HomeMy WebLinkAboutResolution - 4491 - Contract- Sunwest Construction Inc- Ballfield Concrete Bleacher Pad Construction - 05_19_1994Resolution No. 4491
May 19, 1994
Item #22
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and Sunwest Construction, Inc. of Lubbock to famish and install all
materials as bid for the Ballfield Concrete Bleacher Pad Construction 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 19 th day of May 1994
ATTEST:
Betty M. Johnso City Secretary
APPROVED AS TO CONTENT:
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Victor Kilman, Purchasing Manager
AS TO FORM:
Assistant City Attorney
D0V:dp\o:)cod s SumwcsLR=
May 9. IM
CITY OF LUBBOCK
SPECIFICATIONS FOR
BALLFIELD CONCRETE BLEACHER
PAD CONSTRUCTION
BID #12932
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CITY OF LUBBOCK
Lubbock, Texas
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CITY OF LUBBOCK
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REQUEST FOR BIDS
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TITLE: BALLFIELD CONCRETE BLEACHER PAD CONSTRUCTION
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ADDRESS: LUBBOCK, TEXAS
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BID NUMBER: 12932
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PROJECT NUMBER: 1421-553107-9912
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CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID PROPOSAL — BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITIONS
NOTICE OF ACCEPTANCE
NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID 612932
rSealed bids addressed to Laura Ritchie, Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing
t Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock a.m. on the 26th 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:
BALLFIELD CONCRETE BLEACHER PAD CONSTRUCTION
After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer at his office and
publicly read aloud.
r' 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
i 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 wid contract price exceeds
$25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or prior, as the rating of the
bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check
issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to
the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder
will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions
under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and
considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager
for the City of Lubbock, Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to
in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the
requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
PM heretofore established by owner in said wage scale.
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The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement,
minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. --
There will be a pre -bid conference on 19th day of Anril,1994, at 10:00 o'clock a.m., 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
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LAURA RTTCEM _
BUYER
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ADVERTISEMENT FOR BIDS
BID #12932
Sealed bids addressed to Laura Ritchie, Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the
Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the
r, 26th 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:
BALLFIELD CONCRETE BLEACHER PAD CONSTRUCTION
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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
The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for
the City of Lubbock, Texas.
4 Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the
r contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further
directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage
scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement,
minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.
There will be a prebid conference on the 19th day of April,1994, at 10:00 a.m., in the Purchasing Conference Room L04,
r` 1625 13th Street, Lubbock, Texas.
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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.)
k or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
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LAURA RITCHIE
BUYER
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GENERAL INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
project in accordance with contract documents for the Ballfield Concrete Bleacher Pad Construction.
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.
PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the
contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
4. TRV E AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 90 (Ninety) calendar days from the date
specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the
progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take
such action as the City deems necessary to insure completion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an
affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by
the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been
notified.
7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor
of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the
project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full
responsibility of complying with this provision. The specifications for materials and methods set forth in the contract
documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project
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8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which
shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature
whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work
as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use during
construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The
Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for
proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the
work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its
certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed
contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04
of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the time of purchase.
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to
exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground
structures which might or could be damaged by Contractor during the construction of the project contemplated by these
contract documents. The City of Lubbock agrees that it will 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 Iines or structures cut or damaged by Contractor during the prosecution of the work
contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take
such other precautionary measures for the protection of persons, property and the work as may be necessary. The
Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and
when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost
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and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date
of issuance to Contractor of City's certificate of acceptance of the project.
14. EXPLOSIVES
r., The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City.
I 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 furnished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
jContractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
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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 finther directed to the
requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract
within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the
Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and
obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow
construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract
which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day
of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this
contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than
once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the
seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible
copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each
day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates
or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The
Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each
laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is
paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per
diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder
without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in
and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or
furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of
discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If
the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is
submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal
signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a
company or corporation, the company or corporate name and business address must be given, and the proposal signed by an
official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly
certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the
outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
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Bid proposals may be withdrawn and resubnutted at any time prior to the time set for opening of the bids, but no proposal
may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
W General Conditions.
(g) Special Conditions (if arty).
(h) Specifications.
(i) Insurance Certificates.
0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by
reference into the aforementioned contract documents.
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BID PROPOSAL
LUMP SUM PROPOSAL CONTRACT
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PLACE: LUBBOCK. TEXAS
DATE: 4/26/94
PROJECT NUMBER: 12932 - BALLFIHLD CONCRETE BLEACHER PAD CONSTRUCTION
'i Proposal of StIAMIFST CONSTRUCTION, INC. (hereinafter called Bidder)
—� To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
.- The Bidder, in compliance with your invitation for bids for the construction of a
BALLPARK CONCRETE BLEACHER PAD CONSTRUCTION
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 ever all expenses incurred in performing the work required under the contract documents.
~ TEN THa)SAND FOUR HUNDRED THIRTY TWO AND 63/10D DOLLARS ONLY
MATERIALS: ($ 10,432.63 )
. SERVICES: THIRTEEN THpILW TWO HUNDRED TWENTY EIGHT AND 37/100 DOLLARS Uo( 13 228.37 )
TOTAL BASE BID: TWENTY THREE THO(JSAND SIX HUNDRED SIXTY ONE AND NO/10D DOLLAR($ ONLY 23,661.OD )
ALTERNATE #1- MACKENZIE PARK AT BROADWAY AND AVENUE A NO BOND INCLUDED*
MATERIALS: Six Thousand One Hundred Forty Seven Dollars & 73/100 Only ($ 6,147.73 )
SERVICES: Four Thousand Nine Hundred Forty Fight Dollars & 27 /100 ($ 4.948.27 )
TOTAL BID ALTERNATE #1: Eleven Thousand Ninety Six Dollars & NO/100
ALTERNATE #2 - MAXEY PARK AT 30TH AND NASHVUXE NO BOND
MATERIALS: Four Thousand Two Hundred Eighteen Dollars & 45/100 ($ 4.218.45 )
SERVICES: Three Thousand Nine Hundred Eight Nine nnllars & 55/100 ($3;989.55 )
TOTAL BID ALTERNATE #2: Eight Thousand Two Hundred Eight Dollars & NO/100 ($ 8,208_00 )
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern)
If Bid is required add $710.00 plus Alternate #1 Add $166.00 & Alternated #2 add $123.00
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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 90(Ninety) 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
S100.00 (ONE HUNDRED DOLLARS) for each calendar day in excess of the time set forth hereinabove for completion of this
project, all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction
number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
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Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as
a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of
the contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars (S ) or a Proposal Bond in the sum of One Thousand Seven Hundred Fifty Dollars ($1s750.00 ).
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
r- made available to him for his inspection in accordance with the Notice to Bidders.
MUMRKFOMJ• . _ _ _
(Seal if Bidder is a Corporation)
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ATTEST:
'4Y J.' - - I.
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Secre - a6:54 .
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BOND NO. �E5600211
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BID OR PROPOSAL BOND
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KNOW ALL MEN BY THESE PRESENTS, that we Sunwest Construction, Inc.
as PRINCIPAL, (hereinafter called the Principal), and Gulf Insurance Company
, a corporation duly organized under the laws of Missouri and authorized to transact
a general surety business in the State of TXas SURETY, (hereinafter called the Surety), are held firmly bound unto:
City of Lubbock
as OBLIGEE, (hereinafter called the Obligee), in the sum equal to A of the accompanying bid of the Principal, not,
however, in excess of ONE THOUSAND SEVEN Hi1Ni REr) FTFTY AM N( LJM -- dollars,
iS 1,750.00 ), 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.
THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas.the Principal has submitted -or is about to submit to the
Obligee a proposal or bid, dated on or about the date mentioned beJow,for. 11) the-perfounance bf the designated work, or
(2) the furnishing of the specified goods, supplies or products,
Ballfield Concrete Bleacher Pad Construction -
NOW, THEREFORE, if the Principal shall not legally withdraw said bid within ar at the times permitted therefor, but -shall
duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any
amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to
the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the
Principal shall give bond or bonds for the faithful performance thereof,and/or for payment for labor and materials going
thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to the Obligee
the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this
bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue.
PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid
shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid
provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the
time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced
within six (6) months from the date of the formal opening of said bid.
PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy
of a Power of Attorney authorizing the undersigned Attomey4n-Fact to execute such a bond, the Serial Number upon which
Copy of Power of Attorney shall correspond with the Bond Number set out above.
Signed, sealed, and dated this 26th day of April 19 94
Sunwest Cons on 'I'nc.
Principal
Laura kspifioza 40Attorney-in-Fact
�* GULF INSURANCE COMPANY
KANSAS CITY, MISSOURI
POWER OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE
PIK 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
c 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
r 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.
P.' RESOLVED, that nothing in this Power of Attorney shall be construed as a grant
of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or other-
wise issue a policy or policies of insurance on behalf of Gulf Insurance Company,
RESOLVED, that the signature of the President, Executive Vice President or
any Senior Vice President, and the Seal of the Company may be affixed to any such
PM Power of Attorney or any certificate relating thereto by facsimile, and any such
i 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
Laura Espinoza
NUMBER GE 5600211
PRINCIPAL: NAME, ADDRESS
CITY, STATE, ZIP
Sunwest Construction, Inc.
3330 70th St., Suite 111
Lubbock, Tx 79413
( EFFECTIVE DATE
�$ 1,750.00
CONTRACT AMOUNT
BOND AMOUNT
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its
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 attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed one million (SI,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.
SVFIANO�r
p�P0 COS GULF INSURANCE COMPANY
.�i CP Alto .p
J Qjj � �
7 ° L7EAL
►i�Sso�Q�
r° STATE OF NEW YORK ) Christopher E. Watson
i ) SS Executive Vice President
COUNTY OF NEW YORK )
On this loth day of August, 1"3 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 or said corporation; that the seal affixed to the said instruments is such
i 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.
t � y NOTAA/- O
Janene M. Brando
r to No.3OA979591
STATE OF NEW YORK ) �OF Nr,44 Qualified In Nassau County
SS My Commission Expires April 1, 1995
COUNTY OF NEW YORK )
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.
gVRANCE C
Signed and Sealed at the City of New York. �PPORAr� O
J y
�` SEAL so��' Dated the 26th day of April .1994
1 's
P
Lawrence P. Miniter
Senior Vice President
L._.: L-, " 1.. _�- L. L-- L- L_._ L__.' L-a L-' L.__ : L_..- L- L_-' L- L._._: L- L- L
._A
-
r-
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENT'S, that Sunwest Cnnstructinn. Inc. (hereinafter called the Principal(s), as
Principal(s), and
Gulf Insurance Cnmpany
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in
the amount of $ 4 3 .9 4 6.0 0 Dollars (S 43 ,946 _ n)) awful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 19th day of
May . 192A • to
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then,
this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes
of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 26th day of
may 19 94
Gulf Insurance Grtnpany
Surety
*By: Zae� r��
(Title) 2�ppinnza
Attorney —in —Fact
Sunwest Cnnstructinn, Inc.
BOND CHECK /% Principal
BEST RATING
LICENSED IN TEXAS
6 2a/gyBY �- ` By:
DATE ,
(Title) ,�S
By:
(Title)
By:
(Title)
T.
7
i.
PO' The undersigned surety company represents that it is duly qualified to do business In Texas, and hereby designates
agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of
process may be had in matters arising out of such suretyship.
L�-]If Tns-miranc-P CaD any
Surely
4 •Br -
(Ti e) AMr=EV-hr•Fact
Approved as to Form
City of Lubbock
B
r, City Attorney
i
* Note: If signed an officer of the g by Surety Company, there must be on file a certified extract from the by-laws showing that this
person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files.
r
ll't ....• I x.
1' J'
10
r '1 :��. .,_ •r;: .. r .�' .':1 I s-�;' ',!, i .. � °I`i ` .. �i'l lii I•� i., �i
1
BOND
�- GULF
KA SAS CITY, M SSOURI NUMBER GE 5601927
POWER OF ATTORNEY PRINCIPAL: NAME, ADDRESS
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE CITY, STATE, ZIP
SAFETY PAPER ' TTH TEAL INK. DUPLICATES SHALL HAVE THE
i- SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN
CONJUNCTION WITH THE ORIGINAL. Sunwest Comtructinn, Inc.
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. Lubbt ck, TX 79413
adopted by the Finance & Executive Committee of the Board of Directors of the said
Company on the IOth 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 EFFECTIVE DATE
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.
7RESOLVED, that frothing 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- CONTRACT AMOUNT
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
r.. Power of Attorney or any certificate relating thereto by facsimile, and any such BOND AMOUNT
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
Gulf insurance Company does hereby make, constitute and appoint
Laura Espinoza
7
i
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
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 attomey(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed one million ($1,000,000.00) 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
rbe hereto affixed.
aANCE co GULF INSURANCE COMPANY
v �PPO/,,q�� ;;
J Z
i " SEAL i dL f
41�SSOVQ`
r STATE OF NEW YORK ) Christopher E. Watson
SS Executive Vice President
COUNTY OF NEW YORK )
On this loth day of August, 1"3 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
! 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
NOTAgY o
N; 'elJ19100 Qr 6J11 M. Brando
1O No. 304979591
STATE OF NEW YORK ) FOF NF&I Qualified In Nassau County
SS My Commission Expires April 1, 1995
COUNTY OF NEW YORK )
r
i
7
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. —
gVRANCf
C
Signed and Sealed at the City of New York. V �QPORA °;'
� Z
n SEAL <
so\)
Dated the 26th day of May , 19
Lawrence P. Miniter
Senior Vice President
PERFORMANCE BOND
I
F
"• STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
L OF THE REVISED CIVIL. STATUTES OF TEXAS AS
F AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSI 3t?
rL c.,l�1..1 f it i ti — �c
�--� Sunwest Cnnstructinn Inc.
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter calle�the Principal(s), as Principal(s), and
I`
Gulf Insurance Cnmpany
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in
k the amount of $43, 946.00 Dollars ($ 43, 946.0 q lawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
�. jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligec, dated the 19thay of
r� May , 1594, to
3
Bid #12932—Ballfield Crncrete Bleacher Pad Cnnstructinn
7`
i.
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void, otherwise
to remain in full force and effect.
C
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes
of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in
�. accordance with the provisions of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 26tbay of
.• ntay 19Si—.
Gulf Insurance Cxwpany Sunwest Cnnstructinn, Inc.
Surety BOND CHECK Prutci
* By BEST RATING - By: a
�.: (Title) Laura E p' za LICENSED 1N TEXAS
Attnrney-in-Fact DATE 6 -0 flY (Title)
.` . By:
(Title)
J.— By: (Title)
FL-
01
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
EVa7ette Abamathie _ an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service
of process may be had in matters arising out of such suretyship.
Gfflf Tnmirannt- Cm=Mz
Surety
*By:
(Title) Attrkrney—in—Fact
Approved as to form
City of Lubbock f
Y.
ty Attorney
• Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this
person has authority to sip such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files.
V
rR
I
CERTIFICATE OF INSURANCE
F
F
A001:b. CERTIFICATE OF INSURANCE ISSUE DATE (MMIDDIYY)
-.-
05/26/94
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AN❑
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICA'
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY Ti
Boley Featherston Insurance
POLICIES BELOW.
P. 0. Drawer 10
COMPANIES AFFORDING COVERAGE
Wichita Falls TX 76307
COMPANY
A
LETTER
TX WORKERS COMP INSURANCE FUND
COMPANY
6
INSURED
LETTER
RELIANCE INSURANCE COMPANY
COMPANY
C
LETTER
NORTHBROOK PROPERTY & CASUALTY
COMPANY
D
SUNWEST CONSTRUCTION INC
LETTER
3330 SEVENTIETH STREET Ill
E
COMPANYLUBBOCK
IX 3
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED
BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TR TYPE OF INSURANCE POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMlDDIYY) DATE (MMIDD/YY) LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE 32,000,00,
B X COMMERCIAL GENERAL LIABILITY OBS5626392
10/ 15/93 10/ 15/94 PRODUCTS-COMP/OP AGG. S 1 ! 000, 00(
CLAIMS MADE X OCCUR,
PERSONAL 6 ADV. INJURY 31,000,00t
OWNER'S & CONTRACTOR'S PROT,
EACH OCCURRENCE 31,000,00(
FIRE DAMAGE (Any one tire) 550, 000
MED. EXPENSE (Any one person) s5,000
AUTOMOBILE LIABILITY
COMBINED SINGLE _
B X ANY AUTO OBE3562640
10/ 15/93 10/ 15/94 LIMIT 1 T 000, 00(
ALL OWNED AUTOS
BODILY INJURY
3
SCHEDULED AUTOS
(Per person)
X HIRED AUTOS
BODILY INJURY _
X NON -OWNED AUTOS
(Per accident)
GARAGE LIABILITY
PROPERTY DAMAGE S
EXCESS LIABILITY
EACH OCCURRENCE i
UMBRELLA FORM
AGGREGATE S
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
X STATUTORY LIMITS
A TSF 110364
10/ 15/93 10/ 15/94 EACH ACCIDENT $500T OOO
AND
DISEASE —POLICY LIMIT s500 v 000
EMPLOYERS' LIABILITY
DISEASE —EACH EMPLOYEE $500 000
OTHER
C BUILDERS RISK 72323131
10/ 15/93 10/ 15/94 JOB 3, 000r 00(
CAT 61000, 00(
DlesCRRE:IoBALLF I ELD COl�CRE�E P>�3LAEa�HER
PAD CONSTRUCTION
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
CITY OF LUBBOCK
MAIL -1�)- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
P 0 BOX 2000
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LUBBOCK TX 79457
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
HOLEY FEATHERSTO ''
i ACORiI 95.5 mam
®AC n COR tIRATION 19C
No Text
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
.� THIS AGREEMENT, made and entered into this 9} th day of May. 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 SUNWEST CONSTRUCTION, INC. of the City of Lubbock, County of Labboct and the State of Tezas,
hereinafter termed CONTRACTOR
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #12932 - BALLFIELD CONCRETE BLEACHER PAD CONSTRUCTION FOR $43,946.00
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 in accordance with the
proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS W11EREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the
year and day first above written.
v
I I
ATTEST:
Co rate Secretary _ A $
CONTRACTOR:
.• .0 0 (ININ I
COMPLETE ADDRESS:
3330 70tb Street, Suite 111
Lubbock, Texas 79413
GENERAL COMMONS OF THE AGREEMENT
I
T
GENERAL CONDITIONS OF THE AGREEMENT
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be
understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: SUIVWEST CONSTRUCTION, INC. who has agreed
to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
JOI1N WEBB, INTERIM PARK DEVELOPMENT SUPERVISOR City of Lubbock, under whose supervision these
contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such
other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this
agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but
shall not directly supervise the Contractor or men acting in behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if
any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of
like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like
import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any
Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents,
but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
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, famish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known,
technical or trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout
of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not
relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he
shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and
to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to
make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. 1:MS AND GRADES
All lines and grades shall be fiunished 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.
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.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time
such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the
materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is
done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance
required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The
Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so
appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer,
supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
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.
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The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
r- subcontractors, or any of his agents or employees, or any other persons performing any of the work.
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17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of
the terms or obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required
under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Owner's Representative's written
consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also
understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials,
tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be
maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be
constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's
Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location
wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be
ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any
work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's
Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such
tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
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i' 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
d 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
r' Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's
Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve
the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with
plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full
accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line,
grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after
the beginning of the construction, without affecting the validity of this contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
r 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
r" any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
a
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as
provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor
to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to
the Contractor for performing said extra work shall be determined by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then
the Contractor shall be paid the actual field cost of the work, plus fifteen (151/6) per cent.
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In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply
and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics
and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used
on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on
account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property
Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the
Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of
the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The
Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type
and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless
otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen percent (151/6) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to
the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (Q. The Contractor will thereby preserve the right to submit the matter of payment to
arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and
other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all
appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by
Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract
documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no
such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work
in accordance with these plans and specifications. It is further understood that any request for clarification must be
submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.
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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 constriction 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
r " Explosion & Collapse Hazard
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Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
` The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement
doing so is to be attached to the Certificate of Insurance.
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B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City
of Lubbock as insured and the amount of such policy shall be as follows:
For bodily injuries, including accidental death and or property damage, $500,000 Combined Single Limit.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500,000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of (100% of potential loss) naming the
City of Lubbock as insured.
E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of $500,000 with coverage to
correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement
doing so is to be attached to the Certificate of Insurance.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such
certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at the
address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
r" specifications. No substitute of nor amendment thereto will be acceptable.
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(8) If policy limits are paid, new policy must be secured for new overage 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, EOUIPMENT AND SUPPLIES
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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,
r power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When
Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work funished 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.
7 Any and all communications between any party under this paragraph must be in writing.
1 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
r Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be
responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer
or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate
design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless
from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
" Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
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If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the
same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into
contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in
the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this
contractual agreement.
34. T1IyiE 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. TWE AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most
conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the
work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications,
and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work
done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing
work done under this contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which
shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the
several parts of the work and estimated dates of completion of the several parts.
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36. EXTENSION OF TRAE
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this
r" 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
i 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
i . expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. QUANTITIES AND MEASUREMENTS
r„ 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 fumished 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.
i 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 famishing 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
I 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 fiunishing all
materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly
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performing the same and the whole thereof in the manner and according to this agreement, the attached specifications,
plans, contract documents and requirements of Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at
any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made,
Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a
waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
payment. Owner's Representative shall review said application for partial payment and the progress of the work made by
the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical
the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement
shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's
Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final
payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this
agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by
Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the
Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion
of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been
completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance with the contract documents, the
Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the
duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and
prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and
shall certify same to the Owner, who shall pay to the Contractor on or before the 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
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replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written
notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense.
r46. 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
r faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
` resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47. PAYMENT WITHI MELD
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.
49, TWE 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., Vcmon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY
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QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT
TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums
as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable
cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless
otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The
award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or
award.
50. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative,
when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the
Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for
work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of
the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra
Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten
(10) days after service of such notice, then the Owner may provide for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,
tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the
Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under
this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference.
In case such expense is greater than the sum which would have been payable under this contract, if the same had
been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to
the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a
general circulation in the County of location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to
the Owner under the new contract as compared to what would have been the cost under this contract, such increase
shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that which would have been the cost to complete the work
under this contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of
completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized
statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and
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delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the
balance due as reflected by said statement within 30 days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
�• machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
51. ABANDONMENT BY OWNER
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 famish 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.
53. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
54. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual
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obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
55. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct,
supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The
fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and
to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative
hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent
contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other
person, firm, or corporation.
56. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave
the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may
remove the debris and charge the cost to the Contractor.
CURRENT WAGE DETERMINATIONS
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c: Resolution #2502
` January 8, 1987
Agenda Item #18
DGV:da
RESOLUTION
WHEREAS, the City Council has heretofore established the general _
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
-in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
r, , 23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
..contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction'Trades
' Exhibit B: Paving and.Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January , 1987,
I I LS
I� T
:Ranettd,-Boyd, City Secretary
APPROVED T- ONTENT:
Bi 1 P,yne, D rector of Building
Services
F
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
�P
0o Id G, Vandiver, First
Assistant City Attorney
F
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates _
Craft
Hourly Rate
Acoustical Ceiling Installer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
10.50
Bricklayer -Helper
5.00
Carpenter
11.00
' Carpenter -Helper
5.50
Cement Finisher;
7.35
Drywall Hanger
8.70
Electrician
10.50
Electrician -Helper
5.25
Equipment Operator -
Heavy
8.00
Light
5.70
Floor Installer
8.00
Glazier
7.50
Insulator, Piping/Boiler
9.50
Insulator -Helper
5.00
Iron Worker
7.30
Laborer, General
4.75 -
Mortar Mixer
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65
.Roofer -Helper.
4.75
Sheet Metal Worker,
8.75
Sheet Metal Worker -Helper
5.50
- Welder - Certified
8.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5:25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman 411.00
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.
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EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.1 1/2 times base rate.
L--. L--L--,a i..._ L- I L L- L—,-- C�W..:� L—. L— L.e l i .. L L L- L_. L
SECTION O1 Summary of Work
Ballfield Concrete Bleacher Pad Construction.
1. General
r1.1 Scope of —Project
A. Contractor to supply all superintendency, perform all
work, and furnish all labor, equipment, and incidentals
necessary to fully and properly complete all work as
described in the plans and specifications. All
construction and other work shall be done in accordance
with the best engineering and construction practice's for
the skill or trade involved.
1.2 Work Included
A. Section 02 Demolition, Earthwork, and Grading
B. Section 03 Concrete Work
1.3 Additional Information
A. All information under General Instructions To Bidder,
General Conditions of Agreement, and Special Conditions
apply to this section.
B. These plans and specifications were prepared by the Parks
Department (which shall be called Owner).
Contractor shall set all construction stakes for
locations of elements at project site, and give the owner
36 hours for approval of staking before construction -can
begin.
2. Quality Assurance
2.1 Contractor shall take all precautions necessary to protect
all existing trees, shrubbery, sidewalks, buildings,
vehicles, utilities, etc., in the area where the work is
being done. The Contractor shall rebuild, restore, and make
good at his / her own expense, all injury and damage to same
which may result from work being carried out under this
contract.
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2.2 The Contractor shall take all necessary precautions to
assure the safety of the site visitors during the
construction and clean-up operations. The Contractor shall
maintain and keep in good repair the work intended under
these Plans and Specifications and shall perform all`
necessary repair, construction, and renewal to the date of
acceptance by Owner.
2.3 Any utilities and irrigation lines shown on plans are for
information only and are not guaranteed by the Owner to be
accurate as to location and depth. The Contractor's
attention is directed to the fact that other underground
utility lines may exist that Owner is not aware of. It is
the Contractor's obligation to locate and familiarize
himself with all utilities and to provide for their safety.
Damage to utilities will be repaired at Contractor's
Expense. _
2.4 Contractor shall use adequate numbers of skilled workers who
are thoroughly trained and experienced in the necessary
crafts and who are familiar with the specified requirements
and methods needed for proper performance of the work of
this bid.
2.5 Contractor shall submit shop drawings for all work included
in this bid illustrating all plans and details necessary to
communicate the construction of this work.
2.6 Contractor shall guarantee all work completed within these
plans and specifications for a period of one (1) year from
the date of final acceptance. During this time, Contractor
shall correct, at his expense, any defects or faults which
may occur due to faulty materials and/or workmanship.
End - of Section
t
Section 02 Earthwork and Grading
�- Ballfield Concrete Bleacher Pad Construction
1. General
jj 1.1 Scope of Project
A. To furnish and supply all supervision, equipment, and
r' labor necessary to perform excavation, grading,
backfill, and compaction of material as specified
herein and on the plans.
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° 1.2 Related work specified elsewhere
A. Section 03 - Concrete Work
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1.3 Additional Information
A. All information under GENERAL CONDITIONS OF AGREEMENT,
GENERAL INSTRUCTIONS TO BIDDER, and SPECIAL
CONDITIONS, apply to this section.
B. The bid amount shall be total cost for work mentioned
in the scope of work.
2. Products
2.1 Material -Site Fill
A. Fill material, if necessary, to be provided by
Contractor.
r" B. Natural, fertile, friable soils possessing
characteristics of soils in the vicinity which produce
heavy growth of crops, grass, or other vegetation.
r C. Top soil to be free of subsoil, brush, organic litter,
objectionable weeds, clods, shale, stones 1 1/2"
dimension or larger, stumps, roots, or other materials
harmful to grading, planting, plant growth, or
t maintenance operations.
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3. Execution
3.1 Protection
A. Carefully maintain bench marks, layout stakes, and other
reference points.
B. Protect property, including adjoining property and
public right-of-way, from damage by trucks and
equipment.
C. Protect active utilities to be retained on site, whether
shown on drawings or uncovered during excavation
operations. 'If damaged, repair at Contractor's
expense, except irrigation quick couplers located
directly back of curb. These quick couplers will be
salvaged and the lines will be capped off by Owner.
D. Protect existing trees and plant material to be retained
from damage by trucks and equipment.
E. Keep excavations free of water.
3.2 Demolition & Site Preparation
A. Clearing
1. Remove trash, debris, and other obstructions found
at near existing grade from areas of proposed
structures, walks, curbs, and paving (if
applicable).
2. Contractor shall be responsible for removing
unusable material from site.
B. Grubbing (if applicable)
1. Remove stumps, roots. over 2" in diameter, matted
roots and other obstructions found at or below
existing grade from cleared areas.
2. Remove waste materials daily as it accumulates.
3. Comply with applicable codes and ordinances
regarding waste transportation and disposal.
4. Burning and blasting on site will not be
permitted.
3.3 Excavation
r- A. Excavate to bring areas to grade and subgrades
indicated. Scarify excavated areas occurring under
concrete to a depth of 68, then compact to required
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density.
B. Stockpile all excavated material on site; exact location
to be approved by Owner.
C. Contractor to separate top soil and subsoils into two
(2) piles.
3.4 Fill and Backfill
A. Placing: Place material in loose, even successive lifts
not to exceed the following depths: (if applicable).
4
�r^ 1. Fill below concrete slabs: Max. 8" high lifts.
2. Site fill and backfill : Max. 12" high lifts.
B. Compaction: Thoroughly and evenly compact each lift to
the following densities:
1. Fill below concrete slabs: Not less than 95%
PM standard density to at least four (4) feet
outside of slab.
r, 2. Site fill: Not less than 90% standard density.
C. Cushion Sand: Provide uniform, smooth, compacted sand
layer to 3" depth below site flatwork. Moisten and
t compact sufficiently to prevent undue displacement
f during the placement of reinforcing and concrete.
D. Moisture Control: When moisture must be added prior to
compaction, uniformly apply water to surface, but do
not flood. Free water shall not appear on surface
during or after compaction operations. Remove and
replace, or scarify air-dry soil too wet to allow
proper compaction.
3.5 Grading
A. Uniformly grade areas, including adjacent transition
areas to smooth surface at required grades and
elevations.
B. Concrete subgrade: Excavate or fill as required to
r` provide finish grade shown on plans. Shape subgrade
It to true and even lines to provide for uniform
thickness of sand cushion.
3.6 Finish Grading
Fine grade areas to achieve final contours acceptable to
Owner.
Provide uniform roundings at top and bottom of slopes
and other breaks in grade. Correct irregularities and
areas where water will stand.
Topsoil:
1. Uniformly distribute topsoil to required grades;
feather back to where grades.remain unchanged.
2. Place and compact topsoil in manner conducive to
the growth and maintenance of plant material.
3. Degree of finish shall be that ordinarily
obtainable with blade or scraper operations.
Remove rubbish, vegetation, and rocks over 1
1/2" in diameter.: Leave areas smooth and
suitable for establishment of lawns and
planting. Correct irregularities and areas
where water will stand.
3.7 Maintenance
A. Before final acceptance, protect newly graded areas from
traffic, construction and weather damage, washing,
erosion and rutting, and repair such damage that
occurs.
B. Correct settlement below established grades to prevent
ponding of water.
C. Excess stockpiled material to remain on site. Other
material, such as waste, to be removed from site and
leave work in clean finished condition.
3.8 Final Acceptance
A. Site shall be thoroughly inspected by Owner prior to
final acceptance.
B. Any areas needing further grading or other attention
shall be completed to Owner's satisfaction.
End of - Section
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SECTION 03 Concrete work
Ballfield Bleacher Pad Construction
�— 1. General
` 1.1 Scope of Project
A. Refer to drawings for sections and locations of concrete
work.
1.2 Related Work as Specified Elsewhere:
A. Section 02 - Earthwork & Gradin4
1.3 Codes and Standards:
,. A. Comply with the provisions of the following codes,
specifications and standards, except where more
r' stringent requirements are shown or specified.
ACI 347 "Recommended Practice for Concrete Form Work".
r• ACI 304 "Recommended Practice for Measuring, Mixing,
Transporting and Placing Concrete".
Concrete Reinforcing Steel Institute, "Manual of
Standard Practice".
1.4 Workmanship:
7
A.
The Contractor is responsible for correction of concrete
work which does not conform to the specified
requirements, including strength, tolerances and
,.,
finishes. Correct deficient concrete as directed by
the Owner.
B.
Contractor to have a minimum of 3 years experience in
forming and pouring concrete of a similar nature and
scope.
•-
C.
Concrete shall meet minimum strength specified on
details.
D.
Contractor shall, at Owner's request, submit proof or
test data of concrete to be used. Contractor shall be
responsible for type of concrete delivered by ready -
mix plant.
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2. Products
2.1 Form Materials:
A. Forms for Concrete: Unless otherwise shown or
specified, construct all Form work for concrete
surfaces with plywood, metal, metal -framed plywood -
faced or other acceptable panel -type materials, to
provide continuous, straight, smooth, surfaces.
Finish in largest practicable sizes to minimize number
of joints and to conform to joint system shown on
drawings. Provide form material with sufficient
thickness to withstand pressure of newly -placed
concrete without bow or deflection. Forms used for
this class of concrete shall be new or "good -as -new."
B. Use Plywood complying with U.S. Product Standard PS-1
"b-B (Concrete Form) Plywood" Class 1, Exterior Grade
or better, mill -oiled and edge -sealed, with each piece
bearing legible trademark of an approved inspection
agency, unless otherwise acceptable to Owner.
2.2 Reinforcing Materials:
A. Welded Wire Fabric:
fabric.
ANSI/ASTM A 185, welded steel wire
B. Supports for Reinforcement: Provide supports for
reinforcement including bolsters, chairs, spacers and
other devices for spacing, supporting and fastening
reinforcing bars and welded wire fabric in place. Use
wire bar type supports complying with CRSI, unless
otherwise specified. Wood, brick and other devices
will not be acceptable.
2.3 Concrete Materials
A. Portland Cement: ANSI/ASTM C 150, Type I, with
Fibermesh unless otherwise acceptable to Owner.
B. Use only one brand of cement throughout the project,
unless otherwise acceptable to Owner.
C. Aggregates:
1. Clean, sharp, natural sand free from loam, clay,
lumps or other deleterious substances.
a. Dune sand, bank -run sand and manufactured
sand are not acceptable.
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2. Coarse Aggregate: ANSI/ASTM C33. Clean,
uncoated, processed aggregate containing no
^' clay, mud, loam or foreign matter as follows:
a. Crushed stone, processed from natural rock
r.,
or stone.
b. Washed gravel, either natural or crushed.
Use of pit or bank -run gravel is not
7
permitted
1
3. Maximum Aggregate Size: Not larger than one -fifth
of the narrowest dimension between sides of
forms, one-third of the depth of slabs, nor
`
three -fourths of the minimum clear spacing
between individual reinforcing bars or bundles
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of bars.
4. These limitations may be waived if, in the
judgement of the Owner, workability and methods
of consolidation are such that concrete can be
placed without honeycomb or voids.
2.4 Water: Clean, fresh, drinkable.
2.5 Air -Entraining Admixture: ANSI/ASTM C 260.
2.6 Water -Reducing Admixture: ANSI/ASTM C 490, Type A,
containing not more than l% chloride ions.
2.7 Set -Control Admixtures: ASTM C 494, as follows:
r Type B, Retarding.
Type C, Accelerating.
Type Q, Water -reducing and Retarding.
Type E, Water -reducing and Accelerating.
A. Calcium chloride will not be permitted in concrete,
unless otherwise authorized in writing by Owner.
r-
j 2.8 Related Materials:
A. Expansion Joints: One - half inch, 1/2", Bituminous
expansion joint. Joints of 12' or less shall be one
continuous piece installed as shown on detail.
B. Preformed Expansion Joint Fillers: Pre -molded fiber
fill expansion joint filler 1/2" wide and shall extend
the full depth of the concrete. The top of the filler
shall have a 1/8" radius; the top 1/2" of the joint
shall be filled with Urethane Sealant colored to match
the surrounding finish color.
7
C. Absorptive Cover:, Burlapclothmade from jute or
kenaf, weighing approximately 9 oz. pr. sq. yd.,
complying with AASHO M 182, Class 3.
D. Moisture -Retaining Cover: One of the following,
complying with ASTM C 171.
Waterproof paper
Polyethylene film
Polyethylene -coated burlap
E. Membrane -Forming Curing Compound: Federal Spec. TT-C-
800, Type I, unless other type acceptable to the
Owner.'
2.9 Proportioning and Design of Mixers:
A. Exterior concrete shall contain six (6) sacks (564
lbs.) of cement per cubic yard of concrete, 6 percent
plus or minus I percent of entrained air, coarse
aggregate 1" or smaller and shall be poured with a
slump of 5" plus or minus 1" unless noted otherwise.
2.10 Admixtures:
A. Use air -entraining admixture in exterior exposed
concrete, unless otherwise indicated. Add air -
entraining admixture at the manufacturer's prescribed
rate to result in concrete at the point of placement
having air content within the following limits:
1. Concrete structures and slabs exposed to freezing
and thawing or subjected to hydraulic pressure:
2. 6% for maximum 1" aggregate.
6% for maximum 3/4" aggregate.
B. Use admixtures for water -reducing and set -control in
strict compliance with the manufacturer's directions.
C. Use amounts of admixtures as'recommended by the
manufacturer for climactic conditions prevailing at
the time of placing. Adjust quantities and types of
admixtures as required to maintain quality control.
2.11 Slump Limits:
A. Proportion and design mixes to result in concrete slump
at the point of placement as follows:
1. Ramps and Sloping Surfaces: Not more than 3".
2. All Other Concrete: Not less than 1" and not
more than 4".
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2.12 Concrete Mixing:
A. Ready -Mix Concrete: Comply with the requirements of
ANSI/ASTM C 94, and as herein specified.
B. Delete the references for allowing additional water to
be added to the batch for material with insufficient
slump. Addition of water to the batch will not be
permitted.
C. During hot weather, or under conditions contributing to
rapid setting of concrete, a shorter mixing time than
specified in ANSI/ASTM C 94 may be required.
D. When the air temperature is between 85 degrees F. and
90 degrees F., reduce the mixing and delivery time
from 1-1/2 hours to 75 minutes, and when the air
temperature is above 90 degrees F., reduce the mixing
and delivery time to 60 minutes.
3. Execution
3.1 Forms:
A. General
1. Design, erect, support, brace and maintain form
work to support vertical and lateral loads that
might be applied until such loads can be
supported by the concrete structure. Construct
form work so concrete members and structure are
of correct size, shape, alignment, elevation and
position.
2. Design form work to be readily removable without
impact, shock or damage to cast -in -place
concrete surfaces and adjacent materials.
3. Forms shall not leak cement paste.
4. Fabricate forms for easy removal without
hammering or prying against the concrete
surfaces. Provide crush plates or wrecking
plates where stripping may damage cast concrete
surfaces. Provide top forms for inclined
surfaces where slope is too steep to place
concrete with bottom forms only. Kerf wood
inserts for forming key ways, reglets, recesses,
and the like, to prevent swelling and for easy
removal.
` 5. Provide temporary openings where interior area of
form work is inaccessible for clean -out, for
inspection before concrete placement, and for
placement of concrete. Securely brace temporary
openings and set tightly to form to prevent loss
of concrete mortar. Locate temporary openings
on forms at inconspicuous locations.
. 6. Chamfer exposed corners and edges as shown, using
wood, metal, PVC,or,rubber chamfer strips
fabricated to produce uniform smooth lines and
tight edge joints.
B. , Form Ties•,
1., Factory -fabricated, adjustable -length, removable
or snap off metal form ties, designed to prevent
form deflection, and to prevent spalling
concrete surfaces upon removal.
2. Unless otherwise shown, provide ties to portion
remaining within concrete after removal is at
least 1 1/2" inside concrete. Unless otherwise
shown, provide form ties which will not leave
holes larger than 1" diameter in concrete
surface.
C. Cleaning and Tightening:
1. Thoroughly clean forms and adjacent surfaces to
receive concrete. Remove chips, wood, sawdust,
dirt or other debris just before concrete is
placed.
2. Re -tighten -forms after concrete placement if
required to eliminate mortar leaks.
3.2 Placing Reinforcing:
A. Comply with the specified codes and standards, and
Concrete Reinforcing Steel Institute's recommended
practice for "Placing Reinforcing Bars", for details
and methods of reinforcement placement and supports,
and as herein specified.
B. Clean reinforcement of loose rust and mill scale,
earth, ice, and other materials which reduce or
destroy bond with concrete.
C. Accurately position, support and secure reinforcement
against displacement by Form work, construction, or
concrete placement operations. Locate and support
reinforcing by metal chairs, runners, bolsters,
spacers and hangers, as required.
D. Place reinforcement to obtain at least the minimum
coverages for concrete protection. Arrange, space and
securely tie bars and bar supports to hold
reinforcement in position during concrete placement
operations. Set wire ties so ends are directed into
concrete, not toward exposed concrete surfaces.
E. Do not place reinforcing bars more than 2" beyond the
last leg of continuous bar support. Do not use
supports as bases for runways for concrete conveying
equipment and similar construction loads.
F. Install welded wire fabric in as long lengths as
practicable. Lap adjoining pieces at least one full
mesh and lace splices with wire. Offset end laps in
adjacent widths to prevent continuous laps in either
direction.
3.3 Joints: General.
A. Construction Joints: Locate and install construction
joints so as not to impair the strength and appearance
of the structure, as acceptable to the Owner.
1. Provide key ways at least 1 1/2" deep in all
construction joints in walls, slabs and between
walls and footings; acceptable bulkheads
designed for this purpose may be used for slabs.
2. Place construction joints perpendicular to the
main reinforcement. Continue all reinforcement
across construction joints.
B. Control Joints in Slabs -on -Ground: Construct control
joints in slabs -on -ground to form panels or patterns
as shown or directed. Use screed type joints equal to
those manufactured by Superior Concrete Accessories,
Inc. Screed Key joints are of 24 gauge galvanized
steel with 1 1/8" dowel knockouts at 6" on centers.
Install with a minimum of five special 16 gauge by 1"
stakes per ten feet of length of material. If saw cut
control joints are used, they shall be made with a
power saw fitted with an abrasive or diamond blade.
Saw cuts must be one-fourth the slab thickness.
Sawing shall begin as soon as the concrete surface is
firm enough so that it will not be torn or damaged by
the blade. This will be within 4 to 12 hours after
the concrete hardens.
C. Isolation Joints in Slabs -on -Ground: Construct
isolation joints in slabs on ground at all points of
contact between slabs on ground and vertical surfaces,
such as column pedestals, foundation walls, grade
beams and elsewhere as indicated.
a
D. Expansion Joints: Provide Pre -molded joint filler or
other specified material for expansion joints abutting
concrete curbs, catch basins, manholes, inlets,
structures, walks and other fixed objects.
- 1. Expansion joints shall be at 20' o.c., unless
otherwise shown.
2. Extend joint fillers full -width and depth of
joint, and not less than 1/2" or more than 1"
below finished surface. Furnish joint filler in
one-piece lengths for the full width being
placed, wherever possible. Where more than one
length is required, lace or clip joint filler
section together. Form top edge of filler to
conform to top profile of concrete.
3. Protect the top edge of the joint filler during
concrete placement with a metal cap or other
temporary materials. Remove protection after
.both sides of joint are placed.
E. Edge Forms and Screed Strips for Slabs: Set edge forms
for bulkheads and intermediate screed strips for slabs
to obtain the required elevations and contours in the
finished slab surface. Provide and secure units
sufficiently strong to support the types of screeds
required. Align the concrete surface to the elevation
of the screed strips by the use of strike -off
templates or accepted compacting type screeds.
F. Preparation of Form Surfaces: Coat the contact
surfaces of forms with a form -coating compound before
reinforcement is placed. Provide commercial
formulation form -coating compounds that will not bond
with, stain noradversely affect concrete surfaces,
and will not impair subsequent treatment of concrete
surfaces requiring bond or adhesion, nor impede
wetting of surfaces to be cured with water or curing
compounds.
Thin form -coating compounds only with thinning agent of
type, and in amount, and under conditions of the form -
coating compound manufacturer's directions. Do not
allow excess form -coating material to accumulate in
the forms or to come into contact with concrete
surfaces against which fresh concrete will be placed.
Apply in compliance with manufacturer's instructions.
3.4 Concrete Placement:
A. General•
1. Comply with ACI 614, and as herein specified.
2. Deposit concrete continuously or in layers of
such thickness that no concrete will be placed
on concrete which has hardened sufficiently to
cause the formation of seams or planes of
weakness within the section. If a section
cannot be placed continuously, provide
construction joints as herein specified.
3. Deposit concrete as nearly as practicable to its
final location to avoid segregation due to
rehandling or flowing.
B. Pre -Placement Inspection:
r
1. Before placing concrete, inspect and complete the
Form work installation, reinforcing steel, and
items to be embedded or cast -in.
2. Thoroughly wet wood forms immediately before
placing concrete, as required where form
coatings are not used.
C. Placing_ Concrete in Forms:
1. Deposit concrete in forms in horizontal layers
not deeper than 18" and in a manner to avoid
inclined construction joints.
2. Consolidate placed concrete by mechanical
vibrating equipment supplemented by hand -
spading, rodding or tamping. Use vibrators
designed to operate with vibratory element
submerged in concrete, maintaining a speed of
not less than 6000 impulses per minute.
3. Do not use vibrators to transport concrete inside
of forms. Insert and withdraw vibrators
vertically at uniformly spaced locations not
farther than the visible effectiveness of the
machine. Do not insert vibrators into lower
layers of concrete that have begun to set. At
each insertion, limit the duration of vibration
to the time necessary to consolidate the
concrete and complete embedment of reinforcement
and other embedded items without causing
segregation of the mix.
F
I
D. Placing Concrete Slabs:
1. Deposit and consolidate concrete slabs in a
continuous operation, within the limits of
construction joints, until the placing of a
panel or section is completed.
2. 'Consolidate concrete during placing operations so
that concrete is thoroughly worked around
reinforcement"and other embedded items and into
corners.
3. Bring slab surfaces to the correct level with a
straightedge and strike off. Use bull floats or
Darbies to smooth the surface, leaving it free
of humps or hollows. Do not sprinkle water on
the plastic surface. Do not disturb the slab
surfaces prior to beginning finishing
operations.'
4. Maintain reinforcing in the proper position
during concrete placement operations.
E. Cold Weather Placing:
1. Protect concrete work from physical damage or
reduced strength which could be caused by frost,
freezing actions, or low temperatures, in
compliance with ACI 306 and as herein specified.
2. When air temperature has fallen to or is expected
to fall below 40 degrees F., uniformly heat all
water and aggregates before mixing as required
to obtain a concrete mixture temperature of not
less than 50 degrees F., and not more than 80
degrees F., at point of placement.
3. Do not use frozen materials or materials
containing ice or snow. Do not place concrete
on frozen sub -grade or on sub -grade containing
frozen materials.
4. Do not use calcium chloride, salt and other
materials containing antifreeze agents or
chemical accelerators, unless otherwise accepted
in mix designs.
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3.5 Finish of Formed Surfaces:
A. Finishing_ Procedures:
1. After striking -off and consolidating concrete,
smooth the surface by screeding and floating.
Do not use "Jitterbugs". Use hand methods only
where mechanical floating is not possible.
Adjust the floating to compact the surface and
produce a uniform mixture.
2. After floating, test surface for trueness with a
10" straightedge. Distribute concrete as
required to remove surface irregularities, and
refloat repaired areas to provide a continuous,
smoother finish.
3. Work edges of slabs, gutters, back top edge of
curb, and formed joints with an edging tool, and
round to 1/2" radius, unless otherwise shown.
Eliminate any tool marks on concrete surface.
4. After completions of floating and when excess
moisture or surface sheen has disappeared
complete surface finishing as follows:
B. -Broom Finish:
1. Broom finish, by lightly drawing a fine broom
across concrete surface. Repeat operation if
r required to provide a fine line texture
acceptable to the Owner.
2. On inclining slab surfaces, provide a coarse,
non -slip finish by scoring surface with a stiff -
bristled broom.
3.6 Concrete Curing and Protection:
A. General: Contractor shall be responsible for the
protection of uncured concrete. Contractor shall
allow no stray markings or footprints to be placed in
the uncured concrete. Protect freshly placed concrete
from premature drying and excessive cold or hot
temperature, and maintain without drying at a
relatively constant temperature for a period of time
necessary for hydration of cement and proper
hardening.
1. Start initial curing application as soon as free
water has disappeared from concrete surface
after placing and finishing. Weather
permitting, keep continuously moist for not less
than 72 hours.
I
2. Begin final curing procedures immediately
following initial curing and before concrete has
dried. Continue final curing for at least 168
cumulative hours (not necessarily consecutive)
during which concrete has been exposed to air
temperatures above 50 degrees F. Avoid rapid
drying at end of final curing period.
B. Curing Methods: Perform curing of concrete by moist
curing or by moisture retaining cover curing or by
membrane -forming curing compound and by combinations
thereof, as herein specified.
1. Provide moisture curing by following methods:
2. Keep concrete surface continuously wet by
covering with water. Continuous water -fog
spray.
3. Covering concrete surface with specified
absorptive cover, thoroughly saturating cover
with water and keeping continuously wet. Place
absorptive cover to provide coverage of concrete
surfaces and edges, with 4" lap over adjacent
absorptive covers
4. Provide moisture -cover curing as follows:
Covering concrete surfaces with moisture -
retaining cover for curing concrete, placed in
widest practicable width with sides and ends
lapped at least 3" and sealed by waterproof tape
or adhesive. -Immediately repair any holes or
tears during curing period using cover materials
and waterproof tape.
5. Provide curing compound for slabs as follows:
Apply specified curing and sealing compound to
concrete slabs as soon as final finishing
operations are complete (within 24 hours).
6. Apply uniformly in continuous operation by power -
spray or roller in accordance with
manufacturer's directions. Re -coat areas
subjected to heavy rainfall within 3 hours after
initial application. Maintain continuity of
coating and repairing damage during curing
period.
7. Do not apply membrane curing compounds on
surfaces which are to be covered with coating
material applied directly to concrete, liquid
floor hardener, waterproofing, damp proofing,
membrane roofing, floor, painting, and other
r
w
coatings and finish materials, unless otherwise
acceptable to Owner.
C. Curing Formed Surfaces: Cure formed concrete surfaces,
including undersides of beams supported slabs and
other similar surfaces by moist curing with forms in
place for full curing period or until forms are
removed. If forms are removed, continue curing by
methods specified above, as applicable.
D. Curing Unformed Surfaces: Initially cure unformed
surfaces, such as slabs, floor topping, and other flat
surfaces by moist curing.
1. Final cure unformed surfaces, unless otherwise
specified, by methods specified above, as
r applicable.
2. Final cure concrete surfaces to receive liquid
r.. floor hardener or finish flooring by use of
moisture -retaining cover, unless otherwise
directed.
3.7 Miscellaneous Concrete Items:
A. Filling -In: Fill-in holes and openings left in
concrete structures for passage of work by other
trades, unless otherwise shown or directed, after work
of other trades is in place. Mix, place and cure
concrete as herein specified, to blend with in -place
construction. Provide other miscellaneous concrete
filling shown or required to complete work.
r' B. Sleeves: Provide sleeves where need for poles within
concrete pad for underground service elements.
Sleeves shall be 4" PVC Schedule 40 pipe and have 4"
of cover minimum. These sleeves shall be made aware
to owner upon completion.
3.8 Concrete Surface Repairs:
l
A. Patching Defective Areas: Repair and patch defective
areas with cement mortar immediately after removal of
forms, but only when acceptable to Owner.
B. Cut out honeycomb, rock pockets, voids over 1/4" in any
dimension, and holes left by tie rods and bolts, down
to solid concrete but, in no case to a depth of less
than V . Make edges of cuts perpendicular to the
concrete surface. Before placing cement mortar or
proprietary patching compound, thoroughly clean,
dampen with water and brush -coat the area to be
patched with neat cement grout, or proprietary bonding
'1
agent.
71
C. For exposed -to -view surfaces, blend white portland
cement and standard portland cement so that, when dry,
patching mortar will match color surrounding. Provide
test areas at inconspicuous location to verify mixture
and color match before proceeding with patching.
Compact mortar in place and strike -off slightly higher
than surrounding surface.
D. Repair of Formed Surfaces; Remove and replace concrete
having defective surfaces if defects cannot be
repaired to satisfaction of Owner. Surface defects,
as such, include color and texture irregularities,
cracks, spalls, air bubbles, honeycomb, rock pockets,
fins and other projections on surface, and stains and
other discolorations that cannot be removed by
cleaning. Flush out form ties holes, fill with dry
pack mortar, or precast cement cone plugs secured in
place with bonding agent.
E. Repair finished unformed surfaces that contain defects
with adversely affect durability of concrete. Surface
defects, as such, include crazing, cracks in excess of
0.01" wide or which penetrate to reinforcement or
completely through non -reinforced sectionsregardless
of width, spalling, pop -outs, honeycomb, rock pockets,
and other objectionable conditions.
F. Correct high areas in unformed surfaces by grinding,
after concrete has cured at least'14 days.
G. Correct low areas in unformed surfaces during, or
immediately after completions of surface finishing
operations by cutting out low areas and replacing with
fresh concrete. Finish repaired areas to blend into
adjacent concrete. Proprietary patching compounds may
be used when acceptable to Owners.
H. Repair defective areas, except random cracks and single
holes not exceeding 1" diameter, by cutting out and
replacing with fresh concrete. Remove defective areas
to sound concrete with clean, square cuts and expose
reinforcing steel with at least 3/4" clearance all
around. Dampen concrete surfaces in contact with
patching concrete, and brush with a neat cement grout
coating or concrete bonding agent. Mix patching
concrete of same materials to provide concrete of the
same type or class as original concrete. Place,
compact and finish to blend with adjacent finished
concrete. Cure in the same manner as adjacent
concrete.
I. Repair isolated random cracks and single holes not over
1" in diameter by dry -pack method. Groove top of
r- cracks and cut-out holes to sound concrete and clean
of dust, dirt and loose particles. Dampen cleaned
" concrete surfaces and brush with neat cement grout
coating or concrete bonding agent. Mix dry -pack,
consisting of one part portland cement to 2-1/2 parts
fine aggregate passing a No. 16 mesh sieve, using only
enough water•as required for handling and placing.
Compact dry -pack mixture in place and finish to match
f
adjacent concrete. Keep patched area continuously
moist for not less than 72 hours.
1. Use epoxy -based mortar for structural repairs,
where directed by Owner.
2. Repair methods not specified above may be used,
subject to acceptance of Owner.
r- 3.9 Quality Control Testing During Construction:
A. Sampling and testing for quality control during the
r, placement of concrete may include the following, as
directed by the Owner:
Sampling Fresh Concrete: ASTM C 172, except modified
�^ for slump to comply with ASTM C 94.
Slump: ASTM C 143; one test for concrete load at point
of discharge; and one test for each set of compressive
strength test specimens.
Air Content: ASTM C 173, volumetric method for
lightweight concrete; ASTM C 231 pressure for normal
weight concrete; one for each set of compressive
strength test specimens.
Concrete Temperature: Test hourly when air temperature
is 40 degrees F. and below, and when 80 degrees F. and
above; and each time a set of compression test
specimens is made.
Compression Test Specimen: ASTM C 31; one set of 6
standard cylinders for each compressive strength test,
unless otherwise directed. Mold and store cylinders
for laboratory cured test specimens except when field -
cure test specimens are required.
F
7
Compressive Strength Tests: ASTM C 39; one set for
each 100 cu. yds. or fraction thereof, of each
concrete class placed in any one day or for each 5,000
sq. ft. of surface area placed; 2 specimens tested at
7 days, 3 specimens tested at 28 days, and one
specimen retained in reserve for later testing if
required.
1. When the frequency of testing will provide less
than 5 strength tests for a given class of
concrete, conduct testing from at least 5
randomly selected batches or from each batch if
fewer than 5 are used.
2. When the total quantity of a given class of
concrete is less than 50 cu. yds., the strength
test may be waived by'the Owner if, in his
Judgement, adequate evidence of satisfactory
strength is provided.
3. When the strength of field -cured cylinders is
less than 85% of companion laboratory -cured
cylinders, evaluate current operations and
provide correctiveprocedures for protecting and
curing the in -place concrete.
Test results will be reported in writing to the Owner
and the Contractor on the same day that tests are
made. Reports of compressive strength tests shall
contain the project identification name and number,
date of concrete placement, name of concrete testing
service, concrete type and class, location of concrete
batch in the structure, design compressive strength at
28 days, concrete mix proportions and materials;
compressive breaking strength and type of break for
both 7-day tests and 28-day tests.
B. Additional Tests: The testing service will make
additional' tests of in -place concrete when test
results indicate the specified concrete strengths and
other characteristics have not been attained in the
structure, as directed by the Owner. The testing
service may conduct tests to determine adequacy of
concrete by cored cylinders complying with ASTM C 42,
or by other methods as directed. Contractor shall pay
for such tests conducted, and any other additional
testing as may be required, when unacceptable concrete
is verified.
End of Section
SPECIAL CONDITIONS
1
is
NOTICE OF ACCEPTANCE
I 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.
i The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract
documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such
r" contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock.
a
CITY OF LUBBOCK
Owner's Representative
�r
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