HomeMy WebLinkAboutResolution - 5776 - Contract - Atlantic-Meeco Inc.- Boat Deck And Fishing Pier At LAH - 02_26_1998I
RESOLUTION NO. 5776
Item #20
February 26, 1998
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 Atlantic-Meeco, Inc., of
McAlester, Oklahoma, to install and furnish all materials and services as bid for the
Furnish and Install Pre -Fabricated Modular Boat Deck & Fishing Pier at Lake Alan
Henry, 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 26th day of February , 1998.
WINDY SI , MAYOR
ATTEST:
Kaythiyarnell, City Secretary
APPROVED AS TO CONTENT:
V� ?4QIX�
Victor Kilmah, Purchasing Manager
APPROVED AS TO FORM:
Dhlnald G. Vandiver, First Assistant
City Attorney
d a/ccdocs/atlantic. res
February 18, 1998
RECEIVED MAP 0 5 'Q.qg
CITY OF LUBBOCK
SPECIFICATIONS FOR
FURNISH & INSTALL PRE -FABRICATED MODULAR
BOAT DECK & FISHING PIER
AT LAKE ALAN HENRY
BID 098013
CITY OF.LTUBBOCK
Lubbock, Texas
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ITB #98013, Addendum #3
MAILED TO VENDOR:
CLOSE DATE:
ADDENDUM #3
ITB #98013
Furnish & Install Pre -Fabricated
Modular Boat Deck & Fishing Pier at
Lake Alan Henry
February 5, 1998
February 121998, @ 2:00 p.m.
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
1. Please find the enclosed plans titled "Brazos River Authority, Lake Alan Henry, City of Lubbock,
Construction Plans for Public Use Area Boat Ramp, November 1992."
All requests for additional information or clarification must be submitted in writing and directed to:
Laura Ritchie, Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to: (806) 775-2164
Or Email to: LRitchie@maii.ci.lubbock.tx.us
THANK YOU,
xd_wt. GL &-auz"
Laura Ritchie
Buyer
PLEASE. RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID
98013ad3.doc
ITB #98013, Addendum #2
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MAILED TO VENDOR:
CLOSE DATE:
ADDENDUM #2
ITB #98013
Furnish & Install Pre -Fabricated
Modular Boat Deck & Fishing Pier at
Lake Alan Henry
February 6, 1998
February 12 1998 ac 2:00 p.m.
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
1. In Section 1.10 replace the fifth bullet " w Installation list of 200... "with the following:
Manufacturer shall submit an installation list of 200 flotation docking systems (or similar). The
Contractor shall have at least 5 years experience with structural (or structural related) construction.
2. In Section 1.10 delete the sixth bullet in its entirety.
3. There is no additional engineering required by the Contractor.
4. The following should be added to the end of the specification section.
A. Addendum for Environmental Protection
Conditions Under Which A Structure May Be Built On Or In Lake Alan Henry:
1. The Contractor shall be responsible to observe and comply with all Federal, State, and local
{� permits, ordinances, laws and regulations existing as of the Commencement Date of the boat
dock construction and installation contract, and thereafter until the final inspection of the finished
product and/or service.
2. If more than ten (10) cubic yards of non -toxic dredged or fill material (native soil, concrete, sand,
gravel or rock) are to be discharged or dredged below elevation 2220 feet in the construction of
the docking structures, Contractor must obtain a Department of the Army permit for such facility.
Contractor may need to contact the Department of the Army if the dock anchoring system will
require the installation of a concrete slab or slabs in or next to the lake water. For more
information, contact the U.S. Army Corps of Engineers, Fort Worth District, Attention: SWFOD-
0, P.O. Box 17300, Fort Worth, Texas, 76102-0300, telephone number (817) 978-4622.
3. Light reflectors must be installed on both sides of the facility at no less than 20-foot intervals.
Any portion of the proposed facility which is approved to extend further than 100 feet into the
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ITB #98013, Addendum #2
lake must be illuminated during all hours of darkness in such a manner as to make facilities
visible to people in boats on the lake without the lights themselves impairing the vision of such
people.
4. The Contractor agrees to keep all work areas clear of all trash, debris, scrap and material, and
upon completion of the project shall clean the work area to the satisfaction of the City of Lubbock
Representative. The Contractor further specifically agrees that throughout the duration of the
proiect any debris, trash, scrap or material floating or submerged in the lake shall be cleaned up
immediately and disposed of properly. All waste material shall be disposed of at an authorized
treatment facility upon approval of the City of Lubbock.
5. In the event of any spill, release or accidental discharge, of any kind or type, of any pollutant,
contaminant and/or substance which could have an adverse affect on the water quality of Lake
Alan Henry, including, without limitation, hazardous substances, as defined in 42 U.S.C. § 9601
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(14), materials containing hazardous substances, and petroleum or petroleum derivatives, the
Contractor shall, at his own expense, immediately report to the agencies listed below, the City
and any other parties required to be notified by applicable law, statute or regulation, and to clean
up and remediate any spill, release or discharge event. Any such spill, release or discharge shall
be cleaned up and remediated by the Contractor in compliance with the Spill Response section
of the Texas Water Code and in accordance with any and all other applicable laws, statutes and
regulations. Notwithstanding anything to the contrary herein, remediation and clean up shall be
at least to background levels. The collected waste material shall be disposed of in accordance
with all applicable laws, statutes and regulations.
Reporting shall be submitted to the following:
1. Texas Natural Resource Conservation Commission (TNRCC)
4630 50th Street
Lubbock,Texas 79414
TNRCC Spill Response Phone Number Lubbock Office
M-F, 8am-5pm (806) 796-7092
Local Spill Response Pager (800) 527-2431, PIN# 1058
TNRCC Spill Response Phone Numbers, Austin Headquarters
24 hour emergency response 800-695-2337, extension # 20770
or800-832-8224
2. City of Lubbock, Water Utilities Director
P.O. Box 2000
Lubbock,Texas 79457
M-F, Sam-5pm (806) 775-2585
24 hour emergency response (806) 775-2589
B. Reflectors & Security Lighting
1. Reflectors shall be placed every 20 feet along the perimeter of the boat dock, fishing pier,
walkways, and at the ends of the boat slips.
2. Security lighting shall be placed to light the boat dock, fishing pier, and all walk ways. Lighting
intensity shall follow all State of Texas & OSHA guidelines concerning lighting and lighting
intensity for a public use facility or those related to State of Texas & OSHA guidelines for boat
docks & fishing piers. Security lighting can be solar powered such as that manufactured by
Carmanah Research Ltd., Victoria, B.C. Canada (250) 380-0052, or approved equal. The City
98013ad2.doc
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ITB #98013, Addendum #2
will supply power if Contractor opts to use an electrical system. The Contractor can choose either
the solar power option or the electrical power system. If electrical power system is chosen by the
Contractor, Contractor shall be responsible for tying the system into the City's power supply. The
City's power supply is located near the Southeast comer of the existing parking lot. A 240-single
` phase system is available for lighting the boat dock, fishing pier, and walkways. Electrical
installation by Contractor shall include U.S.E. cable installed in schedule 40 PVC conduits.
4 Installation shall follow the National Electric Code. Contractor shall be responsible for lying an
4 underground line to the boat dock area. The line shall have the flexibility to be easily moved
r when the boat dock, fishing pier, etc. rises to design elevation.
All requests for additional information or clarification must be submitted in writing and directed to:
Questions may be faxed to:
Or Email to:
Laura Ritchie, Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2164
LRitchie@mail.ci.lubbock.tx.us
THANK YOU,
Laura Ritchie
Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID
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s 98013ad2.doc
ITB #98013, Addendum #1
MAILED TO VENDOR:
OLD CLOSE DATE:
NEW CLOSE DATE:
ADDENDUM 0
ITB #98013
Furnish & Install Pre -Fabricated
Modular Boat Deck & Fishing Pier at
Lake Alan Henry
January 30, 1998
February 5, 1998 @ 4:00 p.m.
February 12, 1998 @ 2:00 p.m.
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
1. The Close Date has changed
From: February 5, 1998 @ 4:00 p.m.
To: February 12, 1998 @ 2:00 p.m.
All requests for additional information or clarification must be submitted in writing and directed to:
Laura Ritchie, Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to: (806) 775-2164
Or Email to: LRitchie@mail.ci.lubbock.tx.us
THANK YOU,
Laura Ritchie
Buyer
PLEASE'RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID
98013ad 1.doc
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CITY OF LUBBOCK
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INVITATION TO BID
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FOR
TITLE: FURNISH & INSTALL PRE -FABRICATED MODULAR BOAT DECK & FISHING PIER
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AT LAKE ALAN HENRY
ADDRESS: LUBBOCK, TEXAS
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BID NUMBER: 98013
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PROJECT NUMBER: 9492.9285.30000
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITIONS
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID #98013
Sealed bids addressed to Victor Kilman,• Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 4:00
o'clock p.m. on the 5th dayof February, 1998, 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:
"FURNISH & INSTALL PRE -FABRICATED MODULAR BOAT DECK & FISHING PIER AT LAKE ALAN HENRY"
!' After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Purchasing Manager and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for
the City of Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 26th day of FebrL ary, 1998 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 in accordance
with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract
price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter
2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
4 $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or sur)enior, as the
rating of the bond company is a factor that will be considered in determination of the owest resoonsib a bl idder.
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@ 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 bid 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
r•• 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. There will be a pre -bid conference on 29th
day of January, at 9:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas
�.,. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included
in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is
specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a,
Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the
contractor of the prevailing rates of wages as heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
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consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. Cityof Lubbock pre -bid meetings and
bid openings are available to all persons regardless of disability. If you would like bid inormation made available in a more
accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 767-
2281 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
qAA
VICTOR KIL AN
PURCHASING MANAGER
Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806)775-2167/Fax (806)775-2164.
FGENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
r1. 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 FURNISH & INSTALL PRE -FABRICATED
MODULAR BOAT DECK & FISHING PIER AT LAKE ALAN HENRY.
2. CONTRACT DOCUMENTS
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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
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said contract documents.
3. PLANS FOR USE BY BIDDERS
it 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
r•, to Bidders.
4. BIDDER INQUIRIES
r" No bidder shall request any information verbally. All written requests for additional information or clarification
concerning this bid must be addressed to:
LAURA RITCHIE
BUYER
CITY OF LUBBOCK
r., P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806) 775-2164
t• 5. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 90 (NINETY) consecutive
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
C' 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.
6. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
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 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 certificate of insurance specifying each and all
coverage's shall be submitted prior to contract execution,
The Insurance certificates furnished shall name the City as an additional Insured, or In the alternative,
shall be accompanied by a statement from the Contractor to the effect that no work on this particular
project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof
of coverage insurance documents including workers compensation coverage for each subcontractor.
18. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included
in these contract documents. The wage rate which must be paid on this project shall not be less than specified in
the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further
directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the
wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of
general prevailing rate of per diem wages in these contract documents does not release the Contractor from
compliance with any wage law that may be applicable. Construction work under this contract requiring an
inspector will not be performed on weekends or holidays unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service
to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort
to complete the contract within the allotted time. _
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must
notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires
to do work and obtain written permission from the Owner's Representative to do such work. The final decision on
whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's
Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this
contract which Is hazardous or dangerous to property or life, the Contractor shall immediately commence work,
regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer
dangerous to property or life.
19. 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, swom, 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:
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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,
r� workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the
rt schedule of general prevailing rate of per diem wages included in these contract documents.
20. PROVISIONS CONCERNING ESCALATION CLAUSES
Bids 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
r" bidder without being considered.
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2.1. PREPARATION FOR BID
The bidder shall submit his bid 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 intends 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 bid is submitted by an individual, his name must be signed by him or his duly
authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each
member must be given and the bid signed by a member of the firm, association or partnership, or person duly
authorized. If the bid is submitted by a company or corporation, the company or corporate name and business
address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid
shall be executed in ink.
Each bid 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) Bid for (description of the project).
Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no
bid may be withdrawn or altered thereafter.
22. 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 Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
Q) 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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23. QUALIFICATIONS OF BIDDERS
The bidder maybe required before the award of any contract to show to the complete satisfaction of the City of —
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein
in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy
the City of Lubbock in regard to the bidders qualifications. The City of Lubbock may make reasonable
investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the
bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of
Lubbock reserves the right to reject any bid if the evidence submitted by, or Investigation of, the bidder fails to
satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to -'
complete the work described therein. Evaluation of the bidders qualifications shall include:
1. The ability, capacity, skill, and financial resources to perform the work or provide the service required.
2. The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
4. The quality of performance of previous contracts or services.
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BID SUBMITTAL
LUMP SUM BID CONTRACT
'LACE:
DATE: February 10, 1998
-ROJECT NUMBER: #98013 - FURNISH & INSTALL PRE -FABRICATED MODULAR BOAT DECK & FISHING PIER
AT LAKE ALAN HENRY
F'd of Atlantic-Meeco Inc. (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
7entlemen:
e Bidder, in compliance with your invitation for bids for the construction of a Pre -fabricated modular floating
dock system
t ving carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of
t intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and
sa�3plies; and to construct the project in accordance with the plans, specifications and contract documents, within the time
set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required
under the contract documents.
B.-) ITEM: Furnish and install complete in -place on -site pre -fabricated boat dock, fishing pier, and all appurtenances,
as specified herein.
V TERIALS: Two Hundred Fifty -Five Thousand Six Hundred Forty -Six($ d NoI1 0 Dollars ,
No/100 Dollars
3 VICES: Twenty -Seven Thousand Two Hundred Thirty -Three and ($ 27,233.00 )
Sevent -Nine and No/100 Dollars
F AL BID: Two Hundred Eigthy-Two Thousand Eight Hundred Y$ 282,879.00 )
Tiount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
Ur"ce to Proceed" of the Owner and to fully complete the project within 90 (NINETY) consecutive calendar days
n !after as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner
s iquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of
:e, me set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the
)r 'act documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
3 ction number 21 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
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The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable
without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of
the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within
(ten) 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars ($ ) or a Bid Bond in the sum of 5% of bid amount Dollars ($ ),
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid 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 bid; otherwise, said check
or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with toe Notice to Bidders.
Authorized Si ature
Christophe C. Clark, Presid t
(Printed or Typed Name)
Atlantic-Meeco Inc.
Company
1501 East Gene Stipe Blvd.
Address
McAlester Pittsburg
City, County
OK 74501
State Zip Code
Telephone: 800 _ 627-4621 or 918-423-6833
Fax: 918- 4ZJ-3215
(Seal if Bidder is a Corporation)
ATTEST:
�ecretary 1
Bidder acknowledges receipt of the following addenda:
Addenda No. 1
Date 1 30/98
Addenda No. 2
Date 2 5/98
Addenda No. 3
Date 2/5/98
Addenda No.
Date
Addenda No.
Date
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
It does not appear that we will require subcontractors
for this project.
u
PAYMENT BOND
BOND CHECK
BEST RATING
LICENSf D IP TEXAS
DATE 3BY �6
i
- EEGOV ED MAR
f Bond No. CB22684
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(s)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY THESE PRESENTS, that Atlantic—Meeco, Inc.
Principals) and
National American Insurance Company
(hereinafter called the Principal(s), as
(hereinafter called the Su (sj, S�rety�s �r Feld 6l� boundunto the City of Lubbock (hereinafter called the
Obligee), In the amount of ° r nfy°Niiieu& qeo ($282 , 879. 04tbwful money of the
United States for the payment whereof, the said Princlpal 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 certaln written contract with the Obligee, dated the day of
,19 ,to Boat Dock & Fishing Pier at Lake Alan Henry
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 ad
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 Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
Article to the some extent as if it were copied at length herein.
IN WITNESS WHEREOF, the sald Principal (s) and Surety (s) have signed and sealed this instrument this
12th day of March 1998 .
National American Insurance Company
Surety
(Title) C inL L . Smith
Attorney —in —Fact
At antic—Meeco, Inc.
PH cipal
Y�
Title) C istop er L ar
President
By:
(Title)
By:
(Title)
r
i
The undersigned surety company represents that It is duly qualified to do business in Texas, and hereby
designatesLanny W. Land 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.
National American Insurance Compa
Surety
n ,1
By: -
i e)Lan W. Land
Approved as to form:
City;4Atrtoey
bbockBy:m
Note: If signed by an officer of the Surety Company there must be on file a certlfled 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.
7
r
PERFORMANCE BOND
BOND CHECK
BEST RATING
LICENS DI TEXAS
DATE 3 BY jL
RECEIVED MAR 17 1998
Bond No. CB22684
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
Atlantic-Meeco, Inc.
(KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
National American Insurance Company
(hereinafter called the Su (s) u drretylIs isMeld and firmly oaun nto the City of Lubbock (hereinafter called the
Obligee), in the amount of re d W4ZB2. Z : Oardwful money of the
United States for the paymenf 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 d2y of
.1g_,to Boat Dock & Fishing Pier at Lake =an Henry
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 exten: 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.
PROVIDED, HOWEVER, that this bond Is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, 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 12th
day of March ,18 98
National American Ins nce Company
Sure
• B ,l/
(Title)
Cindi L. Smith
Attorney -in -Fact
Atlan c-Meer , Inc.
Principal
By: `
(Title) ris opher C. C a
President
By:
(Title)
By:
(Title)
I
The undersigned surety company represents that it is duly qualified to do business In Texas. and hereby
designatesLannv W. Landon 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.
National American Insurance
surety
tlej Van4 W- Land
Approved as to Form
City off Lubbock
BY:
'City Attorney
• Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attomey for our files.
Compaq
F!
7NATIONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY
OMAHA, NEBRASKA
PRINCIPAL Atlantic Meeco, Inci EFFECTIVE DATE 3/12/98
1501 E Gene Stipe Blvd., McAlester, OK 74834
ISTREET ADDRESS) (CITY) (STATE) (ZIP CODEt
CONTRACT AMOUNT Two Hundred Eighty Two Thousand Eight Ii OF BOND $ 282, 879.00
Seventy Nine & 00 100
POWER NO. C1322684
` KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the
laws of the State of Nebraska, having its principal office in the city of Chandler. Oklahoma, pursuant to the following resolution, adopted by
the Board of Directors of the said Company on the 8th day of July, 1987, to wit:
"Resolved, that airy officer 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.
Be It Further Resolved, that the signature of any officer F nd the Seal of the Company may be affixed to any such Power of Attorney or
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such 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 or undertaking to which it is attached." National American
Insurance Company dots hereby make, constitute and appoint THOMAS BAKER, CINDI L. SMITH. OR C. GENE QUARLES
State of OKLAHOMA
Fits 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, and its act and deed, as follows:
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
�- And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by
ti •the duly authorized officer of the Natianal American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the
Company and Its Corporate Seal to be hereto affixed.
L. P`r
,1614 IN$`�'
'g(Y OO91 ON4, tiC
F
� n
SEAL
OMAMA
N'f lq ASK �'
STATE OF OKLAHOMA) SS:
c . COUNTY OF LINCOLN )
NATIONAL AMERICAN INSURANCE COMPANY
rr /4;;, I
W. Brent L/Gere, Chairman k Chief Executive Officer
On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose
and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National
American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said cor-
poration; that the seal affixed to the said instrument 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.
PAIZ
�✓—/^ ^� ��
�NDA
O� O T A 9 �9
PUBLIC
Notary Public
" `F
atATE ur O
My Commission Expires August 31, 1999
!� O4[AHO� �a
4�OLN COON
STATE OF OKLAHOMA) SS:
COUNTY OF LINCOLN )
1, the undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska Corporation, DO HEREBY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force.
Signed and Sealed at the City of Chandler. Dated the 12th day of March , 19 98
SF
♦� r
Winifred E. Mendenhall. Assislant Secretary
G SFAL o
r
ray t
OWAMA
.. NE.gASKA
CERTIFICATE OF INSURANCE
Atlantic Meeco Inc. (Christi) 916`423-321 E %Mar.19,1998 S10:19AM D 212
F
OM
K)R-196-1998 09-*44 0-IFFULES AGENICY 918 665 2119 P. eZ/M
�The Quarles Group
6810 S. Ske2ly Drive see. 300
F0 Box 35487
I aft 103
TNS CERTNWATI IS MUM " A UATMR OF 100KOU"r4M
MY ANO COMWO NO RXIM L001 TM CORT1FIGTE
Imaxim. w! �COITMX oms NT ANNO06 P11 Im an
To 19 &Tam wy 33 FGLWJ NM.
1
Tulsa, OK 74153
(919) 66S-12S2
couftuy
hAmrican Rmloyers Insurance
w1htm
VobttVloyere Fire Insurance Comp!m
X
Atlantic meeco" Inc
1501 X Gene Stipe Blvd
McAlester, OK 74601
OOMPAW
CCommrclal Union Ins. Ce
CCWAWf
04ecuriU insurance Co. of Hartford
TM 0 W QVMff TENT TM POW CF MUMM LlETED DeWN KAVE SM VW TO TM MUM WAN A1104 MATA POLIM
PON ATM NOMMMMM ANY PMWOW. WU CM CCNWMN CP ANY OPUPA(ri ON CIM COMM W117H ILL PM1 TO VMM roft
CW"M'M MY W N&M aR LAY MrOk THE 61SURANN ^"== BY THE POUM CP " mwr IMPON 4 OUSAEcrr 10 ALL T&M WM
AND CFi1JOHPouO1YO.UMMINOWMVAY eeEW F2MJMffYPADe~,
Lm T"mi OF "ISJOUN09 POLMS"mm DIR�cp Umm
A
UWL"
AP-R392736 02/15100
02/1.57 P
Petar-otsaww4m
*2. Q20,000
P@==TSMWA"W=S
Lj_ 000, 000
JA
x
111 MAL400MAM
d,000,,000
000, 002
8 C,
—$1.
PnmtpAMmmVaVww-"V
100,000
5,000
D 1
LX
0& - Uummm
AWAUTO
02/15/98
02125/99
A" OWNED AWTOO
MM-OWN913ALM=
OAMAU
Luc U"luff
A=CPLT4AA*0=XY
MMRJ�" AUTO OVLV-
ON AUTO
9AC'WA*OC4W
C
CRDZ66463
02/15/93
027-5/99
KgR"OL"Pawn
D001
ig
YMNtAlbr�AASWWWATI
i ormmTp
WomemOOMFOMATMAm
f11VUDYVwL"P."
BjILtG
"a "UwAwmw
D
GTHO
MXM88863
02/15/98
02t15799
1, 000, 000
Builder's Risk
mach Occu=-*=6
ONOWW"M OP
Projects Scat Dock and Fishing Fier at Lake Alan Henry
City of Lubbock is Additional insured As Respects to project described
Waiver of Subrogation in favor cf The City of Lubbock
1114
MMULOMYOF rds MOVE Mem"D POUCmungtANOILM NPCMWG
city of Lubbock
1625 12th St
Municipal Building, Room L-40
Lubbock, TX 79401
It mff =2 M go emx=
TUTAL F1.02
...... ... ..... ......_....... .. ..... _...__ ....... ......... .... ......... .................. _...... .............. ... _.... ....... .......... ........ _ __ .
I 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.
►s LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM OD/YY) ATE (MM/DDT/YY) LIMITS
A GENERAL LIABILITY ARR392738 02/15/98 02/15/99 GENERAL AGGREGATE IS2 00O 000
' X OMMERCIAL GENERAL LIABILITYPRODUCTS-COMP/OP AGO $l 0 0 O 000
CLAIMS MADE � OCCUR PERSONAL 3 ADV INJURY 1$1 , 0 0 0 , 000
OWNER'S R CONTRACTOR'S PRO EACH OCCURRENCE I Sl O 0 O 000
FIRE DAMAGE Any one tke $ 5 O 000
( ) i
i ME D EXP Anyone person) $ 5 000
B AuToMOBILELIABILITY FRAD05209 1 02/15/98 02/15/99
COMBINED SINGLE LIMIT $1 , 0 0 0, 0 0 0
I ANYAUTO
ALL OWNED AUTOS
� SCHEDULED AUTOS
I
BODILY INJURY
(Per person)
(P
P f
BODILY INJURY
(Per accident) S
rX ! HIRED AUTOS
X t NON -OWNED AUTOS
PROPERTY DAMAGE f
r
I
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT S
OTHER THAN AUTO ONLY: ''>z
I ANY AUTO
EACH ACCIDENT S
I
AGGREGATE IS
C EXCESS LIABILITY CRDZ66463
02/15/98
' 02/15/99
EACH OCCURRENCE $
IX UMBRELLAFORM
AGGREGATE
�{'S
IS
�u OTHER THAN UMBRELLA FORM (
WORKERS COMPENSATION AND
STATUTORY LIMITS
I EMPLOYERS'LIABILTTY
THE PROPRIETOR/ INCL
I PARTNERS/EXECUTIVE
EACNACCIDENT i
DISEASE -POLICY LIMIT I3
l OFFICERSARE: EXCL
I
DISEASE-EACHEMPLOYEE!i
1 111 114'
ID OTHER I CCIMA88863 ' 02/15/98 02/15/99 $1, 000, 000
BUILDER'S RISK i EACH OCCURRENCE
IDESCRIPTION OF OPERATIONS/LOCATIONSMEHICLES/SPECIAL ITEMS
Project: Boat Dock and Fishing Pier at Lake Alan Henry
6
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABI LTTY
rAtlantic Meeco Inc. (Christi)
l
IM918-423-3215 M Jan. 30, 1998 011:37AM 36/6
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance Agent/Broker
Prior to Award of Contract
I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have
been reviewed by me with the below identified Contractor. if the below identified Contractor is awarded this
contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by
contractor, furnish a valid Insurance certificate to the City meeting all of the requirements defined in this
bid/proposal.
gent (Signature)
Tom Bauer
Agent (Print)
Name of Agent/Broker. The Quarles Group
5810 East Skelly Drive, Ste. 300
Address of ABent/Broker. P. 0. Box 35487
City0ate0p: Tulsa, Oklahoma 74153
F; Agent/Broker Telephone Number. ( 918 ) 665-1252
Date: 2-9-98
r CONTRACTOR'S NAME: Atlantic Meeco, Inc.
' (Print or Type )
. CONTRACTOR'S ADDRESS: 1501 E. Gene Stipe Boulevard
McAlester, OK 74501
F
r.
1:
I
NOTE TO AGENT/BROKER
If this time requirement Is not met, the City has the right to reject this bld/proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please
contact the Purchasing Manager for the City of Lubbock at (8061776-216S.
BID 098013 - FURNISH & INSTALL PREFABRICATED MODULAR BOAT DECK & FISHING PIER AT LAKE ALAN
HENRY
7
�Ytr.
i�1:111'tl►.
I In Risk Sarmicos of Florida
�,d60 W. Courtney Campbell Cowy
suite 800
rnmpa , FL 33607
13-5386-3500
K..a z
Payroll Transfers, Inc.
rid All Subsidiaries
110 Corporex Park Drive
Suite 9300
Tamos .I FL 33612
02-09(MOH)-1998 10147PASEM R01
INN::e,x>4N R 9R R4v,11.K uaN Ni MkbiNMOORcQitM!eM%!M}fRI!V 2 � C B � a 8
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED fly THE POLICIES BELOW.
COMPANY
A
COMPANY
B
COMPANY
C
COLVANY
b
a
.KSt$ TOCERTFY THATTHEPOLICIESOF INSURANCELISTEDOELO W HAVEBEENISSUEDTOTHEINSUREDNAMED ABOVF FOR THEFOLICYP'ERIOD
I,IDICATED,NOT WMHSTANDINGANYREOUMEMENT,TERM ORCONDITION OF ANYCONTRACT OR OTHEROOCUMENT WTTHRESPECT TO VVKCHTH)S
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SU13JECT TO ALL THE TERMS.
EXCL.MONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
TYPE OFINSURANC1 POLICY NLwon POLICY IIFFZOTIYE POUCYEYPIRATION LWlia
MM RATS PAODIYYj DATE (t LPgm"% m I
COMMERCIAL OEI E LILL LIABILITY
^I CLAIMS MADE [--I OCCUR
OWNERS A. CONTRACTORS PROT
IMOSLE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCICDLLED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GEI,ERAL ACIGREGATE
S
PROWCTS-COLD'/OP AOC
PERSONAL S. ACV INJutY
S
EACIi OCCURRENCE
S
FIRE DAMAGE (Ally ale fire)
li
L® EXP (My erne P..)
S
CCMBINEO SINDIL LIMIT IS
[BODILY 114JURY S
(Par P-SWO
IBODILY WJLSIY S
(Per •=,dent)
PROPERTY DAMAW- IS
I OARAOELIAeLTTT AUTO ONLY • EA ACCIDENT S
ANY AUTO OTTER THAN AUTO ONLY:
EACH ACCIMM S
At3<[iRE6ATE $
I ,EXC6SSL1A2LfY EACH OCCURRENCE $
UMBRELLA FORM ACAREGATE i
OTHER THAN UMBRELLA FORM S
WORKERS COMPENSATION AND STAMORY LIMITS
Et,MPLOYiRi•LGSLITY ....•.. ,. .• ~•.. .........•
A NWADIS1607-01 9101167 gl01/98 .,.......� _
THEPROPRIETOR/EAt71 ACCIDENT i t00�000
lNX L
PARTNERS/EXECUTIVE DISEASE POLICY LIMIT S 1000000
OFFICERS ARE 13 EXCL DISEASE-EACHBAPLOYEF 111 1000000
OTHER
FAX 918-423-3216
JRIPY N OF OPERAT10NfILOCI1T10N0lYiHtCLEf1APSiWAI ITIMt
Only those employees leased to, in Taxes, but not subcontractors of:
Mantic -Mecca, Inc.
�: �T�•f.'il'3-�'""R....:.:.........�:,,...�.,�.w»N«..�..`�s:«�;�.,..��.«�:�-•�lkii(�1E7►Tli3fik"-�+.R«.��:«
:I ty of Lubbock
111525 13th Street
Municipal BIdg.Room L-40
r".ubback, Tx 79401
MHOLLD ANY OF THE MOVE OEicnmg0 Iouces RE CANCiL.Eo SFFORB THe
QPIRATION DATE THERSOP, THE ISSUING COMPANY MLL ENDEAVOR TO MAL
30 DAYS WRITTI N NOTICE To THE CERTMICATm HOLDER NAMm To THE LEFT
eUT FALURE TO MAL SUCH NOTIcs SHALL S{IPOS, NO ORLGATTON OR LWALtMT
OF ANY KIND UPON TNe CoMPANT, ITS Aa1NTe OR REPAEeENTATiVES.
nIOR PRITaI ITATIVsA ! 003954189
F'. -09, 98 fMONi 10:08 PTI
. =04t :a trzu1 4J:4? 12PMPT1
Allango Mseto lno (4rlsii)
WORK COMP & SAFETY
WORK COMP L SAFETY
4 a t 1-423-121 b
TEL:8136279149 P.002
TEL:8136279149NO.672 P.zis 00
"WIIov R, 4-ar -b11.1 M 1-9
CITY OF LuNBOOK
INSURANOR REQUIREMENT AFFIDAVIT
1, the underelgned Agenvoroker, asnify that il1a tneurarwa requlrrtmenta aontalnod In lhle bld doournent have
boon rev;ewad by me with the below Idehtifiad Contractor. Iie bolaw IdAntitlad Contractor its awarded INS
contract by the Glty of Lubbock, I will be able to, within tan il0) days after being notified of eNch award by
contractor, fumiah a ve11d Inv Li mnae car nuts to the City mestlno,all of the requiramonil daflrfod In this
bidfpropoeal.
z-i 00-4r-s
nt slQn tore) Apant mt) 1
Nana of Agent/BrvXerl D-,au.a %0-9 eo J-0 n as I
Addrdea of Ager+UBralcer; _B 7 7 7�,N. 6a.JIU _ 4eni4r Dr.rSaj'ee, o c2so
cnyrstatealp. 5 C d i-i7s c>' Q Le , R z 8 602-68
. ...�+�. . irrtiirrrir rr.--.: ram...+ram •
Agentl8rekerTelephone Numper: t )_9 l��/, 7
Data;
A z�LGtn tic N1 e�Co .Z�nG.
CONTRACTOR'S NAME; .
(Print or Typo) '
CONTRACTOR'S ADDRESS:
NaYa Ta �►aeNr�s o
f1rf thta tlms repo reman nat ma , the City ke t s rt� t to re�satWe a ipropQee end away t 0
ontrast to snother oontrector. If you have arIqu0etiart� oa darning h se requlrementa, pleses
ontact the Purahesind Mansur for the _G(1r_oi RubbDow H �1�Q�j77A Zt. .
DID 081100 • FURNISH S INSTALL PItVAIRICATbp MODULAR!
MENRY
T DOCK A FISHING PIER AT LAK9ALAN
f
r
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on
proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the govemmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter,
(6) notify the govemmental entity in writing by certified mail or personal delivery, within ten (10) days after the
contractor knew or should have known, of any change that materially affects the provision of coverage of
any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19 point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional words
or changes:
7
7
i
REQUIRED WORKERS' COMPENSATION COVERAGE
r� 'The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to
�- report an employee's failure to provide coverage." and
I
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
i (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
t . showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
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CONTRACT
CONTRACT
d
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 26t' clay of February 1998, by and between the City of
Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and Atlantic-Meeco, Inc. of the City of McAlester, County of Pittsburg and the
,§tate of Oklahoma hereinafter termed CONTRACTOR.
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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 Of any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain Improvements
described as follows:
BID # 98019 - FURNISH & INSTALL PRE -FABRICATED MODULAR BOAT DECK & FISHING PIER AT LAKE ALAN
HENRY - $282,879.00
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 bid submitted therefore, subject to additions and deductions, as provided In the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas In the year and day first above written.
ATiTEST:
uecret(7
APPROVE ONTENT:
Owner's Representative
APPROVED AS TO FORM:
Ff /A_
City Attorney
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ATTEST:
Corporate Secretary
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, ao' RAN
CONTRACTOR:
ATLANTIC-N ECQ, TAC.
By: -
PRINTED NAME: S
TITLE:
COMPLETE ADDRESS: �\
Atlantic-Meeco, Inc.
1501 East Gene Stipe Blvd.
McAlester, OK 74501
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GENERAL CONDITIONS OF THE AGREEMENT
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
3.
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Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
CONTRACTOR
Whenever the word Contractor, or Second Party, Is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit ATLANTIC-MEECO, INC. who has agreed to perform the work embraced in this
contract, or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owners Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or Its representative TIMOTHY PARKER, ASSOCIATE CIVIL ENGINEER, so
designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or
Inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers,
supervisors or inspectors will act for the Owner under the direction of Owners Representative, but shall not
directly supervise the Contractor or persons acting on behalf of the Contractor.
CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement Of any), Specifications, Plans, Insurance Certificate, and all other documents made available to
Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes
referred to herein as the "contract' or'contract documents".
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 Owners 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
Owners Representative.
SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
WRITTEN NOTICE
Written notice shall be deemed to have been duly served If delivered in person to the individual or to a member
of the firm or to an officer of the corporation for whom It Is intended, or If delivered at or sent certified mail to the
last business address known to the party who gives the notice.
S. CONTRACTOR'S RESPONSIBILITIES
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, fumish 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. LAMUT
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 copies of all Plans and Specifications without expense to Contractor and
Contractor 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 or quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the
quality or quantity of the work, nor will Owner's Representative be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the
Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the
Contractor's failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
All lines and grades shall be fumished by the Owner's Representative whenever Owner's Representative deems
said lines and grades are 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 its 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 Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be
replaced by the Owner's Representative at Contractor's expense.
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14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
j Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owners
Representative has the authority to review all work included herein. The Owners Representative has the authority
�* to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. The
i Owners Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under the contract documents, and 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 decision of the Owners Representative shall be
conclusive in the absence of written objection to same delivered to Owners Representative within fifteen (15)
calendar days of any decision or direction by Owners Representative. In the absence of timely written objection
r- by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
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15. SUPERINTENDENCE AND INSPECTION
!� It is agreed by the Contractor that the Owners Representative shall be and is hereby authorised to appoint from
i time to time such subordinate engineers, supervisors, or inspectors as the said Owners Representative may
deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said
i' 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 fifteen (15) calendar days make written appeal to the Owners
r' Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any
and all objection or objections shall be deemed waived.
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 Owners Representative. The superintendent shall represent the Contractor in its absence and all directions
given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate
supervision by competent and reasonable representatives of the Contractor is essential to the proper performance
of the work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owners Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractors agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself 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 affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owners Representative either before or after the execution of this contract, shall affect or modify any of the terms
or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owners
Representative and Contractor.
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Unless otherwise specified herein, all loss, expense or damage to 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
work, shall be sustained and borne by the Contractor at its own cost and expense.
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 Owners Representative shall inform
Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, 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 consent or 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 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 such 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 such 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 Representative
has previously accepted the work through oversight or otherwise. If any such 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.
If any such work which is required to be inspected, tested, or approved is covered up without written approval or _
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative,
be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective,
and shall be corrected at the Contractor's expense.
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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 the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
r.. 22. DEFECTS AND THEIR REMEDIES
It is expressly 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 Owner's Representative as unsuitable or not
r in conformity with plans, specifications and/or 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 the contract documents. 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 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
r., claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
' according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
r„ 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 bid, 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
r► 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 lesser of the following: (1) actual field cost of the
extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged
by a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
In the event said extra work be performed and paid for under Method (C)(1), 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 Workers' Compensation and all other
Insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be -
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the _
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be
determined by using 100%, unless otherwise specified, • of the latest Schedule of Equipment and Ownership
Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for
the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent —
(15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its 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 Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C)(1). If Contractor does not notify Owner's Representative prior to the commencement
any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the bid, 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. Notices of any discrepancies or omissions in these
plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification _
obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the
opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has
provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If
Contractor does not notify Owner's Representative prior to bidding of any discrepancies or omissions, then it shall
be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the
project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar 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 its 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 AND GENERAL INDEMNITY
d The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
i precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment
and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold
harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
�- expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any
r manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject
matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its 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 its duty and shall not be construed as any assumption of duty to
r. supervise safety precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S 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
r- cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and
its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance,
rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of
f payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in
conformity with the provisions hereof shall establish such waiver..
The Contractor shall procure and carry at its 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 certificate of insurance
specifying each and all coverages shall be submitted prior to contract execution.
The insurance certificates furnished shall name the City as an additional Insured, or In the alternative,
E shall be accompanied by a statement from the Contractor to the effect that no work on this particular
project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof
of coverage Insurance documents Including workers compensation coverage for each subcontractor.
A. General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined
Single Limit in the aggregate and per occurrence to include:
' Premises and Operations
Explosion & Collapse Hazard
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Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $1,000,000 Combined Single Limit.
This policy shall be submitted prior to contract execution.
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.
Builder's Risk Insurance/Installation Floater Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (100%
of potential loss) naming the City of Lubbock as insured.
Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $10,000,000 on all contracts with
coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverages.
Workers 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.
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority
to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-
83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's
or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor
Code) - includes all persons or entities performing all or part of the services the Contractor has
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undertaken to perform on the project, regardless of whether that person contracted directly with
the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and fling of any coverage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on
the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts; and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who will
provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's Division of Self-insurance
Regulation. Providing false or misleading information may subject the Contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
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.
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(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the bid specifications.
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(6) A provision that written notice shall be given to the City ten days prior to any change In or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any additional
words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services
related to this construction project must be covered by workers' compensation
Insurance. This Includes persons providing, hauling, or delivering equipment or
materials, or providing labor or transportation or other service related to the
project, regardless of the Identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 5121440-3789 to receive
Information of the legal requirements for coverage, to verify whether your
employer has provided the required coverage, or to report an employer's failure to
provide coverage;" and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(ill) include in all contracts to' provide services on the project the following language:
'By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract Is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -Insured, with the
commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions.';
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each `other person with whom it contracts, and provide to the
Contractor.
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
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(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter,
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (I)-(vill), with the certificate of coverage to be provided to
the person for whom they are providing services.
DISABLED EMPLOYEES
Contractors having more than fifteen (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 privileges of employment.
PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS
OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless
against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way,
manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of
machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract
and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish
satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or
waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of
those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five
(5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain
unpaid, in addition to any statutory retainage rights it may have, 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.
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.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and
save the Owner, and all of its officers, agents and employees harmless from any toss 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, and all of its officers,
agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the
contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the
Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owners
Representative prior to bidding.
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 affect the contract or the work, and without limiting, in any way, manner or form,
the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the
Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor
observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in
writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the
work. In the absence of timely written notification to Owner's Representative of such variance or variances within
said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or
local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors
perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's
Representative, Contractor 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. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its 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 its full obligations to the Owner, as
provided by the contract documents. _
34. TIME FOR SUBSTANTIAL 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 documents, 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 as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
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 $500 (FIVE HUNDRED DOLLARS)
PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each
and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial _
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range 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 the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and
is expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS
OF THE ESSENCE OF THIS CONTRACT.
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35. TIME AND ORDER OF COMPLETION
r It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall
f be allowed to prosecute its 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 bid; provided, also, that
when the Owner is having other work done, either by contract or by its 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 intends 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.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid 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 34 hereinabove set forth and expressly agrees that
it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been
delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors
r 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. Any request for extension shall be in writing with the written request for same setting forth all
justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days
of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the
extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial,
and final. Further, in the absence of timely written notification of such delay and request for extension, as provided
�.• herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
N In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
r securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in
,.. which event, such expense as in the sole judgment of the Owner's Representative that is caused by such
stoppage shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
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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
r event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
t 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, and only when same are expressly stated
to be estimates, 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 bids offered for the work. In the event the amount of work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials furnished on the project.
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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 Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without
limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees,
against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising
from or growing out of the performance of this contract.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by
the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to
receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all
expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner
and according to this agreement, the attached specifications, plans, contract documents and requirements of —
Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's
agents and employees, 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 or, if the Contractor does not submit such application, the Owner's Representative shall determine
the amount to be partially paid. Owner's Representative shall review said application for partial payment if
submitted, 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. The determination of the partial payment by the Owner's
Representative shall be in accordance with Paragraph 14 hereof.
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 the contract documents.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said
partial payment is attributable.
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43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
f The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final
completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
!" completion 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 contract documents and/or any warranty or
warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of
r- other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
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i Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which
r shall appear within a period of one (1) year from the date of certification of final completion by Owner's
r Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
(a) Defective work not remedied and/or work not performed.
(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.
7 (d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
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47. CLAIM OR DISPUTE
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) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's
Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed
denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed
that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and
Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply, with the
written orders of the Owner's Representative, when such orders are consistent with this contract, 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. In the event a bond is not required by law, or otherwise obtained by the Contractor, no
further notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , 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 the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice
hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with
diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract
documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or
otherwise, including, but not limited to, providing 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 its 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. Should the cost to complete any such new contract prove to be less than that which
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would have been the cost to complete the work under this contract, the Contractor or his Surety shall be
credited therewith.
In the event the Owner's Representative elects to complete the work, as described above, when the work shall
have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as
provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract
accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to
Contractor and his Surety, if,applicable, 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 certification 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, if applicable, 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, if applicable. Should the cost to complete the work exceed the contract price,
and the Contractor and/or his Surety, if applicable, 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, if applicable, 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, if applicable, subject only to
the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar 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, if applicable. 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, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted
by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this
paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise
of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in
paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. 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. It is further agreed that this contract shall not be
in effect until such bonds are so furnished.
51. 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. _
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense 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 or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and bome by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is; and shall remain, an independent contractor with full, complete and exclusive power and authority to
direct, supervise, and control its 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 Contractor's 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.
54. 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 Contractor shall remove all such debris and also its 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.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
HazardousSubstance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project
or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least _
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5)
days of the receipt of said request, said request shall be deemed to be denied. —
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective
gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum
products or byproducts and/or asbestos.
CURRENT WAGE DETERMINATIONS
Resolution No. 5121
"~
March 14, 1996
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Item #19
,
RESOLUTION
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WHEREAS, the. City Council has heretofore established the general prevailing rate of
i per diem wages for each craft or type of workmen or mechanics needed to execute public
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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
is 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by
Resolution No. 2502 enacted January 8, 1987; 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: i
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ;
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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 i
I a part hereof for all intents and purposes:
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Exhibit A: Building Construction Trades j
Exhibit B: Paving and Highway Construction
�.+
Exhibit C. Overtime Rate
f Exhibit D: 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.
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Passed by the City Council this 14th
ATTEST:
Betty M. Jdfiwon, City Secretary
APPROVED AS TO CONTENT:
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Mary Andr9ws, Managing Director of
Human Resources
APPROVED AS TO FORM:
Rabid Willard, Assistant City Attorney
HW :da/ccdocs/pubworks. res
February 14, 1996
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EXHIBIT A
�^ City of Lubbock
Building Construction Trades
Prevailing Rates
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-C rtified
Hourly Rate
Acoustical Ceiling Installer
10.00
Air Conditioner Installer
11.00
Air Conditioner Installer -Helper
5.50
Asbestos worker
8.00
Asbestos Supervisor
11.00 _
Bricklayer
11.00
Bricklayer -Helper
6.00
Carpenter
11.00
Carpenter -Helper
6.00
Cement Finisher
7.50
Drywall Hanger
10.00
Electrician
13.00
Electrician -Helper
6.00
Equipment Operator -Heavy
8.50
Equipment Operator -Light
7.50
Floor Installer
8.50
Glazier
8.00
Insulator-Piping/Boiler
9.00
Insulator -Helper
5.50
Iron Worker
8.00
Laborer -General
5.50
Mortar Mixer
5.50
Painter
9.50
Plumber
10.50
Plumber -Helper
6.00
Roofer
8.00
Roofer -Helper
5.50
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
weld
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EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft Hourly Rate
Asphalt Heaterman
6.00
Asphalt Shoveler
5.50
Concrete Finisher
7.35
Concrete Finisher -Helper
5.75
Electrician
10.50
Flagger
5.50
Form Setter
6.50
Form Setter -Helper
5.50
Laborer -General
5.50
Laborer -Utility
6.25
Mechanic
7.25
Mechanic -Helper
5.50
Power Equipment Operators
Asphalt Paving Machine
7.00
Bulldozer
7.00
Concrete Paving Machine
7.00
Front End Loader
6.50
Heavy Equipment Operator
7.00
Light Equipment Operator
6.50
Motor Grader Operator
8.50
Roller
6.00
Scraper
6.50
Tractor
6.50
Truck Driver -Light
6.00
Truck Driver -Heavy
6.50
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Lq:11:
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate.
.,l:11:
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
I I I
SPECIFICATIONS
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City of Lubbock
,Lake Alan Henry Boat Dock
and Fishing Pier Specification
Part 1 - General
1.00 General. To provide a single source responsibility for the construction/manufacture,
installation, and warranty of a preengineered, prefabricated ADA accessible boat dock and fishing
pier for Lake Alan Henry. The boat dock, fishing'pier, and appurtenances shall conform to the
following specifications and the Contractor shall consider any referenced manufacturer or model
number for the sole purpose of establishing a quality or parameter. A source or item that has
demonstrated superior quality and capabilities may be provided with prior approval of the
Engineer. This specification covers the minimum requirements, however, it should not be
construed as all inclusive. It is the successful Contractor's responsibility to include all necessary
appurtenances to provide for a complete, reliable, and long lasting (more than twenty years) boat
dock and fishing pier. The Contractor shall supply a complete set of drawings (sealed by a
professional engineer in the State of Texas) and schematics for their boat dock and fishing pier
design with their bid.
1.10 Manufacturer. The boat dock, fishing pier, and appurtenances shall be of the type
manufactured by Atlantic-Meeco, McAlester, Oklahoma, U.S.A.; Bellingham Marine,
Bellingham, Washington,USA: Floating Docks Mfg. Co, Indianapolis, Indiana, USA. For
consideration of a proposed equal system, the Contractor shall furnish the following data to the
Engineer at least 10 working days prior to the date of the bid opening:
r A complete specification for the boat dock and fishing pier (floatation devices, structural,
roofing, etc.)
• A statement of full conformance to these specifications signed by an officer of the Contractor.
• A complete set of drawings sealed by a Professional Engineer in the State of Texas
• Complete submittal data for all major equipment and appurtenances.
r.. Installation list of 200 flotation docking systems (or similar). The Contractor shall have at
least 5 years experience constructing pre-engineered/pre-fabricated boat docks
• Insurance Clause Requirements: A copy of Contractor's certificate of insurance showing as a
7 minimum: General Liability $1,000,000; Any Auto $500,000 Umbrella policy $10,000,000;
r Statutory Workers Comp. $500,000; Waiver of Subrogation required on all coverages. The
City of Lubbock named as additional insured on auto and general liability.
Engineer shall review submittal material and advise the Contractor of approval/disapproval at
least 5 working days prior to the date of the bid opening.
Part 2 - Design Load Conditions
2.0 Design Load Conditions
A. Vertical Loads
1. Deadloads shall consist of the entire weight of the floating structure, including
utilities, bridge, and gangway ends, dock boxes, and other accessories and
appurtenances.
2. Deck surface and structural frame live load shall be equal to 50 PSF
applied to full'surface area'of the deck:
3. Substructure shall be designed using Ultimate Strength methods to support full
dead and live loads across a thirty (30) foot span.
4. Bridges, ramps, and walkways shall be designed to support 50 PSF. Bridge
handrails shall be designed for a 200 pound load applied in any direction and at
any point along the handrail. Handrail shall meet' ADA, Texas Accessibility Code,
and OSHA requirements.
5. Flotation shall be designed to support the deadload plus 50 PSF liveload applied to
deck area.
B. Horizontal Loads
A uniform wind loading from any direction shall be calculated as 15 PSF on all
projected surfaces, assuming 100% boat occupancy. Craft profile heights shall be
determined from Figure 4-9, page 106, ASCE Report No. 50, dated 1969, with an
increase of 50%.
Part 3 -Materials And Construction Minimal Requirements
3.0 Materials And Construction Minimal Requirements
A. Sub -Structural Steel Frames"
12" Box Truss steel frames shall be welded trusses made from angles and'rounds .
of sufficient size and strength to withstand design tresses. Steel "components in _
structural frames shall be notched and fitted prior to welding. Overlapping in
corners will not be permitted. Side frames of box truss shall include, notched
angles installed vertically between the top and bottom chords at each division _
(normally on either 3 foot or 4 foot centers). All notched connections shall be
welded both on the inside and outside, and the outside welds shall be ground
smooth prior to galvanizing. —
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1. All angle members shall be not less than 1 1/2" X 1 1/2" x 3/16" angle after
fabrication. Truss depths shall be not less than 12 inches.
2. All bolt holes shall be oversized round holes to fit standard bolts after galvanizing.
Slotted holes are unacceptable.
3. All steel frames shall be hot -dipped galvanized after fabrication in accordance
with ASTM 123. Members shall be rolled structural shapes of ASTM A-36. Field
welding of galvanized metals will not be allowed except on minor corrections
above water level, which will be treated with cold galvanized process after
welding.
4. The steel frames shall be designed for field connection with Grade 5 galvanized
bolts. Connections shall be so designed that units may be disconnected and
moved.
B. Flotation - Polyethylene Encased Floats
1. Flotation units shall consist of a premolded polyethylene shell with foamed in
place polystyrene. Flotation units shall be of seamless, one-piece, rotational
molded structure.
2. Medium Density Polyethylene Float
All medium density polyethylene Float
Nominal Thickness .125 inches +/-.02"
Density 0.939 G/CM (58 lbs/CF) ASTM D1501
Environmental Stress Crackling F50.1000 HR. ASTM D 1693
Ultimate Tensile Strength 2600 PSI ASTM D638
Vicant Softening Temperature - 230° F ASTM D1525
Brittleness Temperature - 168° F ASTM D746
Flexure Modulus 115,000 PSI ASTM D790
UV Stabilized
Meets FDA Standards 21CFR, Section 177.1520
3. The polyethylene flotation units shall be completely filled with modified
polystyrene expanded in place (1.1 lb./cf density.) Water absorption shall not
exceed two percent by volume.
4. Flotation shall be so designed that a minimum of 6 inches of the float is recessed
up into the frame.
5. Flotation units shall be firmly through -bolted to the bottom of the frame with a
minimum of six bolts.
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6. Flotation units shall be of fire resistant construction.
C. Deck Material - 2" X 6" Treated Wood
1. The Contractor shall furnish a one (1) year written guarantee for repair and
replacement of the deck materials used if warping, twisting severe cracking occurs
at no expense to the City
2. Lumber shall be 2" X 6" (nominal) Southern Pine Graded No. 1, S4S, conforming
to Southern Pine Inspection Bureau specifications as applicable. All lumber and
deck timbers shall be given C.C.A. preservative treatment and shall bear the
quality mark of AWPA. Preservation retention shall be 0.4#/CF minimum.
Decking shall be attached to stringers centers with 2 1/14" teflon coated .
screws (countersunk).
D. Anchorage
1. Anchorage shall be a winch and cable system as shown on the plans. Winches
shall be 2-speed geared winches with a hand brake, spring loaded docking device,
and 16" wide drum capable of holding 150 feet of 5/8" cable. This winch must be
so designed that the locking devise will automatically hold the load when cranking
stops. Winch manufacturer shall provide written tests which show that the winch
shall have an ultimate Holding Load of 22,000 lbs.'
Each winch shall be supplied with 250 feet of 5/8" galvanized steel cable.
Anchors shall be concrete anchors or pipe shore anchors permanently
affixed to the shore as designed and recommended by the Manufacturer.
E. Fendering - 2" X 6" With Single Lip Vinyl
1 2" X 6" Treated Wood
The outside perimeter of fingers and walks shall be covered by (1) row of 2" X 6"
(nominal) Southern Pine Grade No. 2, S4S, conforming to Southern
Pine Inspection Bureau specification as applicable. All lumber and deck timbers
shall be given preservative treatment (C.C.A.) and shall bear the quality mark of
AWPA. Preservation retention shall be 0.4#/CF minimum. Wood fendering shall
be attached with 5/16" X 2 1/4" flat Phillips Head (countersunk), Type F, self
tapping screws with 4 mil zinc plating.
2. Vinyl Fendering
Vinyl fendering shall be as noted on plans. Minimum height of compression
section shall be 2 1/2" with 1" depth minimum. Vinyl fendering shall be attached
with galvanized staples, as recommended by manufacturer's specifications.
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FF. Cleats
Dock cleats shall be bolted to the dock structural framework. Bolts shall be
galvanized steel.* Cleats shall be "S" shaped and a minimum of 10" in length and
shall be constructed from an aluminum compound.
E G. Gangways
1. Gangaways shall be steel truss with hand rails, hot -dipped galvanized after
fabrication. Pivot connections to the dock shall be by pin or fifth wheel, with
rollers provided on one end. Handrails will be provided on both sides.
2. Gangways shall be designed for vertical liveload of 50 PSF.
3. Wheels or rollers shall be heavy duty constructed of molded rubber or
UHMW plastic and be non -seizing type due to rust or ice.
4. Additional flotation shall be added to the floating piers or gangways where needed
to support the combined pier and access gangway loads without producing undue
distortion in the floating structure.
Part 4 - Installation
4.0 Installation
A. The Contractor shall be responsible for providing a single source responsibility for the
construction/manufacture, installation, and warranty of a preengineered, prefabricated
boat dock and fishing pier for Lake Alan Henry.
Part 5 - Other Requirements
5.0 Other Requirements
A. Project Completion
1. The Contractor shall have 90 calendar days from Notice To Proceed to fabricate,
procure, transport, construct, and install the boat dock, fishing pier, and
appurtenances and have the project ready for public access. The Engineer or
Engineer's Representative shall designate a temporary site for storage of materials,
trailers, etc. All construction shall not interfere with the publics use of existing
facilities, i.e. the public will still be able to use 2 lanes of the 3 lane boat ramp
during construction. Safety of the public shall be required at all times, day, night,
r, and weekends. The Contractor shall supply signing, barrels, etc. to meet Texas
Construction Safety regulations. Contractor shall notify the Engineer or the
Engineer's Representative twenty-one (21) calendar days in advance of when
equipment, materials, and construction will begin to take place at the lake site.
B. All correspondence between potential Contractor and Engineer will take place through
the purchasing agent prior to Bid Opening.
C. It is the Contractor's Texas Professional Engineer's responsibility (the engineer whose
seal was placed on the drawings) to field verify that the dock and fishing pier was
constructed properly.
D. ADA accessibility shall be included in all facets of the boat dock and fishing pier. ADA
responsibility shall be the Contractor's:
E. Maps and a conceptual plan are presented in the back of this package and are not intended
to be used for design or construction and are not all inclusive. They are to give the
potential Contractor an idea of the topography of the site and what the City would like to
see in a completed project.
Design elevation for the lake and the boat dock and fishing pier is 2220. Presently
(1/12/98) the water elevation is at 2185. The water level is expected to increase to 2220
over the next several years. Flexibility shall be incorporated into the construction to
adequately meet the various considerations that revolve around the structure as it elevates
to the 2220 design elevation.
F. Detailed drawings of the floating docks, walkway ramps, handrails, winches, telescoping
pipe anchors (if used), tie-up cleats, and miscellaneous connectors, wheels and guide
gussets, etc. shall be submitted for approval prior to fabrication and shipment to site. A
Texas Registered Professional Engineer's seal shall be placed on these drawings as
appropriate.
G. Boat Dock
1. The City envisions a 20 double slipped boat dock (40 boat capacity) with several
smaller slips for Jet-Ski/Sea-Doo type personal watercraft. The personal
watercraft slips shall not be of the type which involves a ramp for means of
docking. Cleats or other means are required for personal water craft
docking. These personal watercraft slips shall be of sufficient width to allow
multiple watercraft to use one slip. ADA accessibility is required, with handrails
placed where appropriate.
F. Fishing Pier
1. The City envisions an open air 60 foot by 60 foot (60x60) fishing pier with a 20
foot by 20 foot (20x20) opening in the middle. The roof structure shall be
constructed as such to allow casting of a fishing line without the line getting
caught on the roof. Permanently affixed benches should also be placed to allow
for maximum patron usage and comfort. No fish cleaning station shall be
permitted at this location. ADA accessibility is a must. Handrails shall be placed
both, on the perimeter of the structure and around the hole in the middle.
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G. A set of plans sealed by a Texas Professional Engineer shall be sent to the Texas
Department of Licensing and Regulation prior to Notice To Proceed. The Contractor
shall pay all fees associated with Licensing from the Texas Department of Licensing and
Regulation.
H. Contractor shall conduct a training session before the facility is opened to the public to
r" train City personnel on the use of the various appurtenances of the boat dock, fishing pier,
etc.
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