bed material for Architects approval.
3. Prior to installation of brick surfacing, fabricate mock-up area using materials, sand and
joint spacing for final work. Build mock-up at site of full thickness and approximately -
six -by -eight feet, unless otherwise directed. Provide range of color, texture and
workmanship to be expected in completed work. Obtain Architect's acceptance of visual
qualities of area before start of brick work. Retain area during construction as a standard
for judging completed work, area maybe incorporated into finished work.
1.7 DELIVERY, STORAGE AND HANDLING
A. Protect materials during storage and construction from wetting by rain or snow and against soiling,
staining or intermixture with earth or other foreign material.
PART 2 PRODUCTS
2.1 MATERIALS
A. Brick Materials - Pedestrian and Light Traffic Paving Brick: Solid (uncored) brick of modular
size (3 5/8" x 2 1/4" x 7 5/8"), complying with requirements ofASTM C 902.
1. Class NX
2. Type II
3. Application PS
B. Setting material to be standard masonry sand complying with requirements of C-144.
C. Polyethylene clear sheet material at least 10 mils thick, use largest sheets practical in order to
minimized the number of joints.
D. Use Ix redwood strips as shown on drawings. Secure to the underside of each redwood strip,
regardless of the length, an 18 gage galvanized continuous metal strap as shown on the drawings.
Attach strap to redwood with galvanized or non -corrosive screws at a spacing of not greater than
16 inches on center.
2.2 EXTRA STOCK
A. Provide Owner with fifty units of each color of brick paver used in the project. —
B. Deliver and stack brick on wooden pallets where directed by Owner.
PART 3 EXECUTION
3.1 INSPECTION
A. Verify that existing concrete sub -surface is suitably prepared for placement of brick surfacing.
B. Beginning of installation means acceptance of existing conditions.
3.2 PREPARATION
A. Notify architect 24 hours prior to beginning installation.
B. Carefully lay -out patterns and joints as indicated on the drawings and as directed by the Architect.
MODULAR PAVING BRICK SURFACING 02501 - 2
i
C. Install 10-mil polyethylene sheeting ahead of placement of sand material. Lap joints in sheeting
at least six inches and apply continuous duct tape over all joints. Take precautions necessary to
insure that sheeting is not punctured. Turn polyethylene up along the outside of the redwood
borders.
3.3 INSTALLATION
A. General:
1. Do not use brick with chips, cracks, voids, discoloration, or other defects which might
be visible or cause staining in finished work.
2. Cut brick with motor -driven saw equipment to provide clean, sharp, unchipped edges.
Cut units as required to fit adjoining work neatly. Use full units without cutting
wherever possible. Hammer cutting is not acceptable.
3. Lay brick in alternating color panels as indicated using a standard basket weave pattern.
B. Ungrouted Mortarless Brick Surfacing:
1. Place fine aggregate setting bed of sand over substrate. Screed to depth required using
screeds of sufficient thickness to bring top of brick surfacing to elevation that match
adjacent existing surfaces. Remove screeds as work proceeds.
2. Set and level each brick in pattern indicated, placing as clos-.ly together as possible.
3. Fill joints with sand after bricks are in place. To insure use of dry sand, place sand on
newly paved area and sweep out in thin layer, allowing sand to air dry and fall into joints
when swept back and forth. Remove excess sand when joints are filled.
C. Tolerances:
1. Do not exceed 1/32 inch brick -to -brick offset from flush and a tolerance of one -eighth -
inch in ten feet from the required finished surface elevation.
2. Only minor variations in color and pattern are acceptable.
3.4 FIELD QUALITY CONTROL
A. Field inspection and testing will be performed under provision of Section 01400-Quality Control.
3.5 PROTECTION
A. Protect finished surfaces from construction traffic. Replace any portions of surfacing not
!� acceptable under these specifications at completion of the project.
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END OF SECTION
MODULAR PAVING BRICK SURFACING 02501 -3
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SECTION 05800
EXPANSION JOINT FRAMES AND COVERS
PART1
GENERAL
1.1
RELATED DOCUMENTS
rA.
The Drawings, General Conditions, Supplementary General Conditions apply to the work of this
f
Section.
1.2
WORK INCLUDED
A. Water resistant exterior expansion joint frames and covers to replace existing joint material.
B. Removal of existing joint material, temporary removal adjacent tile pavers and the re -installation
of tile pavers to match the adjacent undisturbed areas.
C. Provide all necessary hardware, accessories, joint compounds, concrete underlayment, EPDM
waterproofing liner and anchor bolts as required for a complete and satisfactory installation.
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1.3
RELATED WORK
l:
A. Section 02050 - Demolition.
B. Section 02501 - Modular Paving Brick Surfacing.
1.4
WARRANTY
A. Provide five the labor.
a year single -source performance warranty on manufacturer's material and
B. Manufacturer shall provide any maintenance training to the Owner's personnel that may be
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required in order to keep joint system fully warranted.
1.5
SUBMITTALS
L . A. Submit manufacturer's full layout instructions, material list, surface preparation instructions,
maintenance instructions and sample warranty for review.
B. Submit details showing cuts through the proposed expansion joint and adjacent materials. Detail
is to show material actually used on this project.Do not submit generic details that are intended
r for all conditions. Details must be designed for this specific project and conditions.
C. Submit sample of joint frame, EPDM waterproofing sheet liner, hardware, accessories and color
options for selection by Owner.
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.: 1.6 DELIVERY, STORAGE AND HANDLING
rA. Protect materials from damage during shipping and while stored.
B. Deliver to the job site, complete installation instructions as submitted and approved.
EXPANSION JOINT FRAMES AND COVERS 05800 - 1
PART 2 PRODUCTS
2.1 MATERIALS
A. Expansion Frame and Cover: Provide heavy duty extruded aluminum 6063-T5 systems for
exterior conditions, of maximum lengths, similar to the following manufacturer's models:
1. Balco, Inc. - XH4FS series.
2. Metalines - HD series.
MM Systems Corp. - HD series.
B.
Waterproof Liner: 60 mil rubberized sheet material and manufacturer's recommended joint
cement. —
PART 3
EXECUTION
3.1 INSPECTION
A.
Verify that existing concrete structure is properly prepared for waterproof liner and anchor bolts.
Do not damage concrete structure below surfacing material.
B.
Verify that adjacent undisturbed tiles are stable and protected from damage.
C.
Beginning of installation means acceptance of existing conditions.
3.2 PREPARATION
A.
Notify Architect 24 hours prior to beginning installation.
B.
Carefully layout waterproof liner to insure minimal joints and that water will not by pass liner to --
enter below bridge facilities.
C.
Verify that existing tiles, new joint frames and covers, and new brick pavers are within 1/8 inch
_
of level to each other and a uniform relationship to each other.
3.3 INSTALLATION
A.
General
1. Set joint frames level and plumb, use non -corrosive metal shims when required.
2. Joint frames are to be extended to the outer most boundaries of the horizontal walking
surface. Use maximum length extrusions in order to minimize the number of joints.
B. Adjusting and Protection;
1. Adjust joint cover to freely accommodate joint movement.
2. Protect installed cover and frames from damage by work of others. If required,
temporarily remove joint cover and protect frames from damage.
3. Damaged covers and frames will be replaced at Contractor's expense.
EXPANSION JOINT FRAMES AND COVERS 05800 - 2
C. Cleaning:
1. Remove all protective coverings and coatings from joint frame and covers after all work
of this project is complete.
2. Remove stains and discoloration from all metallic and non-metallic material.
END OF SECTION
EXPANSION JOINT FRAMES AND COVERS 05800 - 3
SPECIAL CONDITIONS
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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
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