HomeMy WebLinkAboutResolution - 4487 - Contract- Birchwood Construction Inc- Control Room & Office, Sandhills Warehouse - 05_19_1994Resolution No. 4487
May 19, 1994
Item #17
RESOLUTION
BE IT RESOLVED BY TBE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and Birchwood Construction, Inc. of Lubbock to furnish and install
all materials as bid for the Control Room and Office for the Sandhills Warehouse 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
ATTEST:
Betty". 3 son, ity Secretary
APPROVED AS TO CONTENT:
0,d& PL,--
Victor Purchasing Manager
APPROVED AS TO FORM:
In
Assistant City Attorney
nav:ap\G.kW=\13 ,ch1Jt=
May 9l im
CITY OF LUBBOCK
SPECIFICATIONS FOR
CONTROL ROOM AND OFFICE FOR
THE SANDHQLLS WAREHOUSE
BID #12917
00�
CITY OF LUBBOCK
Lubbock, Texas
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
MAILED TO VENDOR
CLOSE DATE:
Office of
Purchasing
April 6,1994
April 19,1994 at 3 P.M.
BID #12917 - CONTROL ROOM AND OFFICE FOR THE SANDHIL S WAREHOUSE
ADDENDUM # 1
The following items take precedence over drawings and specifications for the above named project.
Where any item called for in the bid documents is supplemented here, the original requirements, not
affected by the addendum, shall remain in effect
1. Please note the following correction on the NOTICE TO BIDDERS:
There will be a pre -bid conference on the 12th day of April 1994, at 9:00
o'clock a.m.. in the Purchasing Conference Room L04, 1625 13th Street,
Lubbock, Texas.
All requests for additional information or classification concerning this bid should be submitted in writing
and directed to Laura Ritchie, Buyer.
THANK YOU,
Ao�xr�- 1�ILL
Laura Ritchie
Buyer
PLEASE RETURN ONE COPY WITH YOUR BID
F
n
F
' am
Office of
Purchasing
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
806-767-2167
MAILED TO VENDOR:
CLOSE DATE:
Apri113,1994
Aprfi 19,1994 at 3 P.M.
BID 012917 — CONTROL ROOM AND OFFICE FOR THE SANDHILLS WAREHOUSE
ADDENDUM # 2
The following items take precedence over drawings and specifications for the above named project.
Where any item called for in the bid documents is supplemented here, the original requirements, not
affected by the addendum, shall remain in effect.
Please modify contract documents as follows:
1. On the specifications, page 12, for Section 2.2 PRODUCT LISTING, please note the
following revised items:
A. 4. Lavatory:
Fixture Eljer 051-3324 vitreous china 20" x 17" self rim or
approved equal, with 4" drillings. .
Swk-!y Elje: 557-1122, single chrome lever ksddle, zerato,
Eljer 903-0552 perforated grid strainer -
Stops, risers Eljer 802-0320 with flexible chrome risers and wheel
handle stops.
Insulate all plumbing under sink conforming to American Disability
Act (A.D.A.) Standards and State of Texas SB 587 water saving
performance standards.
A 5. High pressure laminate counter top with 1.5 inch faced edge with provisions
made for a lavatory as specified in A4. The length shall be 5 feet b
inches, and the depth and the elevation of this counter top shall be in
compliance with A.D.A. Standards. It shall have 4 inch splash guard.
Edges for the splash guard and board shall be sealed with silicon.
(Deleting the Service Sink)
2. All vinyl covered gypsum shall be of mid -range vinyl quality. The suspended ceiling
shall be Class A efficient Ceiling 5/8 inch thick
3. On the plans, page 2 of 3, Structure Legend:
4 x 2.5 Coe shall be 12 gage.
4. On the plans, page 3 of 3, all vinyl covered gypsum shall be directly attached to the
4" x 2.5" Coe or studs, except for section D where the gypsum will be attached to the
plywood as shown on the plans. There shall be 2 rows of internal horizontal bracing on
each wall. The bracing member shall be 4" x 2.5" Coe gage 12.
All requests for additional information or classification concerning this bid should be submitted in writing
and directed to Laura Ritchie, Buyer.
THANK YOU,
Aw-��.t c'rult
Laura Ritchie
Buyer
PLEASE RETURN ONE COPY WrM YOUR BID
CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: CONTROL ROOM AND OFFICE FOR
THE SANDHILLS WAREHOUSE
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 12917
PROJECT NUMBER: 2125-553102-9751
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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
7,
NOTICE TO BIDDERS
.•
NOTICE TO BIDDERS
BID #12917
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 3:00 o'clock p.m. on the 19th day of April,
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:
CONTROL ROOM AND OFFICE FOR THE SANDHILLS WAREHOUSE
After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer at his office and
1 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 12th day of May,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 su rior as the rating of the
bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check
issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to
C 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
i
will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions
under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and
considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager
} for the City of Lubbock, Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to
in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the
requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement,
minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.
Therewell be a pre -bid conference on 11th day of April, 1994, at 9:00 o'clock am., in the Purchasing Conference Room
L04, 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 RITCIiIE _
BUYER
ADVERTISEMENT FOR BIDS
BID # 12917
Sealed bids addressed to Laura Ritchie Buyer, Purchasing Department, City of Lubbock,Texas will be received at the
t
Y g Pam h'
Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 3:00 o'clock a.m. on the
pr► 19th day of April, 1994, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and
j perform all work for the construction of the following described project:
CONTROL ROOM AND OFFICE FOR THE SANDHILLS WAREHOUSE
e, After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and
publicly read aloud.
6
The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for
the City of Lubbock, Texas.
d Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the
l 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
r scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
i,
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
(i not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.
1.
There will be a prebid conference on the 12th day of April,1994, at 9:00 am. in the Purchasing Conference Room L04,
1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid
n 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
ow
GENERAL INSTRUCTIONS TO BIDDERS
9
GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
rproject in accordance with contract documents for the Control Room and Office for the Sandhills Warehouse.
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.
r 4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 30 (Thirty) calendar days from the date
specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the
progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take
r,,,, 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
the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been
notified.
r. 7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor
of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the
project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full
responsibility of complying with this provision. The specifications for materials and methods set forth in the contract
documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.
k
P
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which
shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature
whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work
as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
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.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the work is in
progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number
where such local representative may be reached during the time that the work contemplated by this contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
to the City. Proof of coverage shall be funished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these
contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of
general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the
requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract
within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the
Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and
obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow
construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract
which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day
of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this
contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than
once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the
seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible
copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each
day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates
or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The
Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each
laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is
paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per
diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder
without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in
and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or
furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of
discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If
the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is
submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal
signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a
company or corporation, the company or corporate name and business address must be given, and the proposal signed by an
official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly
certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the
outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
7 21
F
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.
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.
BID PROPOSAL
r
F
7
BIDPROPOSAL
LUMP SUM PROPOSAL CONTRACT
PLACE: LV I TX
DATE: q— I G) —el
PROJECT NUMBER: 12917 - CONTROL ROOM AND OFFICE FOR THE SANDHILLS WAREHOUSE
Proposal of TLrd�� (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The idder, in com liance with your invitation forbids for the construction of a
r,� LC- 06
SE-,
koo-IV-�'
C
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the
proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents.
SERVICES:
Icol
L C) 50 c
(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 30 (Thirty) 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 SI00.00 (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.
r
r.
i
e
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.
r-
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 (S% ) 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.
F
Enclosed with this proposal is a Cashier's Check or ertified Check f
Dollars (� ^— ) or a Proposal Bond in the sum of � t e- �.+'� ' c Dollars
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the
Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within
ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be
returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents
made available to him for his inspection in accordance with the Notice to Bidders.
(Seal if Bidder is a Corporation)
r -,
ATTF.S
Secretary
C?z), C,4) i S 77 Ze�L L
R'
i
C
THE AMERICAN INSTITUTE OF ARCHITECTS
(
E
AIA Document A310
Bid Bond Bond Number GE5600034
KNOW ALL MEN BY THESE PRESENTS, that we Birchwood Construction, Inc.
2815 North U.S. Highway 385 (Here insert full name and address or legal title of Contractor)
Leveland, Texas 79336
'.. as Principal, hereinafter called the Principal, and Gulf Insurance COjngn
5550 West TOuhy Ave., Suite 400 (Here insert full name an es or legal tide of Surety)
Skokie, IL 60077
a corporation duly organized under the laws of the State of Missouri
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock
(Here insert full name and address or legal title of Owner)
1625 13th Street, Room L-04
Lubbock, TX 79401
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Amount Bid, Not to
Exceed One Thousand Three Hundred Dollars ($ 1,300.00 ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for Addition of Office Stodr�e Roam
to Existing Metal Building (Here insert ul name, a ress an a nption o project)
(Interior Framing, Sheet Rock, Minor Demolition & Elec HVAC)
Invitation Number: 12917
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain
in full force and effect.
Signed and sealed this 19th
(Witness)
( i ess)
Anthon,
t t CAUTION: You should sign an original i
An original assures that changes will not be obscured as may occur when documents are reproduced.
day of April 1994
Polo
AIA DOCUMENT A310 - BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006
r
I
r"
GULF INSURANCE COMPANY '
KANSAS CITY, MISSOURI
POWER OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE
SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE
SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN
CONJUNCTION WITH THE ORIGINAL.
KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com-
pany, a corporation duly organized under the laws of the State of Missouri, having
its principal office in the city of Irving, Texas, pursuant to the following resolution,
adopted by the Finance & Executive Committee of the Board of Directors of the said
Company on the 10th day of August, 1993, to wit:
"RESOLVED, that the President, Executive Vice President or any Senior Vice
President of the Company shall have authority to make, execute and deliver a Power
of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as
may be selected from time to time. and any such Attorney -in fact may be removed
and the authority granted him revoked by the President, or any Executive Vice
President, or any Senior Vice President, or by the Board of Directors or by the
Finance and Executive Committee of the Board of Directors.
RESOLVED, that nothing in this Power of Attorney shall be construed as a grant
of authority to the attomey(s)-in-fact to sign, execute, acknowledge, deliver or other-
wise issue a policy or policies of insurance on behalf of Gulf Insurance Company.
RESOLVED, that the signature of the President, Executive Vice President or
any Senior Vice President, and the Seal of the Company may be affixed to any such
power of Attorney or any certificate relating thereto by facsimile, and any such
powers so executed and certified by facsimile signature and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond and
documents relating to such bonds to which they are attached."
Gulf Insurance Company does hereby make, constitute and appoint
BOND
NUMBER GE 5600034
PRINCIPAL: NAME, ADDRESS
CITY, STATE, ZIP
Birchwood Construction, Inc.
2815 North U.S. Highway 385
Leveland, Texas 79336
EFFECTIVE DATE
April 19, 1994
CONTRACT AMOUNT
$ 26,000.00 (EST.)
$ 1,300.00
Anthony M. Digeronimo
BOND AMOUNT
its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its
I behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,
undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of
said attorey(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed one million (S1,000.000.00) dollars.
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to
be hereto affixed.
yVRANOF
���Pq 0Rgr0O;A GULF INSURANCE COMPANY
� Y
so\)
c I STATE OF NEW YORK ) Christopher E. Watson
SS Executive Vice President
COUNTY OF NEW YORK )
j On this 10th day of August, 1993 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and
say; that he resides in the County of Westchester, State of New York; that he is the Executive Vice President of the Gulf Insurance Company, the corpora-
tion described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said Instruments is such
poi corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order.
i
M e,411ti
NDTARI- o
1 s "Jeor- Janene M. Brando
A No.30-4979591
STATE OF NEW YORK ) �oF NEB Qualified in Nassau County
r" ) SS My Commission Expires April 1, 1995
COUNTY OF NEW YORK )
L,' I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and
attached POWER OF ATTORNEY remains In full force.
ns
Signed and Sealed at the City of New York. aa
Dated the 19 day of April '19
Lawrence P. Miniter
Canines Virn P—M-6
r
CERTIFICATE OF INSURANCE
F
i
r�C®11:11. CERTIFICATE O' FMWRANCE _ f -
PRODUCER ( THIS CERTIFICATE IS ISSUED AS -A' -MATTER OF :"INFORMATION
BLEDSOE INSURANCE AGENCY i ONLY. AND CONFERS NO RIGHTS UPON T*IE•jCERTIFlCATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND,,EXTEND O}}��,
5143-69TH STREET., i D BY THE POLICIES BEL01N:
,
P. 0. BOX 65028 ALTER THE COVERAGE AFFORDED
COVEflAGE I u srt,y 1 rI
COMPANIES AFFORD
LUBBOCK, TX. - 79464-5028 ,COMPANY. - t
806 794-8686 ATRINITY _UNIVERSAL INSURANCE 'CbNIl�iYT
11NSUM NO: 806-794-9276 , t
COMPANY _
B FARMINGTON_CASUALTY :COMPANY
BIRCHWOOD CONSTRUCTION, INC. COMPANY
! P.O. BOX 8241 C
1 I LEVELLAND,TX 79338 COMPANY
COVERAGES
ITHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE -POLICY PERIOD
` INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT. WITH RESPECT`TO WHICH THIS .
CERTIFICATE MAY ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
! co TYPE Of INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRATION
LTR : DATE (MM/DD/YY) DATE (MMNDD/YY)
A.
(�— GENERAL LIABILITY (: GENERAL AGGREGATE:.
1 {X j,C.OMMERCULLGENERAL LIABILITY GLA5793922 00 05 10-15-93 10-15-94 PRODUCTS•COMP/OPAGG s500,000 OO
C CLAIMS MADE ` OCCUR 1 PERSONAL $ ADV INJURY a 500, Q00 _00.
- OWNERS & CONT PROT I EACH OCCURRENCE $ 500, OOO. 0O
1 FIREDAMAl3E{Anyanetire) I? .50"000,
ED EXP (Any'OO
_._.... --.. 10-Person) y S 5,000.00
LUTOMOSILE LIABILITY. M i
ANY AUTO ` EOMBINEDSINGLE LIMIT i
ALL OWNED AUTOS
BODILY INJURY
S
SCHEDULED AUTOS (Perpeeson)
HIRED AUTOS BODILY INJURlY
NON -OWNED AUTOS j (Pg. a
PROPERTY DAMAGE S
----- -GARAGE LIABILITY AUTOONLY = EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
I EACH ACCIDENT ' S
AGGREGATE $
EXCESS LIABILITY I EACH OCCURRENCE $
UMBRELLA FORM
LAGGREGAn --- - -: ; i-
( OTHER THAN UMBRELLA FORM $
r' WORKERS COMPENSATION AND STATUT AY LIMITS
i EMPLOYERS' LIABILITY
B 071DZ0022559699 10-15-93 10-15-94 ! EACH ACCIDENT , $100,000._00
THE PROPRIETOR/
PARTNERSIEXECUTIVE INCL DISEASE -_POLICY LIMIT S 500, OOO. OO
r OFFICERS ARE: EXCL DISEASE EJCH EMPLOYEE $1 OO, OOO.00
R - ....
!± OTHER
i DESCRIPTION OF OPERATIONS/LOCATIONSrVEHICLESiSPEC1AL ITEMS
(CERTIFICATE IS FOR THE SANDHILLS WAREHOUSE JOB)
r CONCRETE CONSTRUCTION OPERATION I
6
I - :
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF LUBBOCK EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
r .
BUILDING INSPECTION/PERMIT OFFICE 10 DAYS WRITTEN NOTICE, TO THE CERTIFICATE HOLDER NAMED To THE LEFT,
P.O. , BOX._ 2000 BUT FAILURE TO MAIL SUCH NOTICE SHALL.IMPOSE NO OBLIGATION OR LIABILITY
i LUBBOCK, TX 79457 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTAMVES.,
AUTHORIZED REPR SENTATIVE
J `i' SV
ACORD 25-5 (3l93)®ACORD CORPORATION 19E
T
t
LL� 1--.- t-- L---, C- L- L-.- C�: L-,-; L-1 L-- i-L- L-- i---- U--- L- LL- L--
r- STATE OF TEXAS
1 ; COUNTY OF LUBBOCK
I
CONTRACT
THIS AGREEMENT, made and entered into this 19th day of NaL 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 BIRCHWOOD CONSTRUCTION, INC. of the City of labbock County of Lubbock. and the State of TEXAS,
hereinafter termed CONTRACTOR
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BED #12917 - CONTROL ROOM AND OFFICE FOR THE SANDHH.LS WAREHOUSE FOR $24,750.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction in accordance with the contract documents as defined in the General
Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given
to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract m 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.
501
F0 w ffl�.
2�- A F!3
APPROVED AS TO CONTENT:
f
r APPROVED AST FORM:
9
i
A ST:
E
Corporate Secretary
0-1
5313 50th Street, Suite D-6
Lubbock. Texas 79414
GENERAL CONDITIONS OF THE AGREEMENT
r
GENERAL CONDITIONS OF THE AGREEMENT
R
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be
i understood as referring to the City of Lubbock, Texas.
CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: BIRCHWOOD CONSTRUCTION, 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
MIKE MURPHY, SENIOR ENGINEER, 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.
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
r accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of
4 like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like
�.• import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
d
G' 6. SUBCONTRACTOR
The berm Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any
Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents,
but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known,
technical or trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
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.
It. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he
shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and
to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to
make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the
work contemplated by these contract documents or the completion of the work contemplated by these contract documents.
Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or
removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's
Representative at Contractor's expense.
r
r
s 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative
shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further
agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction
thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of
said Contractor. The Owner's 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.
1
15. SUPERINTENDENCE AND INSPECTION
r` It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time
I 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 fiunished 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
r" 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.
r16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the
work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work.
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.
r
22
23
24.
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 furnished or used in said work, then the Owner shall recompense the Contractor for
any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
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.
7
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 anytime 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.
t
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation
laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and
others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building
and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible
with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend,
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
r- doing so is to be attached to the Certificate of Insurance.
a
7
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. r
(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and priviliges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF
MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment,
power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When
Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived.
C If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after
demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the
unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to
discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The
Contractor 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.
r
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
7
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. TRAE 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.
7
36. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the
Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for
an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an
extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then submit such written request to
the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City
Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
�.. hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
�! work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
r-
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.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto,
which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all
r• materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly
performing the same and the whole thereof in the manner and according to this agreement, the attached specifications,
plans, contract documents and requirements of Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at
any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made,
Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a
waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
payment. Owner's Representative shall review said application for partial payment and the progress of the work made by
the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical
the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement
shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's
Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final
payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this
agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by
Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the
Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion
of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been
completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance with the contract documents, the
Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the
duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor.
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 31 st 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
l 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
l 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.
r
i 47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of -
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them
48. TIME OF FILING CLAIMS
` It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
�., writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any
directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to
such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute.
The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third
chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the
District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party
demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the
decision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter
within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply
the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex
Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless
either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that
each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of
Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY
l:
r
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
7
! 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.
7 51. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's
Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value
of all work actually completed by said Contractor at the prices stated in the the attached proposal, the value of all partially
completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or
provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor
to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final
statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and
all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner
who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement.
52. BONDS
The successful bidder shall be required to 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
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.
F53. 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
7
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.
r
CURRENT WAGE DETERMINATIONS
7
x
Resolution 1#2502
January 8, 1987
Agenda Item #18
DGV:da "
r RESOLUTION
4
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
r
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.
Ranett"oyd, City CSecretary
APPROVED T. ONTENT:
t.:
,,o�)
Bi 1 P yne, D rector of Building
Services
Y
G
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
r)M A
Do Id G. Vandiver, First
Assistant City Attorney
I
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
Hourly Rate
Asphalt Heaterman
$5.25
Asphalt Shoveler
4.75
Concrete Finisher
7.35
Concrete Finisher -Helper
4.75
Electrician
10.50
Flagger
4.75
Form Setter
6.50
Form Setter -Helper
5.50
Laborer, General
4.75
Laborer, Utility
5.80
Mechanic
6.50
Mechanic -Helper
6.00
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
6.00
Bulldozer
5.25
Concrete Paving Machinist
6.50
Front End Loader
5.85
Heavy Equipment Operator
6.40
Light Equipment Operator
6.40
Motor Grade Operator.
8.00
Roller
5.25
Scraper
5.25
Tractor
5.50
Truck Driver -
Light
5.25
Heavy
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage.Rates
Craft dourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
No Text
CITY OF LUBBOCK
CONTROL ROOM AND OFFICE FOR
THE SANDHILL WAREHOUSE
GENERAL REQUIREMENTS
AND
TECHNICAL SPECIFICATIONS
PREPARED BY:
LUBBOCK WATER UTILITIES ENGINEERING
MURPHYR
r r^
ffr•
l
CONTROL ROOM AND OFFICE FOR
THE SANDHILLS WAREHOUSE
TABLE OF CONTENTS
SECTION CONTENTS
01010 SUMMARY OF WORK
05500 METAL FABRICATIONS
08211 DOORS AND WINDOWS
15010 MECHANICAL - GENERAL REQUIREMENT
16118 ELECTRICAL SPECIFICATIONS
PAGE
1
4
7
11
14
r
CONTROL ROOM AND OFFICE FOR
THE SANDHILLS WAREHOUSE
SECTION 01010
SUMMARY OF WORK
1.1 SCOPE OF WORK
Work under this contract will include:
1. The construction and installation of office, workroom, and control access room as specified
in the plans.
2. The demolition of the six inch slab in the bath room and removal of existing water closet and
lavatory, and installation of new water closet and lavatory.
1.2 CONTRACT CONSIDERATION
1. APPLICATION FOR PAYMENT
A. Submit three copies of each application on AIA Form G702 - Application and Certificate for
Payment and AIA G703 - Continuation Sheet.
2. CHANGE PROCEDURES
A Owner will advise of minor changes in the work not involving an adjustment to Contract Sum or
Contract Time as authorized by issuing supplemental instructions.
B. The Owner may issue a Proposal Request which includes a detailed description of a proposed
change with supplementary or revised drawings and specifications, and a change in Contract Time
for executing the change . Contractor will prepare and submit an estimate within 3 days.
3. MEASUREMENT AND PAYMENT
A Measurement for this project is lump sum.
B. Payment includes: full compensation for all required labor, products, tools, equipment, plant,
transportation, services and incidentals; erection, application or installation of an item of the
work; overhead and profit.
C. Defect Assessment: replace the Work, or portions of the Work, not conforming to specified
requirements. If, in the opinion of the Owner, it is not practical to remove and replace the work, the
Owner will direct an appropriate remedy or adjust payment.
D. Since this is a one month project final payment shall be made at the end of the project.
1.3 COORDINATION AND MEETINGS
1. PRECONSTRUCTION MEETING
A. Owner will schedule a meeting after the Notice to proceed has been awarded
r B. Attendance Required: Owner and Contractor
P
r
C. Agenda
1. Submission of list of subcontractor.
2. Designation of personnel representing the parties in Contract and the Owner.
3. Procedures and processing of field decisions, submittals, substitution, applications for
payments, proposal request, change Orders, and Contract closeout procedures.
4. Scheduling.
1.4 SUBMITTALS
1. SUBMITTAL PROCEDURES
A. Transmit each submittal with AIA Form G810.
B. Sequentially number the transmittal form. Revise submittals with original number and a
sequential alphabetic.
C. Identify Project, Contractor, Subcontractor or supplier, pertinent drawing and detail number, and
specification section number, as appropriate.
D. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products
required, field dimensions, adjacent construction Work, and coordination of information, is in --
accordance with the requirements of work and Contract Documents.
E. Provide space for Contractor and Owner review space.
1.5 CONTRACT CLOSE-OUT
1. CLOSE-OUT PROCEDURES
A. Submit written certification that Contract Documents have been reviewed, Work has been inspected,
and that Work is complete in accordance with Contract Documents and ready for Owner review.
B. Submit final application for payment identifying total adjusted Contract Sum.
2. FINAL CLEANING
A. Execute final cleaning prior to final project assessment.
B. Clean site; sweep paved areas, rake clean Iandscaped surfaces.
C. Remove waste and surplus materials, rubbish, and construction facilities from the site.
3. ADJUSTING
A. Adjust operating Products and equipment to ensure smooth and unhindered operation.
4. PROJECT RECORD DOCUMENTS
A. Maintain on site, one set of the following record documents; record actual revision to the work: _
1. Drawings.
2. Specifications.
K
4
r
3. Addenda.
4. Change Orders and other modifications to the Contrail.
S. Reviewed submittals.
p 6. Manufacturer's instruction for assembly, installation, and adjusting.
+r.. B. Store documents separate from documents used for construction.
i C. Record Documents and Shop Drawings: Legibly mark each item to record actual construction
rincluding:
l 1. Measured locations of internal utilities and appurtenances concealed in construction, referenced to
visible and accessible features of the work.
2. Field changes of dimension and detail.
3. Details not on original Contract drawings.
1.6 WARRANTIES
A. Provide notarized copies stating that this building shall be warranted for one year.
B. Submit prior to final Application for Payment
17
�•. 3
r
SECTION 05500
METAL FABRICATIONS
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Shop fabricated ferrous metal items.
1.2 RELATED SECTIONS
A. Section 01010: Summary of Work.
1.3 UNIT PRICES
A. Struts
1. Basis of Measurement: Lump sum
2. Basis of Payment: Includes fabrication, finishing, and installation.
1.4 REFERENCES
A. ASTM A36 - Structural Steel.
B. ASTM A123 -Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products.
C. ASTM A307 - Carbon Steel Bolts and Studs, 60,000 psi Tensile Strength
D. AWS A2.0 - Standard Welding Symbols.
E. AWS D1.1 - Structural Welding Code.
F. SSPC (Steel Structures Painting Council) - Steel Structures Painting Manual.
G. ASTM C955 Load bearing steel studs / runner (track) bracing or bridging.
H. ASTM C645 Steel studs, runners (track), and rigid furring channels, for screw applicatrion.
1.5 SUBMITTALS FOR REVIEW
A. Section 01010 -Submittals: Procedures for submittals.
B. Shop Drawings: Indicate profiles, sizes, connection attachments, reinforcing, anchorage, size and type of
fasteners, and accessories. Include erection drawings, elevations, and details where applicable.
C. Indicate welded connections using standard AWS A2.0 welding symbols. Indicate net weld lengths.
1.6 QUALIFICATIONS
A. Deviation from the plans must fist be submitted for approval. Prepare Shop Drawings under direct
supervision of a Professional Structural Engineer experienced in design of this work and licensed in the
State of Texas and attach seal.
B. Welders Certificates: Submit under provisions of Section 01300, certifying welders employed on the
Work, verifying AWS qualification within the previous 12 months.
E
i
PART 2 PRODUCTS
2.1 MATERIALS - STEEL
A. Steel Sections: ASTM A36.
B. Plates: ASTM A283.
C. Bolts, Nuts, and Washers: ASTM A153 . —
D. Welding Materials: AWS D 1.1; type required for materials being welded.
E. Touch -Up Primer for Galvanized Surfaces: SSPC 20 - Type I Inorganic and Type H Organic.
2.2 FABRICATION
A. Fit and shop assemble items in largest practical sections, for delivery to site.
B. Fabricate items with joints tightly fitted and secured.
C. Continuously seal joined members by intermittent weld.
D. Grind exposed joints flush and smooth with adjacent finish surface. Make exposed joints butt tight, flush,
and hairline. Ease exposed edges to small uniform radius.
E. Exposed Mechanical Fastenings: Flush countersunk screws or bolts; unobtrusively located; consistent -'
with design of component, except where specifically noted otherwise.
F. Supply components required for anchorage of fabrications. Fabricate anchors and related components of —
same material and finish as fabrication, except where specifically noted otherwise.
2.3 FABRICATION TOLERANCES
A. Squareness: 1/8 inch maximum difference in diagonal measurements.
B. Maximum Offset Between Faces: 1/16 inch
C. Maximum Misalignment of Adjacent Members: 1/16 inch.
D. Maximum Bow: 1/8 inch in 48 inches.
E. Maximum Deviation From Plane: 1116 inch in 48 inches.
2.4 FINISHES - STEEL
A. Clean surfaces of rust, scale, grease, and foreign matter prior to finishing. -
B. Do not prime surfaces in direct contact with concrete or where field welding is required.
C. Prime paint items with two coats.
D. Structural Steel Members: Galvanize after fabrication to ASTM A123, G60 coating.
5
t
E. Non-structural Items: Galvanized after fabrication to ASTM A123, G60 coating.
7
PART 3 EXECUTION
3.01 EXAMINATION
A. Verify that field conditions are acceptable and are ready to receive work
3.2 PREPARATION
A. Clean and strip primed steel items to bare metal where site welding is required.
3.3 INSTALLATION
A. Install items plumb and level, accurately fitted, free from distortion or defects.
B. Provide for erection loads, and for sufficient temporary bracing to maintain true alignment until
completion of erection and installation of permanent attachments.
C. Field weld components indicated on shop drawings.
D. Perform field welding in accordance with AWS D1.1.
E. Obtain approval prior to site cutting or making adjustments not scheduled.
F. After erection, prime welds, abrasions, and surfaces not galvanized, except surfaces to be in contact with
concrete.
3.4 ERECTION TOLERANCES
A. Maximum Variation From Plumb: 1/4 inch per story, non -cumulative.
B. Maximum Offset From True Alignment: 1/4 inch.
C. Maximum Out -of -Position: 1/4 inch.
3.5 SCHEDULE
A. Refer to Drawing details for items not specifically scheduled.
END OF SECTION
6
SECTION 08211
DOORS AND WINDOWS
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Wood do ors.
B. Aluminum Windows.
C. Metal Frames.
D. Finish Hardware
1.2 RELATED SECTIONS
A. Section 01010 - Summary of Work.
1.3 REFERENCES
A. American Architectural Manufacturer's Association (AMMA) - Specifications 605.2, 904.1, 1502.7 and
1503.1.
B. American Society of Civil Engineers (ASCE) 7-88 - Minimum Design Loads for Buildings and Other
Structures.
C. ANSI Al15 - Door and Frame Preparation.
D. ANSI A135.4 - Basic Hardboard
E. ANSI A224.1- Test Procedures and Acceptance Criteria for Prime Painted Steel Surfaces on Iron and
Steel Hardware.
F. ASTM A153 - Standard Specification for Zinc Coating (Hot Dip) on Iron and Steel Hardware.
G. ASTM A366 - Standard Specification for Steel, Sheet, Carbon, Cold -Rolled Commercial Quality.
H. ASTM A525 - Standard Specification for General Requirements for Steel Sheet, Zinc -Coated
(Galvanized) by the Hot -Dip Process.
I. ASTM A780 - Standard Practice for Repair of Damaged and Uncoated auras of Hot -Dip Galvanized
Coatings.
J. ASTM E283, E330, E331, E331 and E405 - Miscellaneous testing methods for air and water
penetration, and wear resistance.
K. American Welding Society (AWS) D1.2 - Structural Welding Code Aluminum.
L. AWI - Quality Standards of the Architectural Woodwork Institute.
M. Steel Door Institute (SDI) - All SDI publications.
N. Underwriter Laboratories, Inc. (UL) - Building Materials Directory.
1.4 QUALITY ASSURANCE
A. Qualifications:
1. Wood Doors and Aluminum Windows: Company specializing in manufacturing the Products
specified in this section with minimum three years experience.
B. Wipe coat galvanized steel is not acceptable as substitute for galvanizing finish specified.
C. Wood Doors: Perform work in accordance with AW1 Quality Standard Section 1300, Custom Grade.
1.5 SUBMITTALS
A. Submit under provisions of Section 01010.
B. Manufacturer's Certificate: Certify that products meet or exceed specified requirements. Submit SDI
certification for metal doors and frames.
C. Submit manufacturer's installation instructions under provisions of Section 0 10 10.
D. Schedule of doors and frames, indicating elevations, frame sections, anchorages, door and frame
dimensions, metal gages, glazing and accessories.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Deliver, store, protect, and handle products so that damage to products is prevented.
B. Maintain packaged materials clean, dry, and protected against dampness, freezing, and foreign matter.
If wood doors are not stored in job site more than a week, all four edges of doors shall be sealed.
PART 2 PRODUCTS
2.1 MATERIALS
A. Wood Doors:
1. Hollow core, flush type, 1-3/4 inch thick, medium density overlay.
2. Adhesives: Type 11, water resistant.
3. Doors shall meet or exceed N.W.W.D.A. 1.S.-1, Series and A.W.I. Section 1300-G-3, Type PC-7.
B. Aluminum Windows:
1. Extruded Aluminum: ASTM B221, 6063 T5 alloy with window frames 8 inch deep; tubular sections
minimum 1/8 inch thick.
2. Sealants: Polyurethane or Silicone.
3. Thermal Insulator: Poured in place polyurethane, self -adhering to adjacent aluminum surfaces.
4. Weatherstripping: Sponge neoprene.
5. Bracket Anchor Reinforcement: Steel, aluminum or Series 300 stainless steel. _
6. Screens: 18 x 16 mesh aluminum wire. Secure to aluminum shapes with vinyl spline; hold in place
with spring loaded plungers. Finish same as window frames.
7. Flashing: Minimum 0.040 inch aluminum. Finish to match window frames.
8
F
8. Glass: Provide glass capable of withstanding windloads in accordance with ASCE 7-88. Provide heat
strengthen and tempered glass where it is determined that these types of glass are necessary to
withstand loads.
9. Finish: Exposed surfaces of aluminum assemblies shall be given an anodic coating, Aluminum
Association finish AA M12C22A42, dark bronze, with all adjacent components carefully selected
for color match.
D. Frame Anchors:
1. Masonry jamb anchors: 16 GA, steel galvanized per ASTM A153, G60 coating corrugated adjustable
"T" design.
2. Metal stud anchors: 16 GA steel, Z design shop welded to frame.
3. Floor anchors: 12 GA, steel galvanized per ASTM A153, G60 coating.
E. Finish Hardware:
1. Wood Doors: Cylindrical, key in knob.
2. Door Closers:
a) ANSI A156.4, Grade 1.
b) Fabricate all closers with integral back check and cold weather fluid.
2.2 FABRICATION
j A. Fabricate rigid, neat in appearance and free from defects. Fabricate doors and frames to tolerance
requirements of SDI-117. Fit doors to SDI and NFPA 80 clearances.
B. Hollow Metal Frames:
�.• 1. Galvanized steel per ASTM A525, G60: 16 GA for frames up to 4 feet wide; 14 GA for frames over
4 feet wide.
2.26 GA steel boxes welded to frame at back of all hardware cutouts.
3.7 GA steel plate reinforcement welded to frame for hinge reinforcing.
4. 12 GA steel plate reinforcing welded to frame for strikes, closers and surface mounted hardware.
5. Split type frames not acceptable.
6. Conceal all fasteners. Weld and grind smooth joints.
�^ 7. Fire Rated: UL labeled; Comply with NFPA 80.
1 I 8. Finish shall meet requirements of ANSI A224.1.
PART 3 EXECUTION
3.1 INSTALLATION
A. Install metal frames and doors in accordance with SDI and manufacturer's instructions. Place frames
prior to construction of enclosing walls and ceilings. Plumb, align and brace securely until permanently
anchored.
` B. Locate anchors near the top and bottom of each frame and at intermediate points not to exceed 32 inches
spacing.
C. Locate hardware items in accordance with DIU "Recommended Locations for Builder's Hardware for
Standard Steel Doors and Frames".
r
r
r 9
9
D. Leave smooth for finish painting.
3.2 FIELD QUALITY CONTROL
A. Allow for inspection by Owner's Representative prior to finish painting.
B. Bent, dented, or damaged doors, windows or frames will not be accepted.
C. Installation of windows supervised or inspected by manufacturer's authorized representative.
END OF SECTION
10
r
PART GENERAL
SECTION 15010
MECHANICAL - GENERAL REQUIREMENT
F1.1 SECTION INCLUDES
A. Mechanical Equipment
B. Plumbing Fixtures.
1.2 Perform work in strict accordance with rules, regulations, codes, ordinances, or laws of local, State, and
Federal governments, or of other authorities having lawful jurisdiction. Such rules, regulations, codes
ordinances, or laws include but are not necessarily limited to the following:
1. State building and fire codes.
2. State plumbing and mechanical codes.
3. City building and fire codes.
4. City plumbing and mechanical codes.
5. National Electric Code (NEC).
6. National Fire Protection Association (NFPA)
7. Occupational Safety and Health Act (OSHA).
B. Referenced Standards:
1. American Society of Mechanical Engineers (ASME)
2. American Society for Testing and Material (ASTM)
3. Factory Mutual Association ONO
4. Instrument Society of America (ISA)
a. S20, Specification forms for Process Measurement and Control Instruments, Primary
Elements and Control Valves.
5. National Electric Manufacturers Association (NEMA)
6. Sheet Metal and Air Conditioning National Contractors Association (SMACNA).
1.3 SUBMITTALS
A. Submit under provisions of Section 01010.
B. Verify on shop drawings dimensions, transverse joints, reinforcement, seams, seals, fittings, hangers
and miscellaneous appurtenances. Include on fabrication drawings location and connection details of
jointed sections to permit access and maintenance connected equipment, dampers, and controls.
C. Submit copies of any manufacturer's written directions regarding equipment and material handling,
installation, operation and maintenance.
D. Detail coordination's, connections, offsets and crossovers in work.
E. Locate and dimension equipment items with reference to other items of work accurately
PART 2 PRODUCTS
2.1 MATERIALS
A. All materials and equipment (plumbing, fixtures, valves, ventilating units, heating units, etc.) shall meet
or exceed the requirements of the Referenced Standards and the applicable codes of authorities having
jurisdiction.
B. All materials and equipment shall be new, without any previous use or repairing.
C. Products from manufacturers listed in the Product listing are included as a minimum standard of quality.
Products substitutions may be allowed subject to acceptance by the Owner's Representative. Substitute
products shall meet or exceed the quality and performance of the product listed.
D. Before ordering any material or doing any work, the Contractor shall verify all dimensions and
elevations, and shall be responsible for the correctness of such dimensions and elevations. No extra
charge or compensation will be allowed on account of differences between actual dimensions and
measurements indicated on the drawings. Any difference which may be found shall be submitted to the
Owner's Representative for consideration before proceeding with work.
E. Name plate Date: provide permanent operational data on each item of power operated mechanical
equipment, indicating manufacturer, product name, model number, serial number, capacity, operating
and power characteristics, labels of tested compliances, and similar essential data. Locate name plates
on accessible and visible location.
2.2 PRODUCT LISTING
A. Subject to compliance with the Contract Documents, the following products will be acceptable.
1. Water Heater: 5-year warranty compact electric water heater; 30-gallon capacity; Grainger Catalog
No. 6E733.
2. Baseboard Heater Electromode EBSION47 or Grainger Catalog - 4E477, 240VAC, 1500 Watts,
5120 BtuK 6.3 Amps.
3. Handicapped Water Closet; White, American Standard 2257.103 Afwall Aquameter, or Kohler
4330 Kingston. Flush valve: Sloan 180-1.5 Royal.
4. Lavatory: White; American Standard, or Eljer.
5. Service Sink: 24 by 20 inches with stainless steel rimguard; American Standard 7696.018 or Kohler
K-6716, or Eljer 242-0155. Supply fitting: American Standard 8306.242, Kohler K-8904, or Eljer
749-1371. Trap: 3 inch "P" type, acid resistant enamel; American Standard, Kohler or Eljer.
Hanger: Concealed, with through -wall bolts and backing plates.
6. Air Conditioning and Heating Units for the offices shall 2 Ton Unit as manufactured by Trane or
approved equal.:
a. Heat Pump: TWR 0244CIOOAI.
b. Air Handler: TWH 024B 140A.
C. Heat Strip: Bay 96X1410
PART 3 EXECUTION
3.1 INSTALLATION
A. Install all materials and equipment in accordance with manufacturer's instructions, and in compliance
with the Referenced Standards, and all applicable codes.
12
9
d B. Cutting, Fitting, Repairing and Finishing: arrange and pay for cutting, fitting, repairing, patching and
finishing of work of other trades where it is necessary to disturb such work to permit installation of
r mechanical work
C. Perform work only with craftsmen skilled in their respective trades.
D. Use galvanized structural steel conforming to ASTM A36, in area of high humidity or locations where
moisture may collect due to condensation. Furnish with shop coat primer and retouch primer after field
welding.
E. Where mounting heights are not detailed or dimensioned, install mechanical services and overhead
equipment to provide maximum headroom possible.
F. Install mechanical equipment in a manner that will facilitate maintenance and repair or replacement of
equipment components. As much as practical, connect equipment for ease of disconnecting, with
minimum of interference with other installations.
G. If factory finish on equipment is damaged in shipment or during construction, refinish equipment to
satisfaction of Owner's Representative.
3.2 FIELD QUALITY CONTROL
A. Provide qualified inspectors to supervise installation of materials and equipment per manufacturer's
requirements.
B. On date predetermined and agreed upon by manufacturer, Owner's Representative, and Installer, prior to
final acceptance, conduct various tests witness by Owner's Representative to determine operational and
functional acceptability of equipment installed. Test will determine that items of equipment and
materials installed fully meet the requirements as to type, quality, and design, and performance as
stipulated in Contract Documents. If any work performed or any equipment furnished and installed is
found to be defective, take remedial measures and arrange for new tests at no extra cost to the Owner. If
after retests, installation is still found to be inadequate, remove defective equipment and reinstall
equipment of operational adequacy to satisfy Owner's Representative that Contract Documents have
been satisfied. Perform this work at no additional cost to the Owner.
I
13
r-
r
SECTION 016118
ELECTRICAL SPECIFICATIONS
1.01 GENERAL.
A. All wiring shall be in accordance with N.E.C. and any local codes or ordinances.
B. Verify with the Owner or other trades the electrical loads and required voltage characteristics for
all heating, air conditioning, exhaust and shop equipment.
C. Adhere to strict conformity of the electrical specifications found in this section and in the plans.
Any changes must submitted and have the approval of the Owner prior to fimtallation.
1.02 CONDUITS
B. Rigid galvanized steel conduits may be used in all indoor or outdoor locations. Conduits in Class
I, Div. 1 locations must be rigid galvanized steel. Galvanized steel conduit buried in earth shall
I be wrapped.
A. EMT shall only be used in indoor, above ground, dry, locations.
B. Support conduits only with approved hangers or clamps. Do not use perforated iron strap or wire
for hanging any conduits.
l l C. Conduit fittings shall be steel compression or steel set screw type.
1.03 CONDUCTORS
A. Feeder sizes are based on THW copper conductors. All wiring shall be UL listed. ASH wiring be
installed in conduits.
B. Do not install more than one conductor in a panel lug, circuit breaker, or device lug unless the
lug or connector is UL listed for more than one conductor.
C. The minimum wire size for any and all circuits shall be #12AWG. Branch circuit home runs
over 100 feet shall be #10AWG.
1.04 GROUNDING
A All raceways, devices, equipment, and metal parts shall be grounded in accordance with Article
250 of the NEC.
B. The grounding electrode system must consist of the following items: metallic water service,
building steel frame, foundation rebar or copper conductor buried in the building slab in
accordance with the NEC. Grounding electrode conductors must have bonding bushings
installed on both ends.
1.05 WIRING DEVICES
A. All wiring devices shall be specification grade. Provide satin stainless steel cover plates in the
office area. Cover plates in the shop shall be stamped steel.
1.06 PANEL BOARDS
A. Provide panel boards with circuit breakers and rating as scheduled.
7
B. Panels shall have bolted in circuits breakers, latching door and directory.
C. Panels shall be equal to Square 'D' Type NQOD with Type QOB Breakers.
15
r
SPECIAL CONDITIONS
NOTICE OF ACCEPTANCE
F TO:
The City of Lubbock, having considered the proposals submitted and opened on the day of
199_, for work to be done and materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that
your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City
Council of the City of Lubbock on the day of 199_ at the bid price contained therein, subject to the
execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and
required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of
Lubbock all such documents within ten (10) days from your receipt of this Notice.
lJ The five percent (S%) bid security, submitted with your proposal, will be returned upon the execution of such contract
documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such
contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representative
r
r