HomeMy WebLinkAboutResolution - 4394 - Contract - Trans Texas Tennis Inc - Municipal Tennis Center Court Renovations - 02_24_1994Resolution No. 4394
February 24, 1994
Item #17
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 Trans Texas Tennis, Inc., of Houston, Texas, to furnish and
install all materials as bid for the Municipal Tennis Center Court Renovations 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 24th day of February 1994.
ATTgyST:
icb L
etty W. Xhnsonfify Secretary
APPROVED AS TO CONTENT:
Victor Kilman Purchasing Manager
AS TO FORM:
Assistant City Attorney
DGV:dp\G: ccdocs\T1T.Res
February 15, 1994
�� 4391
CITY OF LUBBOCK
SPECIFICATIONS FOR
MUNICIPAL TENNIS CENTER COURT RENOVATIONS
BID #12819
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CITY OF LUBBOCK
Lubbock, Texas ---]L
MAP IN FILE
SEE
RESOLUTION
# 94
CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: MUNICIPAL TENNIS CENTER COURT RENOVATIONS
ADDRESS: 66th AND GARY, LUBBOCK, TEXAS
BID NUMBER: 12819
PROJECT NUMBER: 1491-553107-9725
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITIONS
NOTICE OF ACCEPTANCE
F.
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NOTICE TO BIDDERS
7 BID 012819
Sealed bids addressed to Laura Ritchie, Buyer, City of Lubbock, Texas, will be received at the office of the
Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m,
on the 9th day of February,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 describes! project:
MUNICIPAL TENNIS CENTER COURT RENOVATIONS
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 24th day of February, 1994, at the Municipal
' Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the
right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a
performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of
100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds
should be issued by a company carrying a current Best Rating of B or superioras the rating of the bond company
is a factor that will be considered in determination of the lowest resMnsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or
certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety
company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total
amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if
required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding
all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have
been thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of the
Purchasing Manager for the City of Lubbock, Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which
document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision
of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale
and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage
scale.
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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 2nd day of February,1994, at 10:00 o'clock a.m., in the
Purchasing Conference Room, L04, Municipal Building, 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid
meetings and bid openings are available to all persons regardless of disability. If you would like bid information
made available in a more accessible format or if you require assistance, please contact the Purchasing Department
at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance
of the meeting.
CITY OF LUBBOCK
Laura Ritchie
BUYER
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ADVERTISEMENT FOR BIDS
BID # 12819
Sealed bids addressed to Laura Ritchie, Buyer, Purchasing Department, City of Lubbock, Texas,
will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock,
Texas, 79401 until 2:00 o'clock p.m. on the 9th day of February.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:
MUNICIPAL TENNIS CENTER COURT RENOVATIONS
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
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
r 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 2nd day of February, 1994, at 10:00 a.m., in the
Purchasing Conference Room, L04, 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
T Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room
L-04 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
Laura Ritchie
BUYER
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GENERAL INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
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 MUNICIPAL TENNIS CENTER COURT RENOVATIONS.
1 2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the
contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 120 (One Hundred Twenty) calendar
days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the
progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take
such action as the City deems necessary to insure completion of the project within the time specified.
S. 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
r 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
r" documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.
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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 furnish Contractor the location of all such underground lines
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work
contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take
such other precautionary measures for the protection of persons, property and the work as may be necessary. The
Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and
when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost
and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date
of issuance to Contractor of City's certificate of acceptance of the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City.
In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for
all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be
the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the
site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable
the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however,
shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.
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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
E to the City. Proof of coverage shall be famished to the City and written notice of cancellation or any material change will
t 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
1 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
7 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
r., 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.
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(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.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(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
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PLACE: C I j N J S Ce r a-f �� s
�., DATE: X f Y P?
PROJECT NUMBER. 12819 - MUNICIPAL TENNIS CENTER COURT RENOVATIONS
Proposal of T N S %E u A-5 ! C Jl) N (,S 1 KJ C . (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 e 60- r 1
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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 famish 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.
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3l 360 mo
58, a 0 0
ALTERNATE l: RENOVATION OF COURT 6. RECONSTRUCTION OF COURT 6 TO INCLUDE 6" OF CONCRETE
WITH POST TENSION CABLES AS PER SPECIFICATIONS AND DRAWINGS.
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ALTERNATE 2: REPLACEMENT OF ALL LOWER CHAIN LINK FENCING MATERIAL (APPROXIMATELY
EIGHT (8') FEET TALL) ON COURTS 4 AND 5.
MATERIAL:
SERVICES:,
TOTAL BID:
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1.735 )
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ALTERNATE 3: REPLACEMENT OF ALL LOWER CHAIN LINK FENCE MATERIAL (APPROXIMATELY EIGHT
(8') FEET TALL ON COURT 6).
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ALTERNATE 4: REPLACEMENT OF ALL CHAIN LINK FENCE MATERIAL ON COURTS 4 AND 5 (TOP PORTION
= 4' BOTTOM PORTION = 81 WITH FULL HEIGHT FENCE MATERIAL. I ALTERNATE WOULD DELETE
THE TWO SECTIONS OF FENCING AND INSTALL ONE FULL SECTION (TOP TO BOTTOM).
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SERVICES: ($ vim, i 6 `. )
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TOTAL B ' (S Z� '8 0 )
ALTERNATE 5: REPLACEMENT OF ALL CHAIN LINK FENCE MATERIAL ON COURT 6 (TOP PORTION = 4',
BOTTON PORTION = 8') WITH FULL HEIGHT FENCE MATERIAL. THIS ALTERNATE WOULD DELETE THE
TWO SECTIONS OF FENC G AND INSTALL ONE FULL CTION (TOP TO BOTTOM).
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MATERIALS: (s 1, oZ 6 0 )
SERVICES: 1 ($ 214-5 0 0 0
TOTAL BID. ($ 3, = 5 6 )
(Amount shall be shown in both words and figures. In case of discrepancy. the amount shown in words shall govern)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
Proceed" of the Owner and to fully complete the project within 120 calendar days thereafter as stipulated in the specifications and
other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $100.00 (ONE
HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project,
all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction
number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
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 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.
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Enclosed with this proposal is a Cashier's Check or Certifi Check f r
Dollars (S ) or a Proposal Bond in the sum of�,w-2 1 (S S 36 A ,
-POO which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the
Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within
ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be
returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents
made available to him for his inspection in accordance with the Notice to Bidders.
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(Seal if Bidder is a Corporation)
ATTEST:
Secretary
T� IJS Tom' TEA) JJ'SZ
Contractor
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LIST OF SUBCONTRACTORS
This form shaII be comgIeted and submitted with the Bidder's Proposal.
Minority Owned
Yes No
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.rlo ICI UNITED STATES
"^ It -if KNOW ALL MEN BY THESE PRESENTS:
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BID BOND
BONDNUMBER .... ».».»... ».......................................................................
^,. THAT .....»Trans.Texas.Tennis,..Inc:........................ .... »..»............ ».......».»...».».».».».»»..»»..».».......... »....... »..... »».........................
.<. ....................... of ...»Houston»T..X.............. ».........
.............................................. ................. .»....................................... »... .............................. ............ as Principal , and UNITED STATES FIDELITY AND
GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto..... City.Of»Lubbock
.............................................................................................................................................................................»».....»».....»....»...................................»..»
as Obligee, In the full and just sum of.... ..P..f..q.8rgA&,....»»...... .............. »............»..
.............. ..... »..................... »....... »................................ .................................. .......... ................. ................. .... ».......... .... » ... » Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, finely by these presents.
WHEREAS, the said Principal is herewith submitting its proposal Municipal tennis court renovation.
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the
time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of
the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between
the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work
if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof.
Signed, sealed and delivered .... February»3l»1994 ,
(Date)
Trans Texas Tennis, Inc: » »..»»....
......(SEAL)
....... ... ..A
.............»... Za-V-0-L.............(SEAD
UNITED STATES FIDELITY 4ND GUARANTY COMPANY
li4 itchell F itzhen » Attorney -in -fact
N° 205422
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UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY NO. 106140
KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing
under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Mitchell Ray Fitzhenry
of the City of Houston . State of Texas its true and lawful Attomey(s)-in-Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute. Rai and acknowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions orpmceedings allowed by law.
in Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be scaled with its corporate seal,
duly attested by the signatures ofits Senior Vice President and Assistant Secretary, this 11thlay of December , A.D. 19 92 .
UNITED STATES FIDELITY AND GUARANTY COMPANY
Atea (Signed) By...�...... —
T� Senior Vice Ptesideat
(Signed) 8y........ ............... . ..............
`� Assistant Secretary
STATE OF MARYLAND) Qo
BALTIMORE CITY ) ��
On this 11 th day of December �,A.D.492,beforemepenoaally a Robert J. Lamendola
Senior Vice Ptesident of the UNITED STATES FIDEL !T 1 D GUARANTY COMPANY an-d" Paul D . ms , Assistant
Secretary of said Company, with both of whom i rest persogally acquainted. who being by, -,me -severally severally duly sworn. W39- at they, the said Robert J .
Lamendola and Paul.,.,6Z76ims r4^, were respecuv 6Vnior Vice President and the Assistant Secretary of
the said UNITED STATES FIDELITY QARANTY COMPANY. the.corporation descnbed im anal executed the foregoing Power of Attorney; that they
each knew the seal of said corporation; t sea! affixed to said Power of iitotmey was such egtpor!04al, abet it was so affixod by order of the Board of Directors
of said corporation. and that they signed tbeir names thereto b •lilicotder as Senior Via ^ i�d� sad Auistamt Secretary, respectively. of the Company.
My Commission expires the llth day in March 95-
��� (Signed .. 1!t
v ' NOTARY PUBLIC
la�� Aority2of
This Power of Attorney is granted under and the following Resolutions adopted by the Board of Directors of the UNTIED STATES
FIDELITY AND GUARANTY COMPANY on Septezrtti�i 2r1, 1992:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings. contracts and other instruments
relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s).in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman, or the President. or an Executive Vice President, or a Senior Vice President, ors Vice President or an Assistant Vice President, jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attomey(s}in-Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently
revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond oruadertaking to which it is validly attached.
RESOLVED, that Attorneys) -in -Fad shall have the power and authority, unless subsequently revoked and, in any ease, subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Com liany to any sad all bonds and undertakings.
and other writings obligatory in the nature Memo& and any such instrument executed by such Attomcy(s}in-Fad shall be as binding upon the Company. as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
L Paul D . Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY.
do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24. 1992 and that this
Resolution is in full fora and ef&ct.
1. the undersigned Assistant Secretary of the UNTIED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is in full foes and effect and has not been revoked.
In Testimony Wbeiso& I have hereunto set my hand and the seal ;Atr
ATESF1DF.d R Y AND GUARAN Y COMPANY on this 3rd daY
or February ,9�'..
........................................
`a{ A ttk06 Assistant Secretary
FS 3 (10-92)
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UNITED STATES
STATE OF TEXAS
COUNTY OF
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FIDEL]p/� rya �--
(A Stock Company)
TEXAS STATUTORY PAYMENT BOND
(Penalty of this bond must be 1009E of Contract amount)
BOND NUMBER 29-0120-10080-94-8
KNOW ALL MEN BY THESE PRESENTS:
Y; t ► Y Y01►I►
(hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a
corporation organized under the laws of the State of Maryland, and duly authorized to do business in the
State of Texas, (hereinafter called the Surety), as Surety, are held and firmly bound unto City
of Lubbock
(hereinafter called the Obligee), in the penal sum of Sixty-Twn Thom -,And Six Hundred
Eighty Dollars
($ 62,680.00 ) for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contrail with the Obligee, dated the 24
day of—F-ebrnary , 19-94_, a copy of which is hereto attached and made a part hereof, for
construction of municipal tennis'court renovation - Bid # 12819
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided
for in said contrail, 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, Chapter 4 .
of Vernon's Revised Civil Statutes of Texas as amended and all liabilities on this bond to all such clalmanta shall
be determined in accordance with the provisions thereof to the same extent as If it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this inistrutisent this
1st day of March , 19_�4. TEXAS INC. V
Q (Seal)
BOND CHECK
BEST RATING UNITED STATES-FiDELi ND GUARANTY„ COMPANY,-
LICENSE IN TEXAS (Seal)
DATE '? RY - Mitchell Fitz Pnru Attamw4n-fact
Contract 224 (Texas) (6-83) 9"u�.°
No Text
F
UNITED STATES FIDELI UARANTY COMPANY
(A Stock Company)
TEXAS STATUTORY PERFORMANCE BOND
(Penalty of thls bond must be 100% of Contract amount)
STATE OF TEXAS
COUNTY OF BOND NUMBER..
KNOW ALL MEN BY THESE PRESENTS:
That... TRW. TAW.VNNIAL. INC .........................................................
(hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COM
t.
PANY, a corporation organized under the laws of the State of Maryland, and duly authorized to do
business In the State of Texas, (hereinafter called the Surety), as Surety, are held and firmly bound unto
City.R�.�ubbock
.... .................................................................................
�_x
(hereinafter called the Obligee), In the penal sum Of. Si.XtY7TWQ. ThQwAnd. Six TJundred ...........
Eigmy................................................................................... Dollars
for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered Into a certain written contract with the Obligee, dated the
...
24 .... day of.. Mbwary .........19..94., a copy of which Is hereto attached and made a part
..........
hereof, for
construction of municipal tennis court renovations Bid # 12819
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work In accordance with the plans, specifications and contract documents
then this obligation shall be void; otherwise to remain In full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Chapter
4 of Vernon's Revised Civil Statutes of Texas as amended and all liabilities on this bond shall -be----._,
determined in accordance with the provisions thereof to the same extent as if it were copied at length
�4
herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
.. ....... 1st .......day of... Mc arcb ........... 19,9.4
T TEXAS TENNIS/ INC.
............................................. .. . ......... ... . . ..... ea
............................................. ... ...... ...
BOND CHECK
UNITED STATES FIDELITY D GUARANTY c6mPANY
BEST RATING.
LICENSED IN TEXAS
_Z
tchhedi' i�f Z**
ry'Attorney 4n. fact"
Lf
DATE Z�L BY :
5
Contract 213 (Texas) (10-83)
N° 205428
UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 106140 '�.,....�
KNOW ALL MEN BY THESE PRESENTS: Thal UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing
under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
�,. Mitchell Ray Fi.tzhenry
of the City of Houston , Stale of Texas its true and lawful Attomey(s)-in-Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, the said UNTIED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be scaled with its corporate seal,
duly attested by the signatures of its Senior Vice President and Assistant Secretary, this l l ttbay of December A.D. 19 9 2 .
0,rAA0,
UNITED STATES FIDELITY AND GUARANTY COMPANY
(Signed) By. .�.... .. ......................
Senior Vice President
(Signed) By........
.............
Assistant Secretary
STATE OF MARYLAND) vO
BALTIMORE CITY , SS:
On this 11thday of December .Del'992 ,before me PC IN, Robert J. Lamendola
Senior Vice President of the UNITED STATES FiDEL�UARANTT COMP " Paul D . mS , Assistant
Secretary of said Company; with both of whojONTY
lamly acquainted, who be -Dee severally duly swo they, the said Robert J .
Lamendola and PauHIS were respective or Vice President and the Assistant Secretary of
El -
the said UNITED STATES �TDELITY COMPANY q"ration described in +� xecuted the foregoing Power of Attorney; that they
each knew the seal of said corporation; that a seal affixed to said �Aaomey war such c al. that it was to affixed by order of the Board of Directors
6' of said corporation, and that they signed their names thereto b u e er as Senior Vice Pre�id Assistant Secretary, respectively, of the Company.
Wcommissionexpiresthe llth day in rch �A. 95
el
(SI ..�ONOTARY PUBLIC
,
tr"+ This Power of Attorney is grunted under and, y of the following Resolutions adopted by the Board of Directors of the UNTIED STATES
FIDELITY AND GUARANTY COMPANY on Septetr�b�24, 1992:
RESOLVED, this in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments
relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Powa(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and. unless subsequently
revoked and subject to any imitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and
binding upon the Company nd any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respell to any bond or �uddertaldng to which it is vslidly attached.
RESOLVED, that Attoracy(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations
r of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,
and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
I, ' Paul D . Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY,
do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in full force and effect
I, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and 'effect and has not been revoked.
1a Testimony Whereof, i have hereunto ad my hand and the seal rK
TEjb STATES FIDELITY AND GUARANTY COMPANY on this 1St day
of March ,19 (�1�\
.............................................
Assistant Secretary
FS 3 (w-92)
t
CERTIFICATE OF INSURANCE
u�
r
CERTIFICATE OF INSURANCE
-------R----------------------------------------I-------A---A-----------------------
(DATE
03/01/94
P@%). Ethered a Co.
AlouJstonatYX"7�w07Y
ONLY ANDTCONFERS NO RIGHTS UPON THETCERTIFICATE�TION
rr #800
HOLDER.
YNTHE AMEND EXTEND
t
1713 464--4888 9
------------------------------- --------
713 464- 887 (Fax)
COMPANIES AFFORDING COVERAGE
r------------------------------------------------------
aims
COMPANY LETTER A Highlands Insurance Company
INSURED
COMPANY LETTER B
Trans Texas Tennis, Inc.
-----------------------------------------------------
5216 Werner
COMPANY LETTER C
rHous on Texas 77022
)
-----------------------------------------------------
FAX 641-1108
COMPANY LETTER D
---PAN---Y-------LETTER--E--------------------------------------
COM
- -- - ----------------------------------------------------------------------
COVERAGES
_________
__
THIS IS TO CEpRMTIFY THAT-POLICgIESppOF
__ ____________ _ ________________ _______---
INSURANCE LISTED BELOW HAVE BEEN ISSUED TO
NT NAMED
OR CONDITIONEOFOANYYCONTRACTIORIOTHER�DOCUMENTSWITHIRESPECT
REQUIREM
TO WHICH THfS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
BY THE POLICIES DESCRIBED
HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND
CLAIMS.
CONDITIONS OF SUCH POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID
---------------------------------------------------------------------------------
P-NCO-
I POLICY
POLICY
LIMITS
LTR
TYPE OF INSURANCE
i i
POLICY NUMBER
IIEFF DATE
EXP DATE'
I
I
A
rA
r
A-
A
GENERAL LIABILI Y
X COMMEERCIIAL G TLMS OCCR
RRgS
x ContR ctusl LTOM
AUXN*OBAUT LIABILITY
SCHEDUULLED AUTOS
EHIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
--------------------
EXCESS LIABILITY
[X]UMBRELLA FORM
--J-OTHER THAN UMBR.
WORKERS CLOD ENSATION
EMPLOYERS' LIABILITY
OTHER
BPO 11 80 48
lity
BTA 11 08 01
---------------
BXS 10 31 68
BWC 22 64 37
3/4/94 3/4/95
3/4/94 3/4/95
3/4/94
6/23/93
3/4/95
6/23/94
GEN
AGG
1,000,000
PROD
AGG
500,000
PERS
INJ
500,000
EACH
OCC
oo 000
555r000
11
EDEEXPG
CSL______ $--11000,000
BI (PERS)$
---------------------
BI (ACC) $
---------------------
PROP DMG $
EACH OCC 1,0001000
AGGREGATE 1,000,000
---------------------
jX1STATUT
RY LIMITS
EACH ACC
DIS LIMIT
DIS EMPL------500,000
500,000
500,000
------------------------5--l!LL--AA------[------LL-------I-------------------------------
RDeSCRBidINo.012348R=TMunibipalTTennisECenter/TennisLCourtSRenovations
7The City of Lubbock is named as an Additional Insured.
i
--------------------------------------------------------------------------------
CERTIFICATE HOLDER CANCELLATION
.-------------------------------------- - ----------------------------------------
SHOULD ANY OF THE ABOVE DESCRIBED
POLICIES BE CANCELLED BEFORE THE EXPIR-
ATION DATE THEREOF THE ISSUING COMPANY
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THEg�C�ERTIFICATE HOLDER NAME
D
r NOTICE SHHAALL IMPOSEINO OBLIGATIONSORH
LIABILITY OF ANY KIND UPON THE COMPANY,
City of Lubbock ITS AGENTS O -REPRESENTATIVES.
rLubboBu Texas 79457------------ -------------------
AUTHOW R ESENTATIVE
--------------------------------------- ----- ------ - -------------------------
CIA-025 IRS -AIMS
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No Text
r
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CONTRACT
^,,, STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 24th day of February 1994, by and between the City of Lubbock, County
of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to
as OWNER, and TRANS TEXAS TENNIS, INC. of the City of HOUSTON, County of HARRIS, and the State of TEXAS,
hereinafter termed CONTRACTOR
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #12819 - MUNICIPAL TENNIS CENTER COURT RENOVATIONS FOR $62,860.00
�^ and all extra work in connection therewith, underthe germs 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.
A ST:
r
OVED AS TO
r
I
APPROVED AS FORM.
r
ATTE T,�,,�,
Corporate Secretary
CONTRACTOR:
COMPLETE ADDRESS:
5212 Werner
Houston, Texas 77022
r
No Text
�r
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.
_r- 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: TRANS TEXAS TENNIS, INC. who has agreed to
perform the work embraced in this contract, or to his or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
RUSSELL HOWARD, LANDSCAPE ARCHITECT, City of Lubbock, under whose supervision these contract
•• documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other
representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement.
Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not
directly supervise the Contractor or men acting in behalf of the Contractor.
.r
4. CONTRACT DOCUMENTS
The contract'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.
i
5. INTERPRETATION OF PHRASES
r Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescnbed," or words of
like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended; and similarly, the words "Approved," 'Acceptable," "Satisfactory," or words of like
r.. import shall mean approved by or acceptable or satisfactory to the Owner's Representative..
6. SUBCONTRACTOR
rpm 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. WR=N 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
t.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
.• Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative
shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further
agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
r which are to be paid for under this contract: He shall determine all questions in relation to said work and the construction
thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of
said Contractor. The Owner's Representatives's estimates and findings shall be conditions precedent to the right of the
parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under
this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the
opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with
said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action
may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's
Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to
arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a
written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work
or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision
within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party
appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time
such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the
materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is
done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance
required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The
Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so
appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer,
supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
decision.
r 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
r
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the
work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
r is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
j of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
i 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.
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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 manner and at such points as shall be approved by the Owner's
Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location
wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be
ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any
work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's
Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such
tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
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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
Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's
Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve
the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
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.
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 hu-nished 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.
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 (151/6) 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 (15%) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to
the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and
other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all
appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by
Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract
documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no
such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work
in accordance with these plans and specifications. It is further understood that any request for clarification must be
submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.
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7 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation
t 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
C "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.
28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as
hereinafter specified. 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.
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(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and priviliges of employment.
PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALNMN 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'funtherance of the performance of this contract. When
Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after
demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the
unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to
discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the
Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be
responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer
or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate
design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless
from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
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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. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and
time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it
is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be
specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding
of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (One
Hundred 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. TROE 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
PM 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
r extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
7 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.
F 37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless otherwise specifically provided.In the event this contract is let
on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other
contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the
estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract,
they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their
proposals offered for the work. It is understood and agreed that the actual amount of work. to be done and the materials to
be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the
project.
39. PROTECTION OF ADJOINING PROPERTY
! The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered,
which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any
damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the
Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing
out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
7 40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
7 Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto,
which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all
�,.. materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly
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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 further, less all previous payments and all further sums that may be retained by Owner under the terms of this
agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by
Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the
Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion
of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after, the Contractor has given the Owner's Representative written notice that the work has been
completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance with the contract documents, the —'
Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the
duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor.
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 3lst 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.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for
faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which Rill
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
F 48. TMIE 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
i^ 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
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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
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delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the
balance due as reflected by said statement within 30 days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated 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
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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
i 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
r - shown by said final statement as due the Contractor, under the terms of this Agreement.
52. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160,
Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
r" required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to
do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so
furnished.
53. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
54. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
55. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct,
supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The `^
fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and
to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative
hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent
contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other
person, firm, or corporation.
56. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may
remove the debris and charge the cost to the Contractor.
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CURRENT WAGE DETERMINATIONS
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Resolution #2502
January 8, 1987
Agenda Item #18
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QGC(N IITTnid
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.
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Ranett&-Boyd, City Secretary
APPROVED T.- NTENT:
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Bill-
P yne, D rector of Building
Services
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Do Id G. Vandiver, First
Assistant City Attorney
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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
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT 0
Prevailing Wage Rates
Overtime Rate
' The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.1 1/2 times base rate.
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CITY OF LUBBOCK, TEXAS
PARKS AND RECREATION DEPARTMENT
MUNICIPAL TENNIS CENTER
COURT 4 & 5 RECONSTRUCTION
66TH AND GARY
SECTION 01
1. General Requirements
1.1 Scope of Work to be Done
A. The contract work to be performed under these
specifications consists of furnishing all of the
required labor, materials, equipment, implements,
parts, and supplies necessary for, or appurtenant to,
the reconstruction of championship tennis courts at
the Municipal Tennis Center for the City of Lubbock in
accordance with the drawings appearing hereinafter or
annexed hereto and as further elaborated in these
specifications.
1.2 Standards
A. The work hereunder shall be done in a thorough,
workmanlike manner and conform to standards for tennis
court construction as prescribed or approved by the
U.S. Tennis Court Builders Association. Any reference
to a specification or designation of the American
Society for Testing and Materials, Federal
Specifications, or other standards, codes, or orders
refer to the most recent or latest specification or
designation.
1.3 Layout of Work
A. The work shall be laid out to true lines and grades in
full accord with the drawings. Surveying of lines and
grades, from a base line and bench mark established by
Contractor and approved by the Owner at the
construction site, and staking therefor shall be
accomplished by the Contractor.
Monuments shall be substantially established,
protected, and maintained in place by the Contractor
for the duration of the contract or until such other
time as their removal may be authorized by the Owner
or his representative.
1.4 Quality Assurance
A. Contractor shall take all precautions necessary to
protect all existing trees, shrubbery, sidewalks,
buildings, vehicles, utilities, etc., in the area
where the work is being done. The Contractor shall
rebuild, restore, and make good at his own expense,
all injury and damage to same which may result from
work being carried out under this contract.
B. The Contractor shall take all necessary precautions to
assure the safety of the park visitors during the
construction and cleanup operations. The Contractor
shall maintain and keep in good repair the work
intended under these Plans and Specifications and
shall perform all necessary repair, construction, and
renewal to the date of acceptance by Owner.
C. Any utilities and irrigation lines shown on plans are
for information only and are not guaranteed by the
Owner to be accurate as to location and depth. The
Contractor's attention is directed to the fact that
other underground utility lines may exist that Owner
is not aware of. It is the Contractor's obligation
to locate and familiarize himself with all utilities
and to provide for their safety. Damage to utilities
will be repaired at Contractor's Expense.
1.5 Permits and Taxes
A. The -Owner shall obtain and pay for all construction
permits, fees, licenses, etc., -as may be required by
law. The Contractor's contract sum shall include such
federal, state, and local taxes as may be applicable
to the performance of the contract.
1.6 Guarantee
A. The Contractor and any subcontractors hereunder
guarantee their respective work against defective
materials or workmanship for period of two (2) years
from date of filing notice of completion by the
Contractor and acceptance by the Owner.
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SECTION 02
r- 2. Site Preparation
2.1 Fence Removal
A. The Contractor will remove the fence
fabric on the courts being renovated, and reattach as
per drawings or new fence material added as per
alternate. Contractor to dispose of material if new
material is used. (Parks Department has option to
salvage any materials).
2.2 Judge Chairs
A. The Contractor shall remove and salvage the two
existing Judge chairs (if any) and reinstall them on
new concrete.
2.3 Net Posts and Foundations
A. The Contractor shall remove existing net posts and
foundations.
2.4 Other Items
A. Light Poles standards shall not be moved. Benches
with bench footings shall be removed by contractor and
reinstalled as per drawings to new height.
2.5 Existing Concrete Tennis Courts
A. The existing Asphalt surface of the Tennis courts
shall have 3/4" holes drilled at intervals not
exceeding three feet (31), as per drawings, each way
to allow drainage at a depth sufficient enough to
drain.
SECTION 03
3. Drainage Provisions
3.1 Backfill
A. Backfill areas adjacent to tennis court areas shall be
composed of a suitable earth material compacted to the
same density as the surrounding soil. Materials used
shall be that excavated from the drainage trenches.
Any excess excavated materials shall be removed from
the site by the Contractor and deposited at a site
designated by the Owner.
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SECTION 04
4. Slope Requirement
4.1 Slope Requirement
A. All excavating, filling, compacting, grading, and
leveling work required hereunder shall be performed so
that the finished court surface slopes one inch (1"0)
in each ten feet (101) on a true plane as indicated on
the drawings. Potholes or Bird Baths which hold water
after rains will not be tolerated.
SECTION 05
5. Base Construction
5.1 Base Construction
A. Existing Asphalt court shall remain intact and become
base material for new courts. A minimum 2"0 layer of
sand should be used to cover existing asphalt and
separate the new (6") concrete layer.
B. Place 25 mil. plastic vapor barrier between sand and --
new post -tension concrete as shown on plan.
SECTION 06
6. Concrete
6.1 Cement
A. Cement for concrete shall be a standard brand of
portland cement conforming to Standard Specifications
for Portland Cement, Designation C-150, of the
American Society for Testing and Materials.
6.2 Air Entraining Agent
A. An air entraining agent shall be used to provide the
concrete with entrained air comprising not less than
four percent (4%) nor more than seven percent (7%) of
the total volume of the concrete.
6.3 Aggregate
A. Coarse aggregate shall conform to Standard
Specifications for Concrete Aggregates, Designation C-
33, of the American Society for Testing Materials
(ASTM). Nominal maximum size of aggregate shall be
one and one-half (1 1/2) inch. Maximum loss of 18% —
when subjected to 5 cycles of the Magnesium Sulfate
Soundness test, ASTM C-2419.
6.4 Water and Chemical Admixtures
A. Water shall be clean, clear, free from oil, acid, or
organic matter and free from injurious amounts of
alkali, salts, or other chemicals.
B. Chemicals Admixtures shall conform to ASTM C-494.
6.5 Post -Tensioning
A. Post -tensioning material shall consist of 1/2 inch
diameter, seven wire stress relieved strands,
conforming to ASTM A-416 with an ultimate strength of
270 KSI. Strands shall be coated with a permanent
rust preventative lubricant and wrapped with plastic
sheathing. If 'strand sheathing is damaged or removed,
it is to be repaired by taping. Exposed strands
should be concealed at the anchor. End anchorage
devices will conform to PTI specifications. All dead
end anchorages must be power seated.
New post tension cables shall be placed on eighteen
(18") inch centers in both the length and width
directions.
All strands are to be supported on chairs and tied at
all intersections or securely supported on chairs and
tied at all intersections or securely supported in
beams to prevent vertical and horizontal movement
during concrete placement. Concrete must be well
consolidated, especially in the vicinity of strand
anchorages. Strands of 1/2 inch diameter shall be
anchored at 28.0 KIPS, but may be initially stressed
at 33 KIPS. A 9 inch diameter centered on the strand
axis by a 36 inch length shall be allowed for
stressing equipment clearance.
The cables will be stressed approximately 7 days after
pour.
Extreme care should be taken to prevent injury from
operator error or failure of equipment or materials.
6.6 Thickness of Concrete
A. Concrete work shall be a minimum of six (6") inches
thick, with finished surface complying with the
elevations shown on the plans.
6.7 Forms and Screeds
A. Forms and Pipe Screeds shall be accurately set to the
lines and grades indicated on drawings and be securely
staked to prevent settlement for movement during
placing of concrete. Two rows of pipe screeds shall _
be placed at the on -third width of each court
(approximately 17 foot centers). Forms shall remain
in place until the concrete has taken its final set.
6.8 Expansion Joints
A. A non -extruding expansion joint measuring three -
fourths inch (3/4"),wide shall be installed vertically
around all fence posts. Single courts shall be poured
monolithically. The bottom edge of expansion joints
shall extend to the bottom of slab; top edge shall be
held seven -eights inch (7/8") below the surface of the
slab by a tack strip of plywood with its top flush
with the finished slab surface. Concrete edges at
Joints shall be tooled with an edging tool having a
radius of one-fourth inch (1/4"). After concrete has
cured, tack strips shall be removed and the joints
sealed with an elastomeric sealing compound.
B. Double courts shall have a metal keyed construction
joint between courts.
6.9 Concrete Proportioning, Mixing and Testing.
A. The concrete shall have a compressive strength of not
less than four thousand (4,000) pounds per square inch
at twenty-eight (28) days after placement. Re -
tempering of any concrete is forbidden. Ready -Mixed
concrete may be used provided that it is mixed and
delivered in accordance with Specifications for Ready -
Mixed Concrete, ASTM C-94.
B. Concrete Mix Design Parameters:
Minimum Strength _ 4,000 psi
Slump _ 3" ± 1"
Maximum Dater Cement Ratio 0.48
Entrained Air Content 5% ± 1%
Concrete Mix Design shall be conducted in
accordance with ACI 211 (absolute volume method).
C. Concrete Material Tests
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Pre -construction Tests
The Contractor will submit test certificates from an
approved commercial laboratory on all aggregates
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proposed for use on this work. Tests should be made
approximately 20 days before beginning the concrete
operation.
The Contractor will submit, in advance of
construction, the mix design and the results of
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compression tests made by a commercial laboratory.
Tests shall be made on 6 cylinders, 3 tested in 7
days, 3 tested at 28 days. Additional tests shall be
furnished if the material source is changed or if
concrete used varies from the original design.
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The City of Lubbock's Engineer shall approve the mix
design after the Pre -construction tests have been
completed.
Construction Tests
Tests of the aggregates and the concrete will be made
by the Engineer during construction to determine
conformity with the specifications. Tests cylinders
will be made in accordance with the "Method of Making
and curing Concrete Compression and Flexure Test
Specimens in the Field", (ASTM C-31). The Specimens
shall be cured under standard moisture and temperature
conditions in accordance with the requirements of ASTM
C-31. The Contractor shall cooperate in securing and
storing samples and shall furnish all materials
required for sampling.
A minimum concrete strength of 2800 psi shall be
attained prior to post tensioning procedures.
Any concrete failing to meet strength requirements or
air content shall be removed and replaced at
Contractor's expense.
6.10 Placing Concrete
A. Concrete shall be transported, placed, and spread in
such a manner as to prevent any segregation of the
aggregate. Each full court shall be placed in one (1)
continuous operation without construction joints.
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6.11 Flat and Finish Work
A. The concrete shall be brought to the grades indicated on drawings by pulling a vibrating strike off template
along the screeds a minimum of two times.
The larger particles of the aggregate may be forced —
slightly below the surface of using a grid tamp. The
surface shall then be floated with a long handled
metal float to a uniform grade so as to contact a ten
(101) foot straightedge within a plus or minimum of
one -eight inch (1/8"). Extra care shall be taken so
that the area near joints and edges shall not be —
raised or depressed. The final finish shall be
obtained with a steel trowel used in small circular
movements to obtain a "swirl" pattern providing a
uniform non -glassy surface texture, or with a fine
hair broom. Depressions or pot holes will not be
tolerated. A ten foot straight edge shall be used to
measure low spots which under no circumstance shall be —
greater than I/8 inch. There shall be no standing
water after a rain. Should the finished concrete
court fail to meet these requirements, the Contractor
shall be penalized by non-payment by the Owner or he
shall at his own expense apply an approved acrylic
leveling base course free from all Birdbaths.
6.12 Curing Slabs
A. The concrete immediately ,after finishing shall be kept
continuously moist for seven (7) days by covering with
continuously wetted burlap, plastic sheet or building
paper covering or by fog spraying. Use of curing
compounds and admixtures of any kind is forbidden.
SECTION 07
7. Net and Equipment
7.1 Post Foundations
A. Post foundations shall be not less than twenty-four
inches (24") in diameter. at the top, not less than
thirty inches (30") in diameter at the bottom, and not
less than thirty-six inches (36") in depth.;
7
Foundations shall be so situated as to provide a clear
distance between posts of forty-two (421) on all
courts. Concrete for foundations shall be mixed in
ratios of six (6) standard 94-pound sacks of cement
per cubic yard of concrete, with one (1) such sack of
cement to not more than six (6) U.S. gallons of water,
attaining a compressive strength of not less than
three thousand five hundred (3,500) pounds per square
inch at the twenty-eighth (28th) day after pouring.
7.2 Net Posts and Sleeves
A. Net posts shall be galvanized steel having an outside
diameter of not less than four inches (4"), complete
with post caps, galvanized steel ground sleeves,
ground sleeve covers, and eye bolts with nuts, or
level ratchet -type net tightening devices for non-
metallic nets. Posts and the sleeves therefore shall
be set where indicated on the drawings and shall be
plumb and true so as to support the net at a height of
forty-two inches (42") above the court surface at the
net posts. Posts and ground sleeves shall be B-491-S
Tennis Post with Ground Sleeve as manufactured by
Bergfeld Recreation Inc. or approved equal.
7.3 Center Strap Anchor
A. Center strap anchors, of the type shown on the
drawings, shall be furnished and installed by the
Contractor as shown on drawings.
7.4 Net
A. Tennis nets will be furnished and installed by the
Owner.
SECTION 08
8. Color Finish System and Line Painting
8.1 General
A. A two (2) color, green inside of playing lines and red
outside of playing lines, finish system for Portland
Cement Concrete Tennis Courts conforming to U.s.
Tennis Court and Track Builders Association
Specification Type V shall be applied to the concrete
surface.
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This shall consist of a penetrating prime coat, two
filler coats, a finish coat, and white line painting.
The finish system shall be of one hundred percent
(100%) acrylic material such as "Plexipave Color
Finish System" as manufactured by California Products
corporation or an approved equal. Materials shall be
delivered to the site in sealed, properly labeled
containers and water used in all mixtures shall be
fresh and clear. Application shall be with eighteen
inch (18") to thirty six inch (36") long flexible
rubber squeegees for filler coats and wide, hair type
push brooms for finished coat.
8.2 limitations
A. Do no apply in temperatures below 50 degrees
Fahrenheit or when rain or high humidity is eminent,
or when surface temperature is in excess of 130
degrees Fahrenheit.
8.3 Surface Preparation
A. Concrete shall be completely cured before any surface
coloring is applied. A minimum of (30) days is
normally required. All foreign material shall be
thoroughly removed. The concrete shall be etched with
acid in a manner recommended by the manufacturer of
the finished material to be applied. After etching
apply a penetrating prime "wash" coat of the finish
surface material mixed with two (2) parts water by
pouring on the surface in ind rows and spreading
evenly.
The surface after drying, shall be flooded with water,
and allowed to drain. Mark the areas where water is
standing over one -sixteenth inch (1/16") deep. Using
undiluted finish surface material, trowel or screed
material in the depressions to bring to proper level.
If more than one -eight inch (1/8") is required, apply
in multiple coats and add twenty percent (20%)
aggregate. Repeat this procedure until all
depressions holding water one -sixteenth inch (1/16")
deep or more are eliminated.
8.4 Finished Surface
A. On concrete surface, apply sufficient coats (with a
minimum of two) of Acrylic Filler Coat at the rate and
as recommended by the manufacturer to provide a smooth
uniform surface free from low spots, ridges or seams.
Apply two coats of Acrylic Color for Tennis Courts at
the rate and as recommended by the manufacturer.
Accurately locate and apply the Acrylic Line Paint.
8.5 Penetrating Prime Coat
A. Using one (1) part of finish coating material to two
(2) parts water, apply a "wash" coat by pouring on
surface in wind -rows and spreading evenly. Allow to
thoroughly dry. Flood area with water. After twenty
(20) minutes, wash perimeters of all areas where water
is standing over one -sixteenth inch (1/16"). Using
finish coating material as it comes from container
(undiluted), trowel or screed material to bring to
proper level. If more than one -eight inch (1/8") is
required apply in multiple coats and add twenty
percent (20%) by volume of fine aggregate (sand).
Allow to thoroughly dry. Remove all ridges and
feather all edges to avoid patch appearance.
8.6 Filler Coat
A. Apply two (2) coats of one hundred percent (100%)
acrylic Filler Coat at a rate of not less than 0.08
gallons per square yard for the two (2) coats (269
gallons minimum for 3360 square yards) in accordance
with the manufacturer's directions.
The first coat shall be applied lengthwise of court
and the second coat, crosswise of the court. Dilution
of the Filler Coat shall be fifteen (15) to twenty
(20) gallons of water of each thirty (30) gallons of
Filler Coat Material.
8.7 Finish Coat
A. Prior to applying the Finish Coat, make a final,
careful inspection and remove any ridges, loose or
foreign particles. Apply one (1) coat of one hundred
percent (100%) acrylic Finish Coat as directed by the
manufacturer at a rate of not less than 0.04 gallons
of material 135 gallons minimum for 3360 square
yards). The application shall be made parallel to the
net line and shall produce a uniform color throughout
when viewed from a distance of twenty five feet (25')
from any edge of the court at mid -day. Dilution of
the Finish coat shall be one (1) part water to one (1)
part Finish Coat Material.
8.8 Lines
A. White playing lines shall be applied as shown on the
drawings using one hundred percent (100%) acrylic Line
Paint. Application shall be made with brush, roller
or spray and marking equipment, and shall be free from
any fogging, splatter or over spray.
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SECTION 09
9. Fencing
9.1 Height of Fence,
A. Overall height of fence when erected shall be as shown
on drawings.
9.2 Chainlink Fabric
A. The chainlink fabric shall be No. 9 gauge (.148") and
one and five -eights inch ( 1 5/8") mesh conforming to
Standard Specifications for Zinc -Coated Iron or Steel
Chainlink Fence Fabric Galvanized after weaving, Class
II ASTM Designations A-392 or Standard Specifications
for Aluminum -Coated Iron or Steel Chainlink Fence.
Fabric Galvanized after Weaving, Class II, ASTM
Designation A-491. Top and bottom salvage shall have
a knuckle finish. Fabric shall be free of barbs,
icicles, or other projections resulting from the
galvanizing process, and any fabric not free thereof
will be rejected even though erected. Bottom of fence
fabric shall be 1/4" plus or minus above court
surface.
9.3 Line Posts
A. The chainlink fabric shall be tied to the line posts
with No. 9 gauge soft annealed galvanized tie wire.
9.4 Terminal (Corner) and Gate Posts
A. Terminal and Gate Posts shall conform to Standard
Specifications for Black and Hot -Dipped 'zinc -Coated
(Galvanized) Welded and Seamless Pipe for Ordinary
Uses. ASTM Designation A-120, to match existing.
9.5 Terminal and Gate Post Fittings
A. Terminal and gate post fittings, including tension
bands, brace connections, and tip rail connections,
shall be No. 9 gauge, hot -dipped, galvanized, cold -
rolled carbon steel.
No aluminum, cast iron, or pot metal fittings will be
accepted as equals or substitutes. Top rail, brace,
and truss bands shall not be less than one inch (1")
wide, secured by three -eighths inch (3/8") diameter
carriage bolts and nuts.
9.6 Top Rail
A. Top rail shall meet the same specifications of quality
as line and terminal posts. The top rail shall have
an outside diameter of one and five -eighths inch (1
5/8") and weigh 2.27 pounds per lineal foot. An
outside sleeve -type coupling measuring not less than
seven inches (7") in length shall be provided at each
interval of twenty feet (201). The chainlink fabric
shall be tied to the top rail at intervals of twenty-
four inches (24") with No. 9 gauge soft annealed
galvanized steel or aluminum tie wire.
9.7 Braces for Terminal and Gate Posts
A. Terminal and gate posts shall be strengthened and
reinforced by braces meeting and same specifications
of quality as line and terminal posts. Braces shall
be installed midway between top rail and court surface
and extend from each terminal posts to the first
adjacent line post. Braces shall be securely fastened
to posts by heavy pressed steel connections and also
be trussed from line post back to terminal post with a
three -eighths inch (3/8") round truss rod complete
with tightening unit.
9.8 Bottom Tension Wire
A. Wires shall be No. 7 gauge galvanized steel coil
tension wire, high carbon or hard drawn, ASTM
designation A-116, Class II, Galvanized or Aluminum
Coated, running through the mesh and fastened to the
chainlink fabric at intervals of twenty-four chainlink
fabric at intervals of twenty-four inches (24") with
No. 9 gauge galvanized hog rings.
9.9 Post Spacing And Setting
A. New line posts shall be set a full thirty-two inches
(32") in a thirty-six inch deep concrete foundation
having a minimum diameter of twelve inches (12").
Terminal and gate posts shall be set a full thirty-six
inches (36") in a forty inch (40") deep concrete
foundation having a minimum diameter of twelve inches
(12"). Concrete for post foundations shall be the
�-. same as that specified for the tennis courts. Spacing
of posts in the line of fence shall be as shown on the
drawings.
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9.10 Post Tops
A. Tops of line posts shall be of a malleable casting. The base of tops shall extend below the top of the
post not less than two inches (2"). The tops shall be
provided with°a hole suitable for.the through passage
of the top rail.
Terminal posts tops shall be of malleable iron
casting, and be designed so as positively to exclude
all moisture from the terminal post.
9.11 Gates _
A. Remove existing.fence fabric from existing gate
frames. Add new fence fabric to match new fencing to
existing gate frames. Replace any missing of damaged
hardware. Adjust gate so that they can be opened and —
closed quickly and easily. Gates shall be equipped
with a positive latching device that will accommodate
padlocking. Hinges, latches, and catches shall be one
of the manufacturer's standard designs as selected and
approved by the Owner.
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DESCRIPTION FOR ALTERNATES
MUNICIPAL TENNIS CENTER
COURT RENOVATION
66TH AND GARY
Base Bid - Renovation of Courts 4 and 5.
Court reconstruction of courts 4 and 5 to
include 6" of concrete with post -tension
cables as per specifications and drawings.
Alternate 1 - Renovation of Court 6.
Reconstruction of court 6 to include 6" of
concrete with post tension cables as per
specifications and drawings.
Alternate 2 - Replacement of all lower chain link fencing
material (approximately eight (81) feet tall)
on courts 4 and 5.
Alternate 3 - Replacement of all lower chain link fence
material (approximately eight (81) feet tall
on court 6.
Alternate 4 - Replacement of all chain link fence material
on courts 4 and 5 (top portion = 4' bottom
portion - 81) with full height fence
material. This alternate would delete the
two sections of fencing and install one full
section (top to bottom).
Alternate 5 - Replacement of all chain link fence material
on court 6 (top portion - 41, bottom portion
= 81) with full height fence material. This
alternate would delete the two sections of
fencing and install one full section (top to
bottom).
SPECIAL CONDITIONS
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TO:
NOTICE OF ACCEPTANCE
CThe City of Lubbock, having considered the proposals submitted and opened on the day of
199for work to be done and materials to be furnished in and for:
j 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 199r at the bid price contained therein, subject to the
17 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 LU13BOCK
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Owner's Representative
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MAP IN FILE
SEE
RESOLUTION
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