HomeMy WebLinkAboutResolution - 6340 - Contract - Lydick-Hooks Roofing Company Of Lubbock Inc - Roof Replacment - 06_10_1999Resolution,No.6340
June 10, 19.99
Item No. ,211
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 between the City of Lubbock and
LYDICK-HOOKS ROOFING COMPANY OF LUBBOCK, INC. of Lubbock, Texas to install
and furnish all materials and services as bid for the ROOF REPLACEMENT AT VARIOUS
CITY BUILDINGS. Said contract is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this loth day0f A 1 June 1 1992.
WINDY SITION, MAYOR,
APPROVED AS TO CONTENT:
Victor Kilman, urchasing Manager
VED AS TO FORM:
Cei
DV/c:cityaWLydick-HooksRoofCo.doc
June 2, I999
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CITY OF LUBBOCK
SPECIFICATIONS FOR
ROOF REPLACEMENT OF GARDEN AND ARTS CENTER,
CITY WAREHOUSE, RADIO SHOP & FLEET SERVICES BUILDINGS
BID #99098
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CITY OF LUBBOCK
Lubbock, Texas
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P.O. Box 2000
Lubbock. Texas 79457
(806) 775-2167 - Fax (806) 775-2164
ITB #99098, Addendum #1
ADDENDUM 0
ITB #99098
ROOF REPLACEMENT OF
GARDEN AND ARTS CENTER,
CITY WAREHOUSE, RADIO SHOP
AND FLEET SERVICES BUILDINGS
Office of
Purchasing
MAILED TO VENDOR: April 29,1999
CLOSE DATE: May 13,1999 @ 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 aftached clarifications from Jones Rowntree Architects for the above mentioned
project.
All requests for additional information or clarification must be submitted in writing and directed to:
Questions may be faxed to
or Email to:
Ron Shuffield, Senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
(606) 775-2164
RShuffield@maii.ci.lubbock.tx.us
TlJkNK YO ,
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Ron Shuffiel
Senior Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID
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ITB 99098ad1.doc
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ADDENDUM NO. ONE (1)
To drawings and specifications dated: 3/19/99
For: Roof Replacement of Garden and Arts Center, City Warehouse,
Radio Shop and Fleet Services Buildings
Prepared by: Jones Rowntree Architects
Addendum date: 4/29/99
NOTICE TO BIDDERS:
r A. This addendum shall be considered part of the contract
documents for the above mentioned project as though it has
been issued at the same time and incorporated integrally
therewith_ Where provisions of the following supplementary
data differ from those of the original contract documents,
this addendum shall govern and take precedence.
r" B. Bidders are hereby notified that they shall make any
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necessary adjustments in their estimates on account of this
addendum. It will be construed that each bidder's proposal
is submitted with full knowledge of all modifications and
supplemental data specified herein.
ITEM NO. 1 - For clarification purposes on Sheet 3, the
northernmost section of roof, measuring 69'-6" x 34'-111, is
designated as the Radio Shop; the middle and southern sections
are designated as the Warehouse.
ITEM KO. 2 - In the drawings, on Detail 1, Sheet 1 and similar
details, blocking under the cant strip may be eliminated except
as needed for wood curb nailers or as may be a roof warranty
requirement.
ITEM NO. 3 - In the Specifications, Section 07600 - Metal Roofing
Repairs, add paragraph 2.02, E to read: Screws shall be colored
to distinguish between new and existing screws.
END OF ADDENDUM NO. 1
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CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: ROOF REPLACEMENT OF GARDEN AND ARTS CENTER,
CITY WAREHOUSE, RADIO SHOP & FLEET SERVICES BUILDINGS
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 99098
PROJECT NUMBER: 9528.8302.10000
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL - BID FOR UNIT PRICE CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
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NOTICE TO BIDDERS
BID #99098
I 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 2:00
o'clock p.m. on the 13th day of May, 1999, 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:
"ROOF REPLACEMENT OF GARDEN AND ARTS CENTER,
CITY WAREHOUSE, RADIO SHOP & FLEET SERVICES BUILDINGS"
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 27th day of May, 1999, 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 $25,000.
t Said statutory bonds should be issued by a company carrying a current Best Rating of B or su erior.
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
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of
r'* 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 April, at 10:00 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.
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The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and
bid openings are available to all persons regardless of disability. If you would like bid information made available in a more
accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775-
2281 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
dLjil
VICTOR KIL
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.
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GENERAL INSTRUCTIONS TO BIDDERS
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1. 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 ROOF REPLACEMENT OF GARDEN AND
ARTS CENTER CITY WAREHOUSE RADIO SHOP & FLEET SERVICES BUILDINGS.
... 2. CONTRACT DOCUMENTS
�. All work covered by this contract shall be done in accordance with contract documents described in the General
Conditions.
f All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
construction of this project and shall be responsible for the satisfactory completion of all work contemplated by
�. said contract documents.
} 3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
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4. BIDDER INQUIRIES
No bidder shall request any information verbally. All written requests for additional information or clarification
concerning this bid must be addressed to:
RON SHUFFIELD
SENIOR BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
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FAX (806) 775-2164
f 5. TIME AND ORDER FOR COMPLETION
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The construction covered by the contract documents shall be fully completed within 180 (ONE HUNDRED AND
i d EIGHTY) 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
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.
p. 6. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute
an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements
contemplated by the contract documents have been paid in full and that there are no claims pending, of which the
Contractor has been notified.
8. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a representative of the City on the site will not relieve
the Contractor of full responsibility of complying with this provision. The specifications for materials and methods
set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to
procure a satisfactory project.
9. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective
materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general
guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all
damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from
date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner �^
(City of Lubbock).
Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants
fault -free performance and fault -free result in the processing date and date -related data (including, but not limited
to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services
provided under this Contract, individually or in combination, as the case may be from the effective date of this
Contract. Also, the Contractor warrants the year 2000 calculations will be recognized and accommodated and will
not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may
require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all
the obligations contained herein.
The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or
any third party involved in the creation or development of the products and services to be delivered to the City of
Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City
of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its
right pertaining to termination or default.
The warranties contained herein are separate and discrete from any other warranties specified in this Contract,
and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability
which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated
in this Contract by reference.
10. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
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11. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
r, 12. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article
20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials
to be incorporated into the work without paying the tax at the time of purchase.
13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
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It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
j other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve
the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by
F Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by
Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
I 14. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of
barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
15. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from_
the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume
full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all
cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life
or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or
corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it
shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in
proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given
sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their
property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage
resulting from his blasting operations.
16. CONTRACTOR'S REPRESENTATIVE
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The successful bidder shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful bidder shall be required to furnish the name, address and
telephone number where such local representative may be reached during the time that the work contemplated by
this contract is in progress.
17. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All
policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The 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. r`
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 r
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. 01
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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, sworn, legible copy of such payroll. This shall contain the name of each employee, his
` classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the
copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made,
or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees
according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which
schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on
M:+ whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each
calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his
particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these
contract documents.
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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
bidder without being considered.
21. 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
l (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:
tT (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.
23. QUALIFICATIONS OF BIDDERS
The bidder may be 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 bidder's 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 bidder's 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
UNIT PRICE BID CONTRACT
PLACE: Lubbock, Texas
DATE: May 13, 1999
PROJECT NUMBER: #99098 - ROOF REPLACEMENT OF GARDEN AND ARTS CENTER, CITY WAREHOUSE,
RADIO SHOP & FLEET SERVICES BUILDINGS
Bid of Lydick -Hooks Roofing Co, of Lubbock, Inc. (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a Roof Replacement of
Garden and Arts Center, City Warehouse, Radio Shop & Fleet Services Building
having 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
the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and
r* supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time
jl 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.
7 BID ITEM #1: Roof replacement at Garden and Arts Center @ 4215 University.
Twenty-two thousand three hundred fifty-one
MATERIALS:, and no/100-----------------------------------dollars ($ 22,351.00 )
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SERVICES: Forty thousand and no/100--------------------dollars ($ 40,000.00 )
ggii tyq-two thousa aa hree hundred
TOTAL BID ITEM #1: fi ty-one and no�10�--------------- ---- dollars ($ 62,351.00 )
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h^ BID ITEM #2: Roof replacement at City of Lubbock Radio Shop @ 302 Municipal Drive.
MATERIALS: Thirteen thousand eight hundred seven and no/100---- ($ 13,807.00
-------------------dollars ($ 20,000.00
SERVICES:_ Twenty thousand and no/100)
` Thirty-three thousand eight hundred
TOTAL BID ITEM #2: seven and no/100-----------------------dollars($ 33,807.00 )
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BID_M #3: Roof replacement at City of Lubbock Warehouse @ 302 Municipal Drive.
Sixteen thousand three hundred thirty-one
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MATERIALS: and no/100----------------------------------dollars ($ 16,331.00 )
SERVICES: Sixteen thousand and no/100----------------- dollars ($ 16,000.00 )
�`'''� Thirty-two thousand three hundred
TOTAL SIDITEM #3: thirty-one and no/100-----------------dollars ($ 32,331.00 )
BID ITEM #4: Roof repair of City of Lubbock Fleet Services @ 324 Municipal Drive.
MATERIALS: Eight thousand one hundred forty-seven and no/100---
r. SERVICES: Forty thousand and no/100------------------dollars ($ 40,000.00 )
Forty-eight thousand one hundred
TOTAL BID ITEM #4: forty-seven and no/100 --------------- dollars ($ 48 ,147.00 )
Sixty thousand six hundred thirty-six
r,,, MATERIALS: and no/100-----------------------dollars ($ 60,636.00 )
�!! SERVICES: One hundred sixteen thousand and no/100----dollars ($ 116,000.00 )
One hundred seventy-six thousand
TOTAL BID (ITEMS 1, 2,3 and 4): six hundred thirty-six and no/100----($ 176,636.00 )
r
(Amount 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
"Notice to Proceed" of the Owner and to fully complete the project within 180 (ONE HUNDRED AND EIGHTY) consecutive
calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to
pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in
excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of
the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 21 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
.. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
i certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable
without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the
bid submitted as a guarantee that bidder will enter Into a contract, obtain all required insurance policies, and execute all
necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him.
r•+
i 2
No Text
171
t Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars ($ ) or a Bid Bond In the sum of Twelve thousand f ive hundred Dollars
n ($ 12,500.00), 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,
insurance certificates, 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 the otice to///� iiiddders. //J,
or Typed Name)
Lydick -Hooks Roofing Co. of Lubbock, Inc.
Company
P. 0. Box 2605
Address
Lubbock
Lubbock
City,
County
Texas
79408
State
Zip Code
Telephone: 806
765-5577
Fax: 806 -
765-5581
(Seal if Bidder is a Corporation)
ATTE�S?
Secre ry
Bidder acknowledges receipt of the following addenda:
Addenda No. Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
No Text
IF
�t l
1~
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Bidder
And Attached to Bid Submittal
I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been
reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of
Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock,
furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal.
Larry Meador
Contractor (Print)
-Hooks Roofing Co. of Lubbock, Inc.
•trnni or Type )
t'
CONTRACTOR'S ADDRESS: P • 0. Box 2605
Lubbock, TX 79408
'i. Name of Agent/Broker: McQueary Henry Bowles Troy
Address of Agent/Broker: 12700 Park Central Drive, Ste. 1700
}- City/State/Zip: Dallas, TX 75251
f Agent/Broker Telephone Number. ( 972 ) 770-1600
�,. Date: 5-13-99
a
i
NOTE TO CONTRACTOR
If the time requirement specified above Is not met, the City has the right to reject this bid/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 (806) 775-2165.
BID #99098 - ROOF REPLACEMENT OF GARDEN AND ARTS CENTER, CITY WAREHOUSE, RADIO SHOP &
�„ FLEET SERVICES BUILDINGS
No Text
Fl
712.
3.
FOR
l•
4
�5.
6.
r7.
8.
10.
4i
F�
F-
r
LIST OF SUBCONTRACTORS
Minority Owned
Yes
No
Dent Electric 0
Anthony Mechanical 0
0
0
0
0
0
0
0
0
0
0
0
0
0
.0
❑
0
4
No Text
tf�
Bond No.
UNIVERSAL SURETY OF AMERICA
TX6361495 00
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that weLYDICK-HOOKS ROOFING COMPANy,�OF LUBjofj .
as Principal, hereinafter called the Principal, and UNIVERSAL SURETY OF AMERICA, 950 Echo lane, Suite 250,
Houston, Texas 77024, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF --
LUBBOCK, TEXAS, as Obligcc,
Name, Address, City, State, Zip, Phone Number
hereinafter called the Obfigce, in the sum of 5 °,o of the amount of this bid not to exceed TWELVE THOUSAND
+`t
r
r-i
NC
FIVE HUNDRED AND NO/ 100------------------- Uallars (S12 , 500.00--- -1 for the
payment of which sure well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, '
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the principal has submitted a bidfor ROOF REPLACEMENT OF GARDEN & ARTS CENTER,
CITY WAREHOUSE. RADIO SHOP AND FLEET SERVICES BUILDING FOR THE CITY OF
NOW, TIiEREFORE, If the contract be timely awarded to the Principal and the Principal shall within such time as specified
in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract; if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger :
amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this I
obligation shall be null and void, otherwise to remain in full force and cflect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution
of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing i`-
has been firmly committed to cover the entire cost of the project. ;a
SIGNED, sealed and dated this 13TH day of MAY.
UNIVERSAL Sl1 5TY OF A 4ERICA
(Attutney.in•faci) ^"K•'
19 99
No Text
UNIVERSAL SURETY OF AMERICA
P.O. BOX 1068 -Houston, Texas 77251-1068
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
14 TX 6361495 00
J.E. Murfee & Sam
Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of
the State of Texas, and having its pricipal office in Houston, Texas, does by these presents make, constitute and appoint
Joan Carnes
Lance Murfee
Wm. E. Murfee, Sr.
Wm. E. Murfee, Jr.
of Lubbock and State of Texas its true and lawful Anorney(s)-in-Fact, with full power and authority hereby
conferred in its name, place and stead, to execute, acknowledge and deliver
Bonds not to exceed $250,000.OD unless each is accompanied by letter of
authority signed by the President, Secretary or Executive Vice President
of Universal Surety of America.
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Compaq and duly attested by its Secretary, hereby ra�fymg and confirming all that the said Attorney(s)-in-Fact may do within the stated
limitations, and such anthariryry is to continue in force unt, 4/30/2000 Said appointment is made under and by authority of the
following resolution adopted by the Board of Directors of Universal Suretyof America at a meeting held on the 1 lth day of July,1984.
"Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power
and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company."
"RESOLVED that the signature of any officer of the corporation, and the seal of 1he corporation may be affixed or printed by facsimilie to any
power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation."
In Witness Whereof, Universal Surety of America has caused these presents to be signed by Its President, Jack McReynolds and its
corporate seal to be hereto affixed this 2nd day of January, A.D.,1998.
UNIVERSAL SURETY OF AMERIC
Aox7
State of Texas >D
ss:sa Jack Reynolds President
County of Harris
On this 2nd day of January, In the year 1998, before me, Estela Le1ja, a notary public, personally appeared Jack McReynolds,
personally known to me to be the person who executed the within Instrument as President, on behalf of the corporation herein named
and acknowledged to me that the corporation executed It
• s
Notary Public
I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the
Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in effect.
GIVEN tinder my hand and the seal of said company, at Houston, Texas, this 13 th day of May _ 19 99
i
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may telephone (713) 722-4600. 1476.15251050
No Text
POW
".
1I
+
"
:PAYMENT BOND
�f
I
NECK.
1 "JD Ci 9
13 IN
No Text
F
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
�^ Lydick -Hooks Roofing C(omaofl �bonckI)ne.
KNOW ALL MEN BY THESE PRESENTS, that her ina ny er ca le a nci d al(s , as
Principal(s), and
Unixersai Surety --a€ Amerremaxr,,,srn_Texas,
(hereinafter called the Sure$r(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
r. Obligee), in the amount of V e hundred s��eve t si 1?QI rs $176 , 636 . _00awful moneyof the
nt United States for the paymewh ereo , the -said Pnncipa a- T nd-S e y ind t'iieemselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 1 flth day of
J{ine , 19--9-9, to Replace Roof of rarr1Pn nnA Art.-, Center' Cites= Warehouse,
'IT
bi ••�•:
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in
r► the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as
? j if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
Claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
1 Article to the same extent as If it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
1 2 Pith day of June 19.
UNTITFR C A T. SURETY OF AMER I CA
Surety
•
By:
(Title) Wm. E. Murfe , Sr.
Attorney-In-FAct
LYDICK-HOOKS ROOFING COMPANY OF
Principal LUBBOCK, INC.
By:
le) rry Meador
ice -President
(Title)
By. _
(Title)
No Text
UNIVERSAL SURETY OF AMERICA
P.O. BOX 1068 -Houston, Texan 77251-1068
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
Ai�7 rofo[metiau .. ; . CPA$
8001483 TX 636150100
J.E. Murfee & Son
Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of
the State of Texas, and having its pricipal office in Houston, Texas, does by these presents make, constitute and appoint
Joan Carnes Lance Murfee Wm. E. Murfee, Jr.
Wm. E. Murfee, Sr. .
of Lubbock and State of Texas its true and lawful Attorney(s)-in-Fact, with Hill power and authority hereby
conferred in its name, place and stead, to execute, acknowledge and deliver
Bonds not to exceed $250,000.00 unless such is accompanied by letter of
authority signed by the President, Secretary or Executive Vice President -
of Universal Surety of America,
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Company and duly attested by its Secretary, hereby rat,fytng and confirming all that the said Attorney(s)-in-Fact may do within the stated
limitations, and such authority is to continue in force uati[ __ 9/30i20o0 Said appointment is made under and by authority of the
following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 1 Ith day of July,1994.
"Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power
and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company."
"RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any
power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation."
In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, Jack McReynolds and its
corporate seal to be hereto affixed this 2nd day of January, A.D.,1998.
UNIVERSAL SURETY OF AMERIC
euRerr a
State of Texas is
as: Trxu Jack McReynolds President
County of Harris
IIIIF�NII
On this 2nd day of January, in the year 1998, before me, Estela Leila, a notary public, personally appeared Jack McReynolds,
personally known to me to be the person who executed the within tnstrumert as Presldent, on behalf of the corporation herein named
and acknowledged to me that the corporation executed It.
E07M A k.EiN • •
MY =*&SSM ODES &WAe e7%e OLO
060"W 0, 2M . 1 Notary Public
I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the
Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in effect.
GIVEN under my hand and the seal of said company, at Houston, Texas, this 2 6 th day of June 19 an
stant secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may telephone (713) 7224600. 1476-1SL"50
No Text
F
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designateWm . E . Mur f e e , S ran agent resident in Lubbock County to whom any requisite notices maybe delivered
and on whom service of process may be had in matters arising out of such suretyship.
�^ UNIVERSAL SURETY OF AMERICA
l Surety
By:
(Title) Attorney—In—F&ct
Approved as to form:
�I
City ofLubbock
)
City Attorney
fi^ * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
f 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.
! 2
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r:
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P
f
1
PERFORMANCE BOND
Y
t'
BOND CHECK
BEST RATING
LICENS EXAS
dIN
DATBY
No Text
71 1
F1
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
ro, (CONTRACTS MORE THAN $100,000)
Lydick -Hooks Roofingg Company of Lubbock, Inc.
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
i`'� (hereinafter called the Sur t s), s y
S ret ), are held and firmly b and unto he City of Lubbock (hereinafter called the
Obligee), in the amount of un r seenty-six tRouC)8IT&ays ( wful money of the
United States for the paymen w ereo , the sai rih-crpal-a'n3 Surety bind themse ves, 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 thel0thlay of
June ,1921,to Replace Roof of Garden and Arts Center, City
17
Warehouse, Radio Shop, and Fleet Services Buildings for the City of Lubbock -
Rid #99n9S
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
7 if copied at length herein.
s!
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;
t 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
f^ 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 this26th
F1 day of .Tune , 19—_.
IIDTIVERSAL SURETY OF AMERICA
Sur ty
By.
�- (Title)Wm. E. Murfee Sr.
r Attorney -In -Fact
By:
(Title)
No Text
The undersigned surety Wmpany represents that it is duly qualified to do business in Texas, and hereby
designateum. F . M»_r_fQP_t� �ent resident in Lubbock County to whom any requisite notices maybe delivered and on
whom service of process may be had in matters arising out of such suretyship.
UNIV ERICA
S ety
1
*By:
(Title)
Attorney —I —Fact
Approved as to Form
City of Lubbock
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
attorney for our files.
t 2
No Text
f:
i
is
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€'
CERTIFICATE OF INSURANCE
A,
a
raft
Oak
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No Text
Q001
F07'26/
1 a1.9
MON 16:23 FAX 972 770 1699
IRATE OF
PPODUCER
WNW Henry Bawlss
Trr�ooyy, LLP.
1x700 PaTic CeNrsi or eta 1700
Daum TX 75251
L � OI D Cc ock br.
l aftod TX 704M
MT DALLAS
INSURANCE
GATE t47&4'DaYY}
THIS CEI TIfIGATE IS ISSUED AS A MATrM OF WRMATIDN
ONLY AND COWERS RD RIOHM WM THE CERTIFICATE
WWEF . THIS CERMCATE DOES NOT AMEND. DnIEND OR
ALIM THE COVERAGE AFFORDED BY THE POUCIFS BELOW.
COMPANIES AFFORDING COVERAGE
aWANY
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COMPANY
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THIS VO— CE9nF7 `CHAT THE POUCIEB OF WAFA= LISTED BMDW HAVE BEEN WED TO THE E'ISURED NAMED ABOVE FOR THE POLICY P'ERLOD
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CERTIFICATE MAT BE 15M OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DES= D NspaN 15 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CMMIONS OF 3" POLICIES. LIMITS SH M MAY HAVE BEEN RE=XD SY PAID GLAUdB.
111 L TYPE OF NS1RiA= POLICY MWifSr ur � rIrS
POLIum U7
A GE?ZAu LARI Y GLI C75474165 011Ot 199 01 /01 /00 GENERAL AGGREGATE
X COUMERCIAL C 10k&L LWWfrY PRODUCTS - CONtPK)P AGO
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OWNERS A CONTRACTORS PRDT EADi OCCURRENCE
s
X BUCT ADDIT DIAL INSURED TIRE DAWAGE µny one 1m] i
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PROPERTY DAMAGE I
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EACH AOJOENT I
AGGREGATE I$
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11000,000
1,000,000
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EXCESS UABILV
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EXCL
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it
11000 , 000
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BUILDERS RISK
QT 060185D455D
01/01/99
01/01/00
LIMIT PER LOCATION
1,000,000
ALL RISK
LIMIT AT TEMP SITE
25.000
$1.000 DEDXTIBLE
LUT WHILE IN TRANSIT
25.000
eiIM
D A AWRTS -
TOWN0 THE LIABILITY POLICIES EXCEPT FOR WO AND A WAIVER CF SUBROGATION 16 PROVIDED ON
THE AUTO, GL AND WC &IT ONLY TO THE EXTENT OF THE LIABILITIES ASSUMED UNDER CONTRACT.
OF GARDEN AND ART CENTER, RADIO SHOP AND FLEET SERVICES
BUILDINGS -CITY OF LUBB= BID E89098
CE'RTIgCA;E F ?F.I3]:FI
CANCELLATM
SHOULD ANY OF YHE ABOVE DESCRIBED POLICIES BE RAN;EM BEFORE THE
CITY OF WEB=
EXPIRATION DATE THEREOF, THE ISSUING COMPANY Wl" ENDEAVOR TO WJL
ATTN: FION SHUFFIEID
i0 DAYS WRMS NOTICE TO THE CERTIRCATE HOLDER lyAlh M TO THE LEFT.
P.O. BOX
IC 2D00 TX 79457
WBEOOF
BUT FAILURE TO MAIL SUCH NOTICE PROSE NO OBLIGATION OR LLABkTTY
ANY KIND RS AGENTS OR
b YZZ Y, LIP
ACdFiD isr$ (1l95�
A7-26-99 16:06
RECEIVED FROM:972 778 1699 P•01
No Text
08/26/99 THU 15:44 FAX 972 770 1699 WMT DALIAS 0002
1
,erAlltY. C~ i4.
Owner or Contractor ProtectiVv Liability
Now BUNiuoma Declaration
we nr«5� wit',;. .ram++.... �v 1.�wue.w ,r,{r�w,.a„ ;'ika SEC ��*�'�' 'r`�•�.h.� 7Y.q amS K��•.w'^+�Y ,w;&:idk,a�k ., �, ,�g�ss�X: '
....s+ie• iS'.$��'.���. `..�. :aAr.4,ierYV�tP...�+. rY'S�i:.K�MP' �d: "��Ai.: K.hidki.'9� ' �°POLICY "oMBER COVEPJ= P80VIDED BY PROM - POLICY PERIOD - TO
L 1079226508 CONTINENTAL CASUALTY COMPANY 08/13/1999 08/13/2000
CNA PLAZA
CHICAGO. ILLINOIS 60665
INSUM NAME am A=R$SS
CITY OF LUBBOCK
c/o LYDICK HOOKS ROOFING CO OF LUBBOCK INC
P O ROX 2605
LUBBOCK, TX 79406
AGENCY NUMBER AQENC'Y NIL AND ADDRESS
011280 MCQUEARY HENRY BOWLES TROY'LLP
12700 PARK CENTRAL DR 11700
DALLAS, TX 75252
Phone Number: (972)770-1400
BRANCH NIIM IER BJWCR NAME AND ADDRESS
040 DALLAS BRANCH
PLAZA OF THE AMERICA
600 N PRARL ST STE 1400
DALLA&, TX 75201
Phone Number: (214)220-1300
�>3rsy�a+w.+�«. w�9.....�„. 's'f' °S�A� �.W.s '9� �a� �[,.ru ""y" a. """n`E&"e"i'C'"J''9Si v"�'' "•��o-eA�k`I�AfPti we««w� sew• KaV:.I.!#'� .e.��.�"°"' 9�4
: A'ti'°}�3:��: �„y„tTA. ��TT'.�i��?�^�-.�••:d:'�,,,,, ���r.,'r . ���r?i.�i ' j'�';;'�e ` wwss.'".:aw.T ,�, �;a .�; ��rr s..S�: �3a7�.3�. �+:«.
This policy becomes effective and expires at 12:01 A.m. stand$rd time at yo-r ma.4:4-C
addrass on the dates sbown above.
The Named Znsured is a Corporation.
Your policy is composed of this Declarations, with the attached Common, Policy Conditions,
Coverage Fo=z , and Endorsements, if any. The Policy Forms and Endorsement Schedule
shows all fc=s applicable to this policy at the time of policy issuance:
The Estimated Policy Premium is 61,000.00 MP
Audit Period is Not Audittble
Designated Contractor: LYDICK BOORS ROOFING CO OF LUBBOCK INC
Mailing Address: P 0 SOX 2606
LtMROCK, TX 79409
Q
Location c= Covered Operations: 1924 CLOVIS RD
LUBBOCK, TX 79408
AGENT Page 1 of 3
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POLICY Nt>nmMR
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L 1079226508 cZTy or LMSOCK
C/o LYDICK HOORS ROoFlot CO of LtMBOCK INC
P o BOX 2605 LCBBOCK, TX 19404
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Description of Covered Operations: CITY OF LVBBom 1625 23TH STREET LVBSOCX. TX
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In return for the payment of the premium, and subject to all the terms and conditions
contained here -in, we agree to provide the insurance as stated.
LXKXTS OF XNSDBANCE
DESCRIPTION
Bach Occurrence
Aggregate Limit
LTX:rT
$2,000,000
$1,000,OOD
BCEEDIILE OF L=&TXOSS AND COVERAGES
PREKrUM ESTIMATED
COVER&CE/EAZARD DESCRIPTION EXPOSURE BASIS RATE PREMIUM
Loaetion 1
1625 13T3 STREET
L'OBBOCR, TX 79408
Class Cade 16291
Construction. Operations - contractor (not
railroads) - excluding operations on board ships
Owm ers or Contractors Protective 500.000 (C) .645
LOCATION E08 -TOTAL
AGENT
$1,000.00
S1,000.00 MP
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POEMS AM 9ADORSEHMS SC88=E
worm Number
Pa= Title
000009
10/1993
OCP-Gov for Operations of Designated Contractors
CG0103
10/1993
Texas Changes
- Conditions Requiring Notice
CG2855
03/2993
Texas Changes
- Cancellation and Norrenewal
CG2951
10/1993
Employmelzt-Related Practices Exclusion
IL0003
11/1985
Calculation of
Premium
IL0021
11/198S
Nuclear Energy
Liability Exclusion Endorsement
IL0168
09/1992
Texas Changes
- Duties
•** PLBaSN UAD T= ENCLOMM UPORTART NOTICES CONMNINC YOUR POLICY trr
Soren Number worm Title
a537SID42D important Information For Texas Policybolders
ti
e=
Counteraa.gnature
�
Secrolary
' Gharman e! fec 60�1Q
P-55176-A (Ed. 01186)
AGENT Page 3 of 3
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OWNERS AND CONTRACTORS PROTECTIVE
LIABILITY COVERAGE FORM - COVERAGE
FOR OPERATIONS OF DESIGNATED CONTRACTOR
Various provisions of this policy restrict coverage. Read the for care, loss of services or death resulting at arry
entire policy carefully to determine rights, duties and what is time from the "bodly injury.'
j and is not covered. 2. Exclusions_
s
I
E
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Throughout this polity the words "you" and 'your," refer to
the Named Insured shown to the Declarations. The words
'tie," "us" and "our" refer to the Company providing this
Insurance.
The word "insured" means any person or organization
qualifying as such under WHO IS AN INSURED (Section
Other words and phrases that appear In quotation marks
have special meaning. Refer to DEFINITIONS (Section Y).
SZCWN I — COVEMGES
BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1. iruuring Agreement.
a. We will pay those sums that the insured becomes
legally obligated to pay as damages because of
'bodily injury' a<'pfoperty damage" to which this
insurance applies. We will have the right and duty
to defend any "suit" sealdhg those damages. We
may at our discretion Investigate any "occurrence"
and settle any Claim or "suit" that may result.
But:
(1) The amount we will pay for damages Is 111mited
as described in LIMITS OF INSURANCE
(Section Iii); and
(2) Our right and duty to defend and when we
have used up the applicable limit of insurance
In the payment of judgments or settlements.
No other obligation or lability to pay sums or
perform acts or services is covered unless
explicitly provided for under SUPPLEMENTARY
PAYMENTS.
This insurance doss not apply to:
a. Expected or b ibmded Injury
Badity Injury' or "property damage" expected or
Intended from the standpoint of the insured. This
exclusion does not apply to "bodily Injury" resulting
from the use of reasonable force to protect persons
or property.
b. C.ontrectual Liability
"Bodily Injury" or "property damage' for which the
insured Is obligated to pay damages by reason of
the assumption of liability In a contract or
agreement. This exclusion does not apply to
liability for damages:
(1) Assumed in a contract or agreement that is an
"insured contract" provided the laodlly injury"
or 'property damap" occurs subsequent to
the execution of the contract or agreement; or
(2) That the insured would have in the absence of
the contract or agreement:
c. Work Completed or Put to Intended Use
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence' and arises out oi: d.
(a) Operations performed for you by the
"contractor" at the location specified in the
Declarations; or
(b) Your ads or omissions in connection with
the general supervision of such c.
operations; and
(2) The "bodily injury" or "property damage"
occurs during the policy period.
c. Damages because of "bodily injury" Include
damages claimed by any person or organization
"Bodily injury" or "property damage" which occurs
after the earner of the following trines:
(1) When all 'work" on the project (other than
service, maintenance or repairs) to be
performed .tor you by the "contractor" at the
site of the covered operations has been
completed; or
(2) When that pottion of the "contractor's" Vork,"
out of whi the Injury or damage arises, has
been put 10 its Intended use by any person or
organization, other than another contractor or
subcontractor working directly or Indirectly for
the "contractor" as pan of the same project
Acts or Omissions by You and Your Employees
"Sodly injury" or "property damage" arising out of
your, or your employees', acts or omissions other
than general supervision of "work" performed for
you by the "contractor."
Workers Compensation and Similar Laws
Any obligation of the insured under a workers
compensation, disability benefits or unemployment
compensation law or any similar law.
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I. Employer's I.fabirrty
(b) At or from any premises, site or location
"Bodily injury" to:
which is or was at any time used by or for
any insured or others far the handling,
(1) An "employee" of the insured arising out of
storage, disposal, processing or treatment
and In the course of:
of waste;
(a) Employment by the Insured; or
(c) Which are or were at arty time trarmported,
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(b) Performing duties related to the conduct of
handled, stored, treated, disposed of, or
Processed as waste by or for any insured
the Insured'o business; or
or any person or organization for whom
(2) The spouse, child, parent, brother or sister of
you may be legally responsible; or
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that "employee" as a consequence of
(d) At or from any premises, site or location
paragraph (1) above.
on which any insured or any contractor: or
This exclusion applies:
subcontractors working directly or
(i) Whether the Insured may be liable as an
mdrectly on any Insured's behalf are
Performing opsratkms:
employer or In any other capacity; and
(2) To any obligation to share damages with or
to
ft (1) I a pollutants era brought on n in
premises, bits or location in
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repay someone else who must damages
Pay
connection with such operations by
because of the injury,
ouch insured, contractor or
This exclusion does not apply to lability assumed
subcontractor; or
by the Insured under an 'Insured contract.•
(i) If the operations are to test for,
9. Damage to Property
monitor, cleanup, remove. contain,
treat, detoxlfy+ or neutralize, or in arty
"Property damage" to:'
way respond to, or assess the effects
(1) Property you own, rent, or occupy,
Of pollutants.
47
(2) Property loaned to you;
Subparagraphs (a) and (dX1) do not apply to
"bodly injury" or `property damage" arising out
(3) Personal property In the care, custody or
of heat, smoke or fumes trorn a hostile firs.
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dontroi of the Insured; or
As used in this exclusion, a hostile fire means
(4) 'Work" performed for you by the "oontractor."
one which becomes uncontrollable or breaks
h. War
out from where it was intended to be.
"godly injury" or °property damage" due to war,
(2) Any loss, cost or expense arising out of any:
(
whether or not declared, or an act or condition
y
(a) Request, demand or order that any
Incident to war. War includes civil war, insurrection,
Insured or others test for, monitor, clean
rebellion or revolution. This exclusion applies only
up, remove, contain, treat, detoxity or
to:
neutralize, or in any way respond to, or
(1) Liability assumed under an '"insured contract";
assess the effects of pollutants; or
or
(b) Claim or "suit" by or on behalf of a
(z) Expenses for first aid.
governmental authority for damages
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because of testing for, monftwing,
L Mobile Equipment
cleaning up, removing, containing,
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`Bodily injury" or "property damage" arising out of
treating, detoxifying or neutralizing, or In
any way responding to, or assessing the
the use of "mobile equipmere in, or while in
effects Of pollutants.
practice for, or while being prepared for, any
prearranged racing, speed, demolition, or stunting
Pollutants means any solid, liquid, gaseous or
�»
activity.
thermal irritant or contaminant, fidudina smoke,
Pollution
Vapor, soot, fumes, acids, atkafis, chemicalls and
waste. Waste lndudes materials to be recycled,
(1) "Bodily injury" or "properly damage" arising out
reconditioned or reclaimod.
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of the actual, alleged or threatened discharge, k
Damage to Impaired Property or Property Not
dispersal, seepage, migration, release or
physical Injured
� j
escape of poilulaMs:
f"^
(a) At or from arty promises, sfte or location
red prape or
pr damage" "imp2physically injured,
property that has not been psically nured,,
whloh is or was at any tune owned or
wising out of:
.
occupied by, or rented or loaned to, any
cu
insured;
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(1) A defect, deficiency, inadequacy or dangerous
condition In Nmrk' performed for you by the
"contractor"; or
(2) A delay or failure by you or anyone acting on
your behalf to perform a contra" agreement
in accordance with its terms.
This exclusion does not apply to the loss of use of
other property arising out of sudden and accidental
physical injury to 'work" performed for you by the
"Contractor. m
SUPPLEMENTARY PAYMENTS
We will pay, with respect to any claim or "suit" we defend:
I. All expenses we incur.
2. Up to $260 for cost of baH bonds required because of
accidents or traffic law violations arising out of the use
of any vohicle to which this Insurance applies. We do
not have to furnish these bonds.
S. The cost of bonds to release attachments, but only for
bond amounts within the appr'aNs limit of Insurance.
We do not have to furnish these bonds.
4. All reasonable expenses incurred by the insured at our
request to assist us in the investigation or defense of
the claim or "suit," including actual loss of samings up
to $100 a day because of time off from work.
6. All costs taxed against the insured in the 'null."
6. Prejudgment interest awarded against the. insured on
that part of the judgmard we pay. If we make an offer to
pay the applicable limit of insurance, we will not pay
any prejudgment kitenest based on that period of time
after the otter.
7. All interest on the ful amount of any judgment that
accrues after entry of the judgment and before we have
paid, offered to pay, or deposited in court the part of the
judgment that is within the applicable limit of Insurance.
8. Expenses Incurred by the Insured for first aid to others
at the time of an acclderrL for 'bodly Injury' to which
this Insurance applies.
These payments will not reduce the limits of Insurance.
SECTION 11—WHO IS AN INSURED
y. If you are designated Inthe Declarations as:
a. An individual, you and your spouse are insureds.
b. A partnership or joint venture, you are an insured.
Your members, your partners, and their spouses
are mist) Insureds. 1wt only with respect to their
dunes as partners or members of a joint venture.
c. An organization other than a partnership or joint
venture, you are an insured. Your "executive
• officers" and diract are insureds, but only with
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respect to their duties as your officers or directors.
Your stockholders are afro Insureds, but only with
raspect to their IiabHity as stockholders.
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2. Each of the lollowing is also an ftured:
a. Any person (other than your employee) or any
organization while acting as your toll estate
manager.
b. Any person or organization having proper
temporary custody of your property If you die, but
may:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
c. Your legal representative if you die, but only with
respect to duties as such. That representative will
have all your rights and duties under this Coverage
Matt.
No person or organization is an insured with respect to the
conduct of any current or past partnership or joint venture
that Is not shown as a Named Insured in the Declarations.
SECTION III — LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations and
the rules below fix the most we will pay regardless of
the number oh
a. Insureds;
b. Claims made or •suits" brought; or
c. Persons or organizations making claims or bringing
,suits."
"
2. The Aggregate Limit is the most we will pay for the sum
of damages because of all "bodily injury" and "property
damage."
S. Subject to Z above, the Each occurrence Limit Is the
most wo will pay for the sum of damages because of all
"bodily injury" and "property damage" arising out of any
one occurrence."
If you designate more than one project In fhe Declarations,
the Aggregate Urnit shall ap* separately to each project.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to any
remaining period of less than 12 months, starting with the
baginning of the policy period shown in the Declarations,
unless the policy period is extended sitar Issuance for an
additional period of less than 12 months. in that case, the
additionat period wltl be deemed part of Im last preceding
period for purposes of determining the Limits of insurance.
SECTION IV -CONDITIONS
1. Benkruptoy.
Bankntptay or insolvency of the insured will not relieve
us of our obligations under this Coverage Part.
2. Cancellation.
a. The first Named Insured shown in the Declarations
may cancel this policy by mailing or delivering to
us advance written notice of cancellation.
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b. We may cancel this policy by mailing or delivering
to lira first Named Insured and the "contractor'
written notice of cancellation at least
(1) 10 days before the effective date of
cancellation If we cancel for norf-ppayment of
premium; or
(2) 30 days before the effective date of
cancellation If we cancel for any other reason.
a. We will mail or deliver our notices to the fast
Named Insured's and the 'contractor's" last mailing
address known to us.
d. Notice of cancellation will state the eflective date of
cancellation. The policy period will and on that
date.
e. If this policy Is carc:elied, we will send the
"contractor" any premium refund due. If we cancel,
the refund will be pro rata. If the first Named
Insured cancels, the refund may be less than pro
rota. The cancellation will be effective even It we
have not made or offered a refund.
f. If notice is mailed. proof of msling will be sufficient
proof of notice.
• & Changes.
This policy contains all the agroements between you,
the 'contractor" and us concerning the insurance
afforded. The first Named Insured shown In the
Declarations and the "contractor~ are authorized to
make changes In the tones of this policy with our
consent. This pohcy"s terms rare be amended or waived
only by endorsement issued by us and made a part of
this policy. .
4. Duties In The Event Of Occurrence, Claim Or Suit.
a_ You must see to it that we are notified as soon as
r practicable of an "occurrence" which may result In
! a claim. To the extent possible, notice should
include:
(1) How, when and where the "ocamence" took
Place;
(2) The names and addresses of any Injured
7 persons and witnesses; and
(3) The nature and location of any Injury or
damage arising out of the "occurrence."
b. If a claim Is made or "suit• Is brought agairtst any
insured, you must:
(1) immediately record the specifics of the claim
or "suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to It that we receive written notice of
the claim or "suit" as soon as practicable.
c. You and any other involved insured must:
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(1) Immediately send us copies of any demands,
notices, summonses or legal papers received
in connection with tho claim or "suit":
(2) Authorize us to obtain records and other
information:
(3) Cooperate with us in the investigation,
settlement or defense of the claim or "suit";
and
(4) Assist us, upon our request, In the
enforcement of any right against any person or
organization which may be Ilable to the insured
because of Injury or damage to which this
insurance may also apply.
d. No insureds will, except at their own cost,
voluntarily make a payment, assume any
obligation, or incur any expanse, other than for first
aid, without our conssnL
6. t=_xambudion Of Your Books And no=*%.
We may examine and audit your books and records as
weft as the "contractor's" books and records as they
relate to this policy at arty time during the policy period
and up to three years afterward.
6. Inspections And Surveys.
We have the right but are not obligated to:
e. Make inspections and surveys at any time;
b. Give you reports on the conditions we find; and
c. Recommend changes.
Any inspections, surveys, reports or recommendations
relate only to insurabMV and the premiums to be
charged. We do not make 'safety inspections. We do
not undertake to perform the duty of any person or
organization to provide for the health or safety of
workers or the public. And we do not warrant that
conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, Codes or standards.
This condition appfres not only to us, but also to any
rating, advisory, rate service or similar organization
which makes Insurance Inspections, surveys, reports or
recommendations.
7. Legal Action Against U3.
No parson or organization has a right under this
Coverage Part:
a To join us as a party or otherwise bring us Into a
"sutt" asking for damages from an insured; or
b. To sue us on this Coverage fart unless all of its
terms have been fully complied with.
A person or organization may sue us to recover on an
agreed settlement or on a final judgment against an
Insured obtained after an actual trial; but we will not be
liable for damages that are not payable under this terms
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71 of this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed settlement
moans a settlement and release of liability signed by
us, the insured and the claimant or the ctalmant's legal
ropmsontative.
t. _
12. Transfer Of Rights Of Recovery Against Others To
Us.
6. Other 4tsuranco.
The insurance afforded by this Coverage Part Is
primary insurance and we will not seek contribution
from any other insurance available to you unless the 13.
other insurance is provided by a contractor other than
r" the designated "contractor" forme same operation and
job Iota- lion designated in the Declarations. Then we
will share with that other Insurance by the method
described below.
If all of the other Insurance permits contribution by
equal shares, we wilt follow Us method also. Under
this Approach, each insurer contributes equal amounts
until it has pald its applicable limit of insurance or none
of the loss remains, whichever comes first.
If any of the other Insurance does not permit
contribution by equal shares, we wiil1 contribute by
limits. Under this method, each insurers share is based
on t w ratio of its applicable limit of insurance to the
total applicable limits of insurance of all insurers.
6. Premiums.
The "contractor':
If the insured has rights to recover all or part of any
paymont we have made under this Coverage Part
those rights are transferred to us. The insured must do
nothing after loss to impair them. At our request, the
insured will bring "suit" or translat those rights to us
and help us erdorve them.
When We Do Not Renew.
it we decide, not to renew this Coverage Part, we will
mail or deriver to the first Named Insured shown in ft
Declarations written notice of the nonrenewal not loss
than 30 days before the expiration date.
If notice Is mailed, proof of matting will be sufficient
proof of notice.
SECTION Y—DEFINITIONS
I. "Auto" means a land motor vehicle, trailer or semftralior
designed for travel on public roads, Including any
attached machinery or equipment. But "auto` does not
Include arnabile equipment."
2. 'Bodily in#iay" means bodly iMury, sickness or disease
sustained by a person, Including death resulting from
any of these at any time.
3. "Contractor' means the contractor designated In the
Declarations.
a. is responsible for the payment of all premiums; and 4. "Employee" includes t 'leased worker." "Employee"
b Will be the payee for any return premiums we pay does not include a "temporary worker."
10. Premium Audit
e. We will compute all prerniurns for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as advance
premium is a deposit premium only. At the close of
each audit period we will compute the earned
premium for that period. Audit premiums are due
and payable on notice to the 'contractor." If the
sum of the advance and audit premiums paid for
the policy period is greater than the earned
premium, we will return fhe excess to the
`contractor."
c. The 'contractor" must keep records of the
Information we need for premium computation, and
send us copies at such tunes as we may request.
Separation Of Irozeds.
apt with respect to the UmIts of Insurance. and any
rights or duties specifically assigned in this Coverage
Part to the first Named Insured. this Insurance applies:
e. As If each Named Insured were the only Named
Insured; and
b. Separately to each Insured against whom claim Is
made or `suit" is brought.
r CQ 00 0910 93
AUG-2o-99 THU 3:56 PM
6. "Executive off[cor" means a person holding any of the
officer positions created by your charter, constitution,
by -taws or any other similar goverritnQ document.
G. "Impaired properly" means tangible property, other
than work porfWnod for you, that cannot be used or is
less useful because:
a. It Incorporates work performed for you that is
known or thought to be defective, deficient,
inadequate or dangerous; or
b. You have failed to Will the terms of a contract or
agreement;
it such property can be restored to use try:
A. The repair, replacement, adjustment or removal of
the work performed for you; or
b. Your fulfflfmg the farms of the contract or
agreement
7. "Insured contract" means:
e. A tease of promises;
b. A sidetrack agreement;
r~ Any easement or license agreement, except in
connection with construction or demolition
operations on or within 50 feet of a raitraad;
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d. An obligation, as required by ordinance, fo
Indemnify a municipality, except in connection with
work for a municipality; or
e. An elevator maintenance agreement.
a. "Leased worker" means a person leased to you by a
labor leasing firm under an agreement between you
and the labor leasing firm, to perform duties related to
the conduct of your business. "Leased worker" does
not include'a "temporary worker."
S. "Mobile equipment" means arry of the following types Of
land vehicles. Including any attached machinery or
equipment
a. Bulldozers, farm machinery, foridlb and other
vehicles designed for use principally off public
roads;
16 010
C4 00 09 10 93
(a) Snow removai;
(b) Road malotenance, but not construction or
resurfacing: or
(c) Street clearing;
(2) Cherry pickers and similar devices mounted on
automobile or truck chassis and used to raise
or lower workers; and
(3) AJr compressors, pumps and generators,
including spraying, welding, building cleaning,
geophysical oploration, lighting and well
servicing equipment.
10. "Occurrence" means an accident, including continuous
or repeated exposure to substantially the same general
harmful conditions.
b. Vehicles maintained for use solely on or next to 11.
premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, Maintained
primarily to provide mobility to permanently
mounted:
(1) Power cranes, shdwels, loaders, d1ggers ar
ddils; or
(2) Road construction or resurlacing equipment 12.
such as graders, scrapers or rollers;
a. Vehicles not described in a, b., c. or d. above that
are not self-propelled and are maintained primarily
to provide mobility to permanently attached
equipment of the following types:
(1) Air compressors, pumps and generators,
Including spraying, welding, building cleaning,
geophysical exploration, lighting and well
servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
1. Vehicles not described In a., b., c. or d. above
maintained primarily for purposes other than the
transportation of persons or cargo.
'Property damage' means:
a. Physical injury to tangible property, including all
resulting loss of use of that property. All such loss
of use shall be deemed to occur at the time of the
physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured All such loss of use shall be
deemed to occur at the time of the "oommenoe"
that caused It
"Suit" means a Civil proceeding, brought in the United
Statas of America (including Its territories and
possessions), Puerto Rlco and Canada, in which
damages because of "bodily injury" or "property
damage" to which this insurance applies are alleged.
"Suit" includes-
e. An arbitration in which such damages are claimed
and to which you must submit. or do submit with
our consent; or
b. Any other alternative dispute resolution process in
which such damages are claimed and to which you
submit with our consent.
IS. 'Temporary worker° means a person who is tumtshed
to you to substitute for a permanent "employee" on
leave or to most seasonal or short-term workload
conditlons.
However, self-propelled vehicles with the following 14.
types of permanently attached equipment are not
"mobile equipment" but will be considered "autos":
(1) Equipment designed primallyfor:
00000911093
r- AUG-26-99 THU 3:57 PM
"Work" includes materials, parts or equipment
furnished In connection with the operations.
6
Copyright, Insurance Services Office, Inc.,1992
972 770 1699
P. 10
No Text
r
08/26/09 THU 15:49 FAX 972 770 1699
IIMT DALLAS N oil
CG 28 55 43 93
THiS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IiT CAREFULLY.
TEXAS CHANCES - CANCELLATION AND NONRENEWAL
This endorsement modifies insurance provided_under the following -
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
A. Paragraph b. of the Cancellation Condition is replaced
by the following:
b. We may cancel this policy by malting or
delivering to the first Named Insured and the
'contractor" written notice of cancellation,
stating the reason for cancellation, at least 10
days before the offoctive date of cancellation.
(1) If this policy has been In effect for 60 days
or less, we may cancel for any reason
except, that under the provisions of the
Texas Insurance Code, we may not cancel
this poll y solely because the policyholder
is an elected official.
(2) If this policy has been In effect for more
than 60 days or if it Is a renewal or
continuation of a policy issued by us, we
may cancel only for one or more of the
following reasons:
(a) Fraud in obtaining coverage;
(b) Failure to pay premiums when due;
(c) An increase In hazard within the
control of the insured which would
produce an Increase in rate;
(d) Loss of our reinsurance covering all or
part of the fisk covered by the policy,
or
(e) If we have been placed in supervision,
conservatorship or receivership and
CG 28 55 03 93
AUG-26-39 THU 3:58 PM
the cancellation is approved or
directed by the supervisor.
conservator or receNer.
B. The following Condition is added and supersedes any
provision to the contrary:
NONRENI'WAL
1. We may elect not to renew this policy except, that
under the provisions of the Tom Insurance Code,
we may not refuse to renew this policy solely
because the policyholder is an elected otficial.
Z If we elect not fo renew this policy, we may do so
by mailing or delivering to 1he first Named Insured
and the 'contractor,' at the last mailing address
known to us, written notice of nonrenewal, stating
the reason for nonrenewal, at least 60 days before
the expiration date. if notice Is mailed or delivered
less than 60 days before the expiration date, this
policy will remain in effect until the slst day after
the date on which the notice Is malted or delivered.
Earned premium for any period of coverage that
mUnds beyond the expiration date will be
computed pro rata based on the previous year's
premium.
S. It notice is mated, proof of mailing will be sufficient
proof of notice.
4. The transfer of a policyholder between admitted
companies within the name insurance group is not
considered a refusal to renew.
Copyright, Insurance Services Office, Inc.. 1923
972 770 1699
P. 1 I
No Text
08/26/99 MT 15:50 FAX 972 770 1699 KIMT DALLAS 16012
:'_
yOMMERCIAL Cd>wIJi:RAL LIABILITY
CG 010310 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS CHANGES -CONDITIONS REQUIRING NOTICE
This endorsement modifies insurance provided under ft following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCT&COMPLETED OPERATIONS LIABILITY COVERAGE PART
With regard to Bodily Injury and Property Damage LIabllity, unless we ars prejudiced fry the insured's or your failure to
comply with the requirement, any provision of this Coverage Part requiring you w any insurad to give notice of
"OWArenCe", claim or "suit", or forward demands, notices, summonses or legal papers In connection with a claim or "suit"
will not bar coverage under this Coverage Part.
CG 0103 10 93 Copyright, Insurance Services Office. Inc., I
AUG-26-99 THU 3:58 PM 972 770 1699
F. 12
No Text
No Text
No Text
iR
i�
71 CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 101h day of June, 1999 by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so,
hereinafter referred to as OWNER, and Lydick -Hooks Roofing Company of Lubbock, Inc. of the City of Lubbock,
County of Lubbock and the State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
!^ described as follows:
II
BID #99098 - ROOF REPLACEMENT OF GARDEN AND ARTS CENTER, CITY WAREHOUSE, RADIO SHOP &
FLEET SERVICES BUILDINGS - $176,636.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
rproper 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.
71,
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.
C BOC TEX WN )
By:
MAYOR
APPROVED AS TO FORM:
Ci Attorney
ATTEST:
Corporate Secretary
I
CONTRACTOR:
LYDICK-HOOKS ROOFINQ CO
By:
r
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OF LUBBOCK, INC.
COMPLETE ADDRESS:
LYDICK-HOOKS ROOFING COMPANY OF LUBBOCK, INC.
P.O. Box 2605
Lubbock, Texas 79408
No Text
No Text
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17 GENERAL CONDITIONS OF THE AGREEMENT
OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Pa is used it shall be understood to mean the person,
Party, p persons, co-
partnership or corporation, to wit LYDICK-HOOKS ROOFING COMPANY OF LUBBOCK, INC. who has agreed
rj to perform the work embraced in this contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative GARY SMITH, FACILITIES MANAGER, 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 Owner's Representative, but shall not directly supervise the Contractor
or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
f Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder
for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to
r herein as the "contract" or "contract documents".
5. INTERPRETATION OF PHRASES
rWhenever the words "Directed," 'Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
i words of like import are used, it shall be understood that the direction, requirement, permission, order, designation
or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable,"
"Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's
i Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
" Subcontractor.
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.
8. 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, furnish satisfactory evidence as to the kind and quality of materials. Materials or
work described in words which so applied have well known, technical or trade meaning shall be held to refer such
recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment. —
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all —
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished 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 furnished 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.
2
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative has the authority to review all work included herein. The Owner's Representative has the authority
to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. The
I Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under 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 Owner's Representative shall be
conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may
deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said
material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall
furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the
proper inspection and examination of the work. The Contractor shall regard and obey the directions and
instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and
t� instructions are consistent with the obligations of this Agreement and accompanying plans and specifications
4 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 Owner's
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
r
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory
to Owner's Representative. The superintendent shall represent the Contractor in 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 Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's 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
Owner's 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 Owner's
Representative and Contractor.
r
i
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 WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform 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.
4
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iv inspections, s rapprovals
Neither observations by the Owner or Owner's Representative, nor inspect ns, tests, o made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
P� inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
r
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
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
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.
i' 24. EXTRA WORK
F�
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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
t 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
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
5
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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.
6
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27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
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
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
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
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
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
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,
shall be accompanied by a statement from the Contractor to the effect that no work on this particular
E 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 $1,000,000.00
Combined Single Limit in the aggregate and per occurrence to include:
Premises and Operations
FExplosion & Collapse Hazard
Underground Damage Hazard
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Products & Completed Operations Hazard
Contractual Liability —
Independent Contractors Coverage
Personal Injury
Advertising Injury
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $1,000,000.00 Combined Single _
Limit. This policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500,000.00 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and
Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job
and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance/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.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of JQ.00 on all contracts with
coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.00.
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
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
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provide services on the project. "Services" include, without limitation, providing, hauling, or
P P 1 P 9 9
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 filing 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:
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(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.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
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8 If policy limits are aid new policy must be secured for new coverage to complete project.
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(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
govemmental 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:
F
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;
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;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
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(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)-(viii), with the certificate of coverage to be provided to
the person for whom they are providing services.
F29. 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.
r" 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS
I
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
ii (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.
l 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
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 loss on account thereof, except
that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is specified or
required in these contract documents by Owner; provided, however, if choice of alternate design, device, material
or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, 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
r " Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
t , Representative prior to bidding.
F
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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
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall
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
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
4 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
^' employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public
Ienemy, 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.
I•'
37. HINDRANCE AND DELAYS
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
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
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, 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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E.
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
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 31 st 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
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.
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
shall appear within a period of one (1) year from the date of certification of final completion by Owner's
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.
(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
would have been the cost to complete the work under this contract, the Contractor or his Surety shall be
credited therewith.
18 -"
r
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.
4I' 49. LIMITATION ON CONTRACTOR'S REMEDY
! i The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
j 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
I
project which is the subject matter of this contract.
i;
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.
I^
F19
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 borne 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
Hazardous Substance, 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.
c,
20
No Text
No Text
r%c30LUCLaJU .i, OLOL
,I
Item No. 39
RESOLUTION April 8, 1999
1. 1
1 WHEREAS, the City Council has heretofore established the general prevailing
rate of per diem wages for each craft or type of workmen or mechanics needed to execute
j"public works contracts for the City of Lubbock in accordance with the provisions of
C i Vernon's Ann. Civ. Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719 enacted .
February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984. further
updated by Resolution No. 2502 enacted January 8, 1987, further updated by Resolution
No. 5721 enacted March 14, 1996, and amended by Resolution No. 6138 enacted
December 16, 1998; and
WHEREAS, such rates need to be updated at the present time in order to reflect
the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works contracts
shall be as set forth in the following named exhibits, which exhibits shall be attached
hereto and made a part hereof for all intents and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction
Exhibit C: Overtime Rate
Exhibit D: Legal Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing rate of per
diem wages in all localities where public works are undertaken on behalf of the City of
Lubbock and such wage rates shall be included in all public works contracts as provided
by law.
Passed by the City Council this 8th day of April_ 9 99.
i
}� WINDY SUJT014, MAN -OR
1i A EST: .
Kayt i Darnell, City Secretary
APPROVED AS TO CONTENT:
Mare Andrews, Managing Director o:
Human Resources
�..► APPROVED AS TO FORM:
�.. Amy L is, Askiiiant City Attorney
gsccdoc ubworks.res
{ Much 25.1999
No Text
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Asbestos Worker
Asbestos Supervisor
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -Heavy
Equipment Operator -Light
Floor Installerr
Glazier
Insulator-Piping/BoHer
Insulator -Helper
Iron Worker
Laborer -General
Mortar Mixer
Painter
Plumber
PIumber-Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder -Certified
Hourly Rate
11.50
12.50
6.25
9.00
12.50
12.50
7.00
11.00
7.00
8.00
11.00
13.75
7.00
9.50
8.50
9.50
10.50
11.50
7.00
11.00
6.00
6.00
9.50
12.50
7.00
9.00
7.00
10.00
7.00
11.00
No Text
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer -General
Laborer -Utility
Mechanic
Mechanic -Helper
Power Equipment Operators
Asphalt Paving Machine
Bulldozer
Concrete Paving Machine
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grader Operator
Roller
Scraper
Tractor
Truck Driver -Light
Truck Driver -Heavy
Hourly Rate
9.00
6.00
8.00
7.00
12.00
6.00
7.00
6.25
6.00
6.75
8.00
7.00
7.75
&00
7.75
7.25
8.00
7.25
9.50
6.75
7.25
7.25
6.50
7.00
No Text
I WC 1:
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair
Labor Standards Act.
:i1: 1
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be.as required by the Fair Labor Standards Act.
No Text
CO
OL
4&b-..I_ _
f
E
,
TECHNICAL SPECIFICATIONS
SECTION 01005 ADMINISTRATIVE PROVISIONS
SECTION 07515 REROOFING
SECTION 07600 METAL ROOFING REPAIRS
SECTION 15000 MECHANICAL
No Text
SECTION 01005
ADMINISTRATIVE PROVISIONS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Work covered by contract documents.
B. Type of contract.
C. Contractor Use of Premises.
D. Owner Occupancy.
1.02 WORK COVERED BY CONTRACT DOCUMENTS
A. Work of this contract involves reroofing and/or roofing repair
at three facilities owned by the City of Lubbock:
1. Garden and Arts Center, 4215 University Avenue.
2. Warehouse and Radio Shop, 302 Municipal Drive.
3. Fleet Services Building, 324 Municipal Drive.
1.03 CONTRACT METHOD
A. Contract for the Work will be a single lump sum contract.
Contractors are ask to identify the specific amount of the
contract summ applicable to each building for budget and
accounting purposes for the City of Lubbock.
1.04 CONTRACTOR USE OF PREMISES
A. Limit use of premises to allow Owner occupancy and use at all
times.
B. Access to site shall be limited to hours that the site
entrance is maintained open by the City, unless specific
arrangements are made with the facility manager.
C. Time restrictions for performing Work shall be limited to
hours that the building is maintained open, unless specific
arrangements are made with the facility manager. Provide written
notice three days in advance of work to be performed after hours,
on weekends, or on holidays.
D. Contractor shall give minimum 48 hours notice to facility
manager prior to any necessary interruption of utility service.
1.05 OWNER OCCUPANCY
1. Owner will conduct normal operations at the premises during
n the entire period of construction.
t�
,,,� 01005-1
2. Coordinate construction schedule and necessary interruptions
with facility manager prior to commencement of construction.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
01005-2
ki SECTION 07515
r REROOFING
PART 1 GENERAL
1.01 SCOPE
A. The work under this section includes all labor, materials,
equipment, storage facilities, services, and supervision
necessary for the satisfactory completion of all reroofing and/or
repair which shall include but not be limited to the following:
1. Removal of existing built-up membrane roofing system to the
extent indicated on the Drawings.
2. Removal of designated roofing, electrical and mechanical
accessories and components to be discarded or retained for
reinstallation as noted.
3. Roof Insulation - Flat and/or Tapered as noted.
4. Tapered Cant Strips
5. Built-up Modified Bitumen Membrane Roofing and Base Flashing
System
6. Metal Flashings, Fascias, Gutters, Downspouts, Downspout
Boots and Splash Pans
7. Miscellaneous Wood Blocking and Nailers
8. Premolded Expansion Joint Covers
9. Prefabricated Equipment Mounting Supports
10. Prefabricated Curb at Evaporative Coolers
11. Skylights
12. Roof Hatch
13. Steel Access Ladder
14. Premolded Pipe Supports and Spacer Blocks
15. Electrical Conduit, Wiring and Disconnect Switches
16. Caulking and Sealants
1.02 ROOFING SYSTEM DESCRIPTION
A. Built-up Roofing System: Three plies fiber glass felt and
modified asphalt granule surfaced roll roofing over rigid
insulation.
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1.03 SUBMITTALS
0 7 515 -1
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P
A. Prior to starting any work, the contractor shall submit copies
of manufacturer's literature for each required product. This "-
information shall include product description and applicable
quality standards, and conform to the requirements of this
specification.
B. Furnish to the Architect one full scale sample section (12"
long Min.) of each profile of cap flashing/fascia unit required.
Field verify exact size/profile requirements.
C. Physical samples of other products to be used must be made
available, if requested.
1.04 QUALITY ASSURANCE
A. The roof contracting company is to designate one of its
employees to function as the quality control administrator. It
will be that person's responsibility to monitor the application
to assure that all specifications and requirements are being
met.
B. Work in this section must comply with all manufacturer's
specifications and good roofing practice. Any deviation must be
authorized by the materials manufacturer and the owner's
representative.
C. Defective applications, regardless of cause, must be removed
and replaced in accordance with the application specification.
1.05 REGULATORY REQUIREMENTS
A. It is the roof contracting company's responsibility to confirm
that the roof system specified is in compliance with local codes
in addition to other hazard classification(s) which may be
included in this section.
1.06 ASBESTOS CONTAINING ROOFING MATERIALS (ACRM)
A. Contractor shall conduct roof removal work in compliance with
Local, State, and Federal regulations pertaining to the removal
of Intact Incidental ACRM.
B. Should suspected ACRM be uncovered at any time during the
reroofing work, the Contractor shall immediately notify the
Project Architect. Temporary roofing shall be applied as
required for weather protection until ACRM Testing and Removal
Measures have been addressed by the Owner.
1.07 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Deliver materials to the job site in clearly marked
manufacturer's original unopened containers. Bulk shipments must
be accompanied by a bill -of -lading which clearly defines the
product. Packaged materials must be identified by labels which
are intact and legible.
07515-2
4�
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B. Handle and store all materials carefully in accordance with
manufacturer's recommendations.
C. Continuously protect materials against moisture by storing
them in enclosures or raised platforms with protective canvas
ll covers. Plastic wrap should be removed or opened in a way to
avoid condensation on the inside.
D. Protect materials against damage by construction traffic.
E. Store all roll materials on end.
F. Wet or damaged materials shall be conspicuously marked and
removed from the job site as soon as possible.
G. Equipment, kettles, or tools which contain combustible
materials must be handled carefully and in compliance with all
codes, regulations, guidelines, and good common sense.
1.08 ENVIRONMENTAL REQUIREMENTS
A. Do not attempt to apply the roof assembly when the threat of
inclement weather exists. Areas of uncompleted membrane exposed
to rain, snow, or other sources of moisture will be subject to
removal and replacement.
B. Complete sections of the total membrane/insulation assembly
must be completed in one operation. Phase construction is not
acceptable.
C. It is recommended that the application of roll materials take
place at temperature at or above 45 degrees F. When this is not
C� practical, special procedures must be instituted to assure that
recommended application temperatures and material pp p quantities are
closely followed without exceeding maximum heating temperatures.
When the air temperature, including wind chill, is too low to
assure immediate bitumen penetration and felt adhesion, all work
will stop until conditions improve. Contractor shall follow
�^ manufacturer's written recommendations for cold weather
application of roll roofing systems.
1.09 WARRANTY - BUILT-UP ROOFING SYSTEM
A. Manufacturer's Warranty: The Contractor shall provide a
warranty from the Primary Materials Manufacturer that covers
defects in materials and workmanship for a period of twenty years
(20 yrs.), and the warranty shall have no limit to the penal
SUM.
B. Contractor's Warranty: The contractor shall provide a
notarized document from an authorized agent on company letterhead
stating the following:
"The building, roofing membrane, and flashings are in
conformance with all the requirements of the manufacturer and
qualify for the Guarantee (maximum guarantee available) from
I (manufacturer selected).
Oft 07515-3
In addition, should leaks occur within the first two (2)
years, the roofing contractor shall make repairs as required to
maintain the roof in water tight condition, in conformance with
the requirements in these contract documents, and the
requirements of the manufacturer.
Damage resulting from winds in excess of 70 mph, hail, fire,
unusual structural movement, structural failure, and abuse are
excluded from this agreement.
This agreement in no way absolves the contractor or manufacturer
from any implied or expressed warranties or fitness for
purpose."
PART 2 PRODUCTS
2.01 MEMBRANE ROOFING SYSTEM PRODUCTS AND MATERIALS
A. Acceptable Manufacturer(s): This Specification is written
with Tamko 108FR, 20 year NDL warranty, membrane roofing system
as the quality basis. Corresponding systems by the following -�
manufacturers shall be considered as acceptable equals.
1. Tamko Asphalt Products, Inc.
2. Schuller Commercial/Industrial Roofing Systems
3. GAF
2.02 INSULATION
A. Fesco Perlite Roof Board, ASTM C-728; thickness: 1"; R-Value:
2.78
B. Tapered Fesco Perlite Roof Board, ASTM C-728; tapered for 1/4"
per ft. slope
2.03 SHEET MATERIALS
A. Sheathing at Wood Decks: Red rosin paper, unsaturated
B. Base Sheet at Wood Decks: Tamko Glass -Base, ASTM D 4601 Type
II
C. Fiberglass Ply Sheets: Tamko Tam -Ply IV, ASTM D 2178 Type IV
D. Surface Sheet: Tamko AWAPLAN PREMIUM FR
E. Flashing Material: Tamko AWAPLAN PREMIUM FR
2.04 BITUMEN (Interply)
A. Asphalt, ASTM D 312, Type III
2.05 ACCESSORIES
07515-4
f'
A. Cants
preformed for a
45 degree angle
and 4 inch rise.
Asphalt impregnated
wood
or perlite board.
B. Where
indicated on the
drawings, use
treated wood nailers or
blocking,
sizes and profiles
as detailed
and as required by
specific
conditions. The
wood shall be
pressure -treated with a
water -borne preservative
compatible with
the roof membrane
"
system.
C. Expansion Joint Cover: International Permalite SMF Special
Metal Expansion Joint Cover, Style CS.
D. Pipe Support Type 1: Miro Industries, Inc. Pillow Block
Pipestand Model 02 with Miro Pipe Strap.
E. Pipe Support Type 2: Miro Industries, Inc. Pillow Block
Pipestand Model 24-R with Miro Pipe Strap.
F. Pipe Support Spacer Blocks: Miro Industries, Inc. Pillow Block
Pipestand Model 02 Spacer.
G. Prefabricated Equipment Mounting Support: ThyCurb Model TEMS-
3; 12" high, 4" wide; 18 gauge.
H. Prefabricated Curb at Evaporative Coolers: ThyCurb Model TC-3;
16" high; 18 gauge.
I. Surface Mounted Reglet and Counterflashing: Fry Springlok
Flashing System Type SM-Surface Mounted (Expand-O-Seal)
J. Prefinished Fascias, Gutters, Downspouts and Copings:
1. Sheet Metal Material: ASTM A792/A792M-AZ50, grade 50 high
strength Galvalume; 24 gauge; MBCI Signature 300 finish.
2. Sizes and profiles of cap flashing/fascia units shall be as
detailed, modified only as required by specific existing
conditions or if the major materials manufacturer requires a
revised detail in order for the total roof system to be eligible
for the specified warranty. In this case the manufacturer's
requirement(s) shall govern. The roofing contractor shall
provide ADVANCE notice of ALL conditions which will be revised
from the existing or detailed profiles due to warranty
requirements.
K. Miscellaneous Sheet Metal Flashing, Counterflashings, Pitch
Pans, Gutters, Scuppers and Splash Pans (not indicated as
prefinished): galvanized sheet steel; gauge as indicated on
drawings, profiles as detailed.
L. Lead Flashing: 2-1/2 Lb. per square foot minimum sheet lead;
use prefabricated lead flashing assemblies at all plumbing vents
through the roof.
M. Skylights: Naturalite/EPI Model LDD 5252; mill finish
aluminum; 2447 White acrylic glazing.
r
07515-5
E
N. Roof Hatch: Precision Stair Corporation PLH-A 2'-0" x 2'-011;
.090" H-14 3003 aluminum.
0. Steel Access Ladder: Custom fabricated per drawings.
P. Downspout Boots: McKinley Type DS-8, 48"
2.06 SEALANTS
A. In Contact With Roofing Membrane: Neoprene based sealants
compatible with modified asphalt products; Blackjack 10/10 or
equal.
B. At Flashing Reglet: Two part polyurethane; Sonneborn
Sonolastic NP-II or equal.
2.07 ELECTRICAL CONDUIT
A. Rigid Steel Conduit: Rigid, threaded, thick wall; galvanized
inside and outside, or galvanized outside with a protective
coating inside; UL listed and labeled according to Standard UL6;
conforming to ANSI Standard C80.1; Pittsburg, Republic Steel, --
Robroy or Allied.
B. Electrical Metallic Tubing (EMT): Steel tubing, galvanized
outside and provided with a slick corrosion resistant interior
coating; UL listed and labeled according to Standard 797;
conforming to ANSI Standard C80.3; Pittsburg, Republic Steel,
Robroy or Allied.
2.08 CONDUIT FITTINGS
A. Couplings and Terminations for Rigid Steel Conduit: Factory
made steel threaded couplings; bushing at all boxes and cabinets,
with locknuts inside and outside all boxes and cabinets.
B. Couplings and Terminations for Electrical Metallic Tubing:
Join lengths of EMT with steel compression type couplings and
connectors. The connectors shall have insulated throats or a �-
smooth interior so as not to damage the insulation during wire
pulling operations.
2.09 OUTLET BOXES, PULL BOXES AND JUNCTION BOXES
A. UL listed of type and sizes required for condition.
B. Cast Metal Boxes: Cast iron or cast alloy with threaded hubs;
gasketed and weatherproof for exterior use; Crouse -Hinds,
Appleton or Pyle National
2.10 ELECTRICAL CONDUCTORS
A. All wiring shall be same type and size as existing to be
removed.
2.11 DISCONNECT SWITCHES
07515-6
r*
r.
A. Disconnect switches shall be UL listed and shall be meet NEMA
Standard KS1 for Type HD heavy duty switches. Switches shall be
unfused; quick make, quick break; in NEMA 3R enclosures. All
motor circuit switches shall be horsepower rated.
B. Switches shall be of Square D, General Electric, Westinghouse
or ITE manufacture, equivalent to General Electric Type TH quick
make, quick break switches.
PART 3 EXECUTION
3.01 DEMOLITION AND PREPARATION OF EXISTING SUBSTRATE
A. Carefully remove ACRM in strict compliance with governing
regulations.
B. Remove all existing roofing membranes, insulation, parapet
r" caps, gravel guard/fascia components, and composition and metal
flashings in preparation for the installation of the new roof
system.
C. Cut existing membrane roofing at barrel roof portion of Garden
and Arts Center and remove lower portion of roofing as detailed.
D. Remove all mechanical and electrical equipment designated for
removal and which constitute an obstruction to the installation
of the new roof system. Retain or discard items as indicated on
drawings.
E. Remove skylights and roof hatch as indicated.
t� F. Remove no more roof than can be made weather -tight before the
end of that work day.
G. Do not reuse any existing metal flashings, fascia assemblies,
or roof accessories unless specifically noted on the Drawings or
elsewhere in these Specifications.
i H. Where mechanical ducts and interior roof drains have been
removed from metal decks, cover openings with similar decking
material welded to adjacent decking.
tl I. Do not proceed with the installation until all substrate
defects are corrected.
3.02 EXAMINATION
A. Verify that surfaces and site conditions are ready to receive
work.
B. Verify that the deck is supported, secured to its substrate,
I and does not exhibit excessive deflection. Contractor shall
exercise care in loading materials, debris, equipment over the
roof deck, and assume full responsibility for all loading
decisions during the reroofing operation.
l:
.. 07515-7
C. Verify that the deck is clean and smooth, free of depressions
and projections, and has no obstructions to retard drainage of
water.
D. Verify that the surfaces to receive roofing are dry and free
of snow and ice.
E. Verify that roof openings, curbs, pipes, sleeves, ducts, and
vents through the roof are solidly set and fastened into place.
F. Roofing Contractor shall construct, raise, or extend vents,
curbs, etc. as detailed and/or required by roofing manufacturer
for 20 yr. NDL warranty eligibility.
G. Beginning the installation means the installer accepts the
existing surfaces.
H. If the installer finds the substrate unacceptable and outside _
the preparation requirements contracted for, it is to be
immediately reported to the owner's representative in writing.
I. At no time will the installer leave the building open or
exposed to interior damage.
3.03 PROTECTION
A. Protect adjacent building surfaces and landscape against
damage from roofing work. Coordinate work with facility manager
to protect employees and customers, furnishings and equipment,
and to preclude. any significant interference with daily
operations.
B. Store all debris in approved containers, removing it from the
building site as soon as possible. It is the roofing contractors
responsibility to dispose of all debris in a proper and safe
manner.
3.04 DECK PREPARATION
A. Insure that the deck condition meets requirements of the major
materials manufacturer prior to commencing roofing work.
3.05 SHEATHING AND BASE SHEET INSTALLATION (Wood Decks Only)
A. Over the entire deck mechanically fasten one layer of red
rosin sheathing with large head galvanized roofing nails, at
least one nail to each square foot, penetrating 3/4" into wood
deck.
B. Venting base sheet shall be applied in hot mopped asphalt over
entire surface of sheathing.
3.06 INSULATION INSTALLATION
A. Install wood nailers and blocking at roof perimeter, expansion
joints, skylight curbs and roof hatch curb.
07515-8
F:
B. Install prefabricated equipment mounting supports and
prefabricated curbs in accordance with manufacturer's
r recommendations.
C. Wood Decks: Install one layer of 1 inch perlite roof
insulation board set in a solid mopping of steep asphalt at the
rate of 20 pounds per square over the entire roof area.
D. Steel Decks: Mechanically attach one layer of 1 inch perlite
roof insulation board in accordance with manufacturer's
recommended fastener schedule and fastening system over the
entire roof area.
E. Install second and succeeding layers of tapered and flat
perlite roof insulation boards, starting 1/2" thick at roof edge
or scuppers and sloping 1/4" per foot in pattern indicated. Set
in a solid mopping of steep asphalt at the rate of 20 pounds per
square over all of the roof area. Stagger the joints of
succeeding layers so they do not fall within six (6) inches of
the joints in the underlying layer.
F. Lay insulation boards with edges firmly butted but not forced
together. Cut boards to fit neatly to perimeter blocking and
around penetrations through the roof.
G. Install no more insulation than can be made water -tight with
the completed membrane system in the same day.
3.07 MEMBRANE APPLICATION
A. Install membrane in strict accordance with the requirements of
the manufacturer for the roof assembly and warranty specified.
B. Over each deck area exposed for reroofing, the total
membrane/insulation system must be completed at one time. Phase
construction is not permitted.
C. Care must be taken at all locations to seal membrane
penetrations which could allow bitumen to flow into the building,
drains, etc.
D. At the end of each day's work, install water cut-offs anywhere
moisture could enter the assembly. Remove cut-off before
resuming work.
E. When flashings are not immediately installed, strip edge of
membrane to seal out moisture.
F. At all intersections of the plane of roof, walls or curbs, .
install cant strips. Extend roofing felts to the top of the cant
but not more than two (2) inches above. At flat edges, extend
felts to the edge of the roof and turn down over the face to
below the nailer.
3.08 FLASHING INSTALLATION
07515-9
t
A. At all walls, curbs, and edge conditions, install membrane
flashings in accordance with the requirements and details of the
major materials manufacturer.
B. Install new surface applied metal reglet and counterflashing
at all required locations.
C. Apply specified sealant at top of metal surface applied
reglet.
3.09 INSTALLATION OF FASCIAS, SCUPPERS, VENT PIPES, PITCH PANS
AND EQUIPMENT SUPPORTS
A. Seal the membrane at scuppers, vent pipes, electrical
conduits, expansion joints, equipment supports, and any other
roof membrane penetration, in accordance with the membrane
manufacturer's requirements and recommended details.
B. Special care must be taken at all membrane penetrations, to
avoid bitumen drippage into the building.
C. Install fascias, scuppers, vent pipes, ducts, equipment
supports and other items interfacing with the roof membrane, in
accordance with the drawings and manufacturer's recommended
details.
D. Place pitch pans around pipes, conduits and other designated
roof penetration elements and fill completely solid with
bitumen.
3.10 INSTALLATION OF SURFACING MEMBRANE
A. Starting at the low point of the roof, install one layer of
the surface sheet membrane, side lapped 4" and end lapped 6",
solidly adhered to the ply sheet with approximately 23 pounds of
specification asphalt per 100 square feet, heated to above 400
degrees F. at the point of application and mopped no more than 4
feet in front of the roll.
3.11 INSTALLATION OF EXPANSION JOINT COVERS, COPINGS, GUTTERS
AND DOWNSPOUTS
A. Install prefinished metal copings, flashings, gutters and
downspouts in accordance with the drawings.
B. Install expansion joint cover in accordance with
manufacturer's recommendations.
C. Install downspout boots in accordance with manufacturer's --
instructions, with anchors of type and size adequate for positive
attachment to the concrete masonry wall.
3.12 INSTALLATION OF SKYLIGHTS AND ROOF HATCH .
A. Install skylights and roof hatch in accordance with
manufacturer's recommendations
07515-10
i
3.13 INSTALLATION OF STEEL ACCESS LADDER
A. Install access ladder in accordance with drawing and details
after other portions of roofing work are complete
3.14 INSTALLATION OF ELECTRICAL WORK
A. Install all electrical wiring, conduit and switches in
accordance with the provisions of all local, state and national
tl codes, ordinances and regulations governing the work involved.
The Contractor shall be responsible for the final execution of
the Work to suit those requirements. Where specifications and/or
drawings conflict with those requirements, the Contractor shall
notify the Artchitect, shall prepare any supplemental drawings
and information required to illustrate how the work may be
installed so as to comply, and on approval shall make the changes
at no cost to the Owner.
B. Contractor shall be responsible for documenting all existing
wiring sizes, locations and runs in conduit to be removed and
replaced with new material in new construction.
3.15 PIPE SUPPORT INSTALLATION
A. Center pipestand beneath pipe or conduit so that the cradle
allows the pipe to be squarely over and perpendicular to the
cradle of the pipestand.
B. Install spacer blocks to provide clearance heights indicated
on drawings.
C. Secure the pipe to the pipestand with pipe strap and #10
stainless steel screws in the guideholes of each pipestand.
Allow sufficient room between pipe and strap to provide free
movement of the pipe without binding.
D. Attach pipestands to the roof at locations noted on plans.
Screw attach to deck through predrilled holes in pipestand. Fill
pitch pan with asphalt to seal fasteners.
3.16 PAINTING
A. Access ladder, downspout boots, disconnect support frames: 1
coat PPG Speedhide Inhibitive Red Primer 6-208, 2 coats PPG
Speedhide Alkyd Gloss Enamel.
3.17 FIELD QUALITY CONTROL
A. This roof application requires a manufacturer's warranty, it
is the contractor's responsibility to notify and coordinate with
the manufacturer in a timely manner in order for them to conduct
their required inspections.
B. The owner and/or his authorized representative has, without
prior notice, the right to audit all work being performed.
C. Although not a standard quality control procedure for this
application, test cuts may be required in areas where quality is
�.. 07515-11
in question. The cost of these test cuts will be the
responsibility of the roofing contractor.
D. If defects are detected it will be the responsibility of the
installing contractor to take corrective procedures. Any --
corrective procedure must have prior approval of the building
owner or his representative, and the roof materials manufacturer.
If, in the opinion of the building owner or his representative,
or the material manufacturer, the corrective procedures are not
appropriate, the installation in question must be removed and
replaced in an acceptable manner.
3.18 CLEANING AND DISPOSAL
A. Remove bituminous materials from all finished surfaces. _
B. Repair or replace defaced or disfigured finishes caused by
work of this section.
C. It is the installing contractor's responsibility to remove
from the job site, and as necessary, safely dispose of all excess
materials and all debris as a result of the work completed under
this section.
D. ACRM debris shall be disposed of in strict compliance with
governing regulations.
3.19 MEMBRANE PROTECTION
A. The installing contractor shall protect completed roof areas
from damage until the total job is complete and has been
accepted. —
3.20 SIGN (Garden and Arts Center, Warehouse and Radio Shop)
A. Contractor shall provide 10" X 12" minimum size painted sign —
made of aluminum with a dark color background and letters of
contrasting color. Use paint compatible with the aluminum. Make
the sign to read as shown. Permanently post sign on wall near
roof hatch access ladder (exact location as directed).
DO NOT MAKE
REPAIRS OR ALTERATIONS
TO THIS ROOF
WITHOUT APPROVAL
FROM THE CITY OF LUBBOCK
BUILDING MAINTENANCE OFFICE
This roof is guaranteed until (1) by:
ROOFING MANUFACTURER (2)
Address
City, State, Zip Code
Phone: Area Code/Number
Guarantee # (3) —
07515-12
The Roofing Contractor Was:
ROOFING CONTRACTOR (4)
Address
City, State, Zip Code
Phone: Area Code/Number
(1) Insert month and year (20 years after final acceptance
date).
(2) Insert the Manufacturer's name, address and phone
number.
(3) Insert the Manufacturer's Guaranty Number
(4) Insert the Contractor's name, address and phone number.
END OF SECTION
07515-13
No Text
r
SECTION 07600
F
METAL ROOFING REPAIRS
PART 1 GENERAL
1.01 SCOPE
A. The work under this section includes all labor, materials,
equipment, storage facilities, services, and supervision necessary for
the satisfactory completion of all roofing repair to the Fleet Services
Building which shall include but not be limited to the following:
1. Removal of designated roofing accessories and components to be
discarded.
2. Metal Flashings, Counterflashings, Gutters, and Downspouts
3. Metal Ridge Cap
4. Replacement of Roof Panel Screws
5. Sealing Tape, Caulking and Sealants
1.02 SUBMITTALS
A. Prior to starting any work, the contractor shall submit copies of
proposed manufacturer's literature for each required product. This
information shall include product description and applicable quality
standards, and conform to the requirements of this specification.
B. Furnish to the Architect one full scale sample section (12" long
Min.) of each profile of lined gutter section and ridge cap required.
Field verify exact size/profile requirements.
C. Physical samples of other products to be used must be made
available, if requested.
1.03 QUALITY ASSURANCE
A. The roof contracting company is to designate one of its employees to
function as the quality control administrator. It will be that
person's responsibility to monitor the application to assure that all
specifications and requirements are being met.
B. Defective applications, regardless of cause, must be removed and
replaced in accordance with the application specification.
1.04 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Deliver materials to the job site in clearly marked manufacturer's
original unopened containers. Bulk shipments must be accompanied by a
bill -of -lading which clearly defines the product. Packaged materials
must be identified by labels which are intact and legible.
�^ B. Handle and store all materials carefully in accordance with
l manufacturer's recommendations.
�., 07600-1
i
C. Protect materials against damage by construction traffic.
1.05 ENVIRONMENTAL REQUIREMENTS
A. Do not attempt any roof repairs when the threat of inclement weather -
exists.
B. Complete sections of the total roof repairs must be completed in one
operation. Phase construction is not acceptable.
1.06 WARRANTY - METAL ROOFING REPAIRS
A. Should leaks attributable to deficiencies in material and/or
workmanship of roofing repairs occur within two (2) years from the date
of completion, the roofing contractor shall make repairs as required to --
maintain the roof in water tight condition.
PART 2 PRODUCTS
2.01 SHEET MATERIALS
A. Sheet Metal Material: ASTM A792/A792M-AZ50, grade 50 high strength
Galvalume; 24 gauge.
B. Gutter Liner: 60 mil EPDM; contact adhesive applied to gutter —
sections
2.02 ACCESSORIES
A. Surface Mounted Reglet and Counterflashing: Fry Springlok Flashing
System Type SM-Surface Mounted (Expand-O-Seal) —
B. Sealants: Two-part polyurethane; Sonneborn Sonolastic NP-II or
equal. _
C. Sealant Tape: Pressure sensitive, 100% solids, polyisobutylene
compound sealing tape with a release paper backing; permanently
elastic, non -sagging, non -toxic, non -staining tape seal.
D. Screws: Provide next size larger screws than existing, with neoprene
washers under heads.
PART 3 EXECUTION
3.01 PREPARATION
A. Clean existing gutters and downspouts. Completely remove all dirt, --
debris and growing plants. Remove loose rusted portions of existing
steel gutter.
B. Remove existing surface applied flashing reglets and counterflashing7
at roof perimeter. Completely remove all sealants and caulking from
wall and roof surfaces.
07600-2
C. Remove existing elastomeric flashing membrane at exterior gutter
wall.
t
D. Remove existing ridge ventilator, flashings and ridge covers.
Completely clean all sealants and caulking from roof and wall panels
where items are removed.
E. Remove existing screws at eave and all panel endlaps. Completely
clean all sealants and caulking from roof panels.
3.03 EXAMINATION
A. Verify that surfaces and site conditions are ready to receive work.
B. At no time will the installer leave the building open or exposed to
interior damage.
3.04 PROTECTION
A. Protect adjacent building surfaces and landscape against damage from
roofing work. Coordinate work with facility manager to protect
employees and customers, furnishings and equipment, and to preclude any
significant interference with daily operations.
B. Store all debris in approved containers, removing it from the
building site as soon as possible. It is the roofing contractors
responsibility to dispose of all debris in a proper and safe manner.
3.05 GUTTER INSTALLATION
A. Gutter shall be fabricated as detailed and lined with EPDM membrane
adhesive applied to sides and bottom.
B. Gutter shall be installed inside existing steel gutter and attached
under eave of existing roof panels. Downspout sleeves shall be
inserted inside existing downspouts.
3.06 REGLET AND COUNTERFLASHING INSTALLATION
A. Install surface mounted reglet and counterflashing at roof
perimeter in accordance with details and manufacturer's
recommendations.
B. Apply specified sealant at top edge of reglet.
3.07 METAL ROOFING INSTALLATION AND REPAIR
A. Install metal ridge cap in accordance with details and notes
indicated on drawings.
B. Install metal rake flashing to profile indicated on drawings.
Verify required dimensions.
l; C. Replace all screws at metal roof eaves, panel endlaps and ridge
connections. Replacement screws shall be the next size larger than
existing screws, and have sealing washers attached.
7 07600-3
D. Apply sealing tape and sealants as required to provide a
weathertight assembly.
END OF SECTION
07600-4
F
F�
I
F
F
SECTION 15000
MECHANICAL
PART 1 GENERAL
1.01 EVAPORATIVE COOLER
A. Furnish and install the evaporative coolers indicated on the
drawings, complete with fan, evaporator pads, housing, pump,
automatic water make-up valve, connecting ductwork, etc.
B. Each unit shall be manufactured by Arctic Circle, rated to
deliver as scheduled on.the drawings. Discharge shall be as
shown on drawings.
C. Each unit will be installed so that fresh air is drawn
through Aspen Pads. The unit shall be galvanized and enameled
with asphaltic paint in the water pan.
D. Units shall have the following features:
1. Adjustable motor pulley
2. Cushion motor mount
3. Bronze bearings, self aligning
4. Adjustable motor mounts
5. Copper distributors
6. Dynamically balanced blowers
7. Hand grips and grip locks on pad holders
8. External trough adjustment
E. The unit shall be mounted on a Thycurb roof curb. Flash curb
to the complete satisfaction of the Architect. Installation
shall be neat and water tight.
F. The fan motor and the pump motor shall be sized and shall
have electrical characteristics recommended by the cooler
manufacturer. Provide each cooler with a remote pump switch,
on -off switch, Essick 6PS.
G. All v-belt drives shall be so selected that the specified fan
performance occurs at approximately the midpoint of the
adjustable range.
H. Provide a slide damper in slide rails in the discharge duct
from each unit.
1.02 LOW PRESSURE DUCTWORK
A. Except as otherwise specified herein, in other sections of
the specifications, and/or noted on the drawings, low pressure
ducts shall be constructed of galvanized steel sheets in
accordance with the recommended construction for low pressure
r
98031 15000-1
ducts insofar as gauges of metal to be used, bracing of joints and `
joint construction as established in the latest edition of the ASHRAE
HANDBOOK.
B. Duct construction details shall conform to "HVAC Duct Construction
Standard", 1st Edition, (1985) published by the Sheet Metal and Air
Conditioning Contractors National Association, Inc. (SMACNA). Refer to_
the fan schedules (TSP) for system pressures. Construction shall be
suitable for actual duct system pressures.
1.03 EQUIPMENT SCHEDULE "-
Evaporative Coolers: Arctic Circle Model No. ED630; Ind. Std. Rating
5500 CFM; 1/2 h.p.; 2 speed, 115 v.; EP200A pump; 2.45 GPM; 5 ft. headL
4.7 GPH bleedoff.
END OF SECTION
01500-2