HomeMy WebLinkAboutResolution - 2003-R0230 - Contract For Memorial Civic Center Theatre Aisle Renovation - D&V Construction - 06/12/2003Resolution No. 2003-RO230
June 12, 2003
Item No. 43
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 for the Lubbock
Memorial Civic Center Theater aisle renovation, by and between the City of Lubbock and
D & V Construction of Lubbock, Texas, and related documents. 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 12th
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
vbdo-
Victor Kilman, Iturchasing Manager
APPROVED AS TO FORM:
City Attorney
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June 2, 2003
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DATE 0 BY
CITY OF LUBBOCK
SPECIFICATIONS FOR
LUBBOCK MEMORIAL CIVIC CENTER THEATER AISLE RENOVATIONS
ITB #063-03/RS
"A City Of Planned Progress"
CITY OF LUBBOCK
Lubbock, Texas
City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
1625 13TH STREET
LUBBOCK, TEXAS 79401
PH:(806) 775-2167 FAX: (806) 775-2164
http://purchasing.ci.lubbock.tx.us
ITB #063-03/RS, Addendum #1
ADDENDUM #1
ITB #063-03/RS
Lubbock Memorial Civic Center Theater Aisle
Renovations
MAILED TO VENDOR: May 7, 2003
CLOSE DATE: May 15, 2003 @ 3:00 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 enclosed the current list of scheduled events for the theater from June through
IRM September and the detail for the attachment of the railing posts to the existing concrete floor.
All requests for additional information or clarification must be submitted in writing anddirected to:
Ron Shuffield, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457
Questions may be faxed to (806)775-2164 or Email to rshuffield@mail.ci.lubbock.tx.us
THANK YOU,
CITY OF LUBBOCK
Ron Shuffield
Senior Buyer
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the
.-, bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or
any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source.
Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five
(5) business days prior to the bid close date. A review of such notifications will be made.
063-03RS.doc
FOR
June 2003
SUNDAY
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
1
2
3
4
5
6
7
City View
Wind Engineers
Wind Engineers
Wind Engineers
Wind Engineers
OPEN
Reciatl
Church
8
9
10
11
12
13
14
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
KAMY
15
16
17
18
19
20
21
City View
TX Assn Pupil
OPEN
OPEN
OPEN
OPEN
Warm Country
Church
Productions
22
23
24
25
26
27
28
OPEN
OPEN
OPEN
OPEN
OPEN
Texas City
Texas City
Managers
Managers
Conference
Conference
29
30
Texas City
Texas City
Managers
Managers
Conference
Conference
July 2003
SUNDAY
MONDAY I
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
1
2
3
4
5
OPEN
OPEN
OPEN
OPEN
OPEN
6
7
8
9
10
11
12
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
Option
Energy
13
14
15
16
17
18
19
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
kamy
20
21
22
23
24
25
26
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
27
28
29
30
31
Taste of
OPEN
OPEN
OPEN
OPEN
Latin Car
Club
P"9
Auqust 2003
SUNDAY
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
1
2
OPEN
OPEN
3
4
5
6
7
8
9
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
10
11
12
13
14
15
16
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
17
18
19
20
21
22
23
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
24
25
26
27
28
29
30
OPEN
OPEN
OPEN
OPEN
Civic Lubbock
Texas Asso.
Texas Asso.
Inc.
of Magic
of Magic
31
Texas Asso.
of Magic
September 2003
SUNDAY
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
1
2
3
4
5
6
Texas Asso.
VEE Corp.
VEE Corp.
Cowboy
Cowboy
Cowboy
of Magic
Symposium
Symposium
Symposium
7
8
9
10
11
12
13
OPEN
OPEN
Fiestas del
Fiestas del
Fiestas del
Fiestas del
Fiestas del
Llano
Llano
Llano
Llano
Llano
14
15
16
17
18
19
20
OPEN
OPEN
WTACI
WTACI
OPEN
OPEN
OPEN
21
22
23
24
25
26
27
LSO
LSO
LSO
LSO
LSO
LSO
LSO
28
29
30
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OPEN
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LUBBOCK MEMORIAL CIVIC CENTER
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THEATER AISLE RENOVATIONS
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CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: LUBBOCK MEMORIAL CIVIC CENTER THEATER AISLE RENOVATIONS
ADDRESS: LUBBOCK, TEXAS
ITB NUMBER: 063-03/RS
PROJECT NUMBER: 90168.8107.20000
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
INDEX
1.
NOTICE TO BIDDERS
2.
GENERAL INSTRUCTIONS TO BIDDERS
3.
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
4.
PAYMENT BOND
n
5.
PERFORMANCE BOND
6.
CERTIFICATE OF INSURANCE
7.
CONTRACT
8.
GENERAL CONDITIONS OF THE AGREEMENT
9.
CURRENT WAGE DETERMINATIONS
10.
SPECIFICATIONS
NOTICE TO BIDDERS
NOTICE TO BIDDERS
ITB #063-03/RS
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, 79401until 3:00
o'clock p.m. on the 15th day of May. 2003, or as changed by the issuance of formal addenda to all planhoiders, to
furnish all labor and materials and perform all work for the construction of the following described project:
"LUBBOCK MEMORIAL CIVIC CENTER THEATER AISLE RENOVATIONS"
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 ensure that his bid is actually in
the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written.
Bids are due at 3:00 o'clock p.m. on the 15th day of May, 2003, and the City of Lubbock City Council will
consider the bids on the 12th day of June. 2003, 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 ape rmance 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. Said statutory bonds should be
issued by a company carrying a current Best Ratinq 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 fifteen (15) days after
notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local
conditions under which the work is to be done. It shall be understood and agreed that all such factors have been
thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid
conference on 6th day of May, 2003 at 10:00 o'clock a.m., in the Engineering Conference Room 107, Lubbock, Texas.
Plans and specifications may be obtained from City of Lubbock, Purchasing Department, 1625 13th Street,
Room L04, Lubbock, Texas 79401, Phone: (806) 775-2167. Plans and specifications will be shipped at the bidder's
expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping
�. charges and must furnish the name of the service to be used and the bidder's account number.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included
in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is
specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a,
Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the
contractor of the prevailing rates of wages as heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration for an award.
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 ADA Coordinator at (806) 775-2018 at
least 48 hours in advance of the meeting.
CITY OF LUBBOCK
V�,�
VICTOR KILMAN
PURCHASING MANAGER
GENERAL INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
1 BID DELIVERY. TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish LUBBOCK MEMORIAL
CIVIC CENTER THEATER AISLE RENOVATIONS per the attached specifications and contract
r documents. Sealed bids will be received no later than 3:00 p.m. CST, the 15th day of May, 2003 at the
office listed below. Any bid received after the date and hour specified will be rejected and returned
unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or
container plainly labeled in the lower left-hand corner: "ITB #063-03/RS, LUBBOCK MEMORIAL CIVIC
CENTER THEATER AISLE RENOVATIONS" and the bid opening date and time. Bidders must also
include their company name and address on the outside of the envelope or container. Bids must be
addressed to:
Victor Kilman, Purchasing Manager
City of Lubbock
1625 13th Street, Room L-04
". Lubbock, Texas`79401
1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a
bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver
bid, we suggest that he/she use some sort of delivery service that provides a receipt.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier
service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS.
1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
2 PRE -BID MEETING
2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda
as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting
will be held at 10:00 a.m.. May 6th. 2003 in Engineering Conference Room 107, Lubbock. Texas. All
persons attending the meeting will be asked to identify themselves and the prospective bidder they
represent.
2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The
City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do
not attend the pre -bid meeting.
3 ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda.
3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may
request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the
event the Purchasing Department deems the interpretation to be substantive, the interpretation will be
made by written addendum issued by the Purchasing Department. Such addendum issued by the
Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will
become part of the bid package having the same binding effect as provisions of the original bid. NO
VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for
interpretation considered, the request must be submitted in writing and must be received by the City of
Lubbock Purchasing Department no later than five (5) days before the bid closing date.
3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in
preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with
any individuals, employees, or representatives of the City and any information that may have been read in
any news media or seen or heard in any communication facility regarding this bid should be disregarded in
preparing responses.
�, 1
3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all
requirements before submitting a bid to ensure that their bid meets the intent of these specifications.
4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations
that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to
Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to
comply, in every detail, with all provisions and requirements of the Invitation to Bid.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents,
shall be given to the Purchasing Manager and a clarification obtained before the bids are received,
and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it
shall be deemed that the bidder 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 bidder does not notify Purchasing Manager before 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.
5 BID PREPARATION COSTS
5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a bid.
5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to
release such information initially, but please note that the final determination of whether a particular
portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from
public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the
event a public information request is received for a portion of your bid that you have marked as being
confidential information, you will be notified of such request and you will be required to justify your legal
position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In
the event that it is determined by opinion or order of the Texas Attorney General or a court of competent
jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the
Government Code and Section 252.049 of the Local Government Code, then such information will be
made available to the requester.
6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open
Records Act.
7 LICENSES, PERMITS, TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may
be required to pay.
8 UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local
resources, and to outline in their bid submittal how they would utilize local resources.
2
9 CONFLICT OF INTEREST
9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any
employee, official or agent of the City of Lubbock.
9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered,
conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment,
advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion
concerning this bid.
10 CONTRACT DOCUMENTS
10.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
10.2 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.
"+ 11 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 or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the
bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any
combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source.
Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing
Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be
made.
x INFORMATION OR CLARI'iFICATION CONCERNING THIS INVITATION T£.? BID (ITB) MUST BIE
�lBMITT t3;IIW 10. Ai ; I( LAI R 71 AN I=iI E (5 ALENt AR DAYS PRIQR X4 THE �O _
DL051NG E3ATE AND ADDRESSED TO,
RON SHUFFIELD, SENIOR BUYER
City of Lubbock
1625 13t' Street
Lubbock, Texas 79401
Fax: (806) 775-2164
Email: RShuffield@mail.ci.lubbock.tx.us
- 13 TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be fully completed within ONE HUNDRED
TWENTY (120) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed
issued by the City of Lubbock to the successful bidder.
13.2 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 ensure completion of the project within the time specified.
14 PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
3
15 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.
16 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.
17 GUARANTEES
17.1 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).
17.2 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 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.
17.3 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.
17.4 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.
18 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.
19 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.
4
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(c) Equipment schedule.
20 TEXAS STATE SALES TAX
20.1 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.
20.2 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.
21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall` be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve
the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by
Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by
Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
22 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.
23 EXPLOSIVES
23.1 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.
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
23.3 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.
24 CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful bidder shall be required to furnish the name, address and
PM telephone number where such local representative may be reached during the time that the work contemplated by
this contract is in progress.
25 INSURANCE
25.1 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
`..� 5
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 before contract execution.
25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A
CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE
CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN
FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, 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
CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE
INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH
SUBCONTRACTOR.
26 LABOR AND WORKING HOURS
26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate that 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:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
26.1.2 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.
26.2 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.
26.3 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.
27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount,
not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the
work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or
Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his
classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the
copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made,
or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees
according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which
schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on
whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each
calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his
6
particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these
contract documents.
28 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.
29 PREPARATION FOR BID
29.1 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.
29.2 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.
29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
r-. endorsed on the outside of the envelope in the following manner:
28.3.1 Bidder's name
28.3.2 Bid for (description of the project).
29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids,
but no bid may be withdrawn or altered thereafter.
�•+ 29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been
opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE,
ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
30 BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
►^ following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) 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.
31 QUALIFICATIONS OF BIDDERS
n 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 about 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 bidder's bid may be
deemed not to meet specifications or the bid may be rejected 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:
(a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.
(b) The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
(c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
(d) The quality of performance of previous contracts or services.
32 BID AWARD
32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to
waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole
discretion. The City of Lubbock reserves the right to accept the Base Bid and/or Bid Option in any order or
combination that serves its best interest. The low bid shall be determined on the price combination of the
Total Base Bid and any accepted Bid Option.
32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to
specifications is primary in determining the best low bid. Failure to comply with the specifications may
result in disqualification of the bid.
32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be
cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to
determine possible Anti -Trust violations.
32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder
would be required to underbid the nonresident bidder in the nonresident bidders' home state.
32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
State of Texas and under the laws of the State of Texas. In connection with the performance of work, the
Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all
other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR
FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR
GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS
INVITATION TO BID.
P"
BID SUBMITTAL
w-,
0":
0"
BID SUBMITTAL
LUMP SUM BID CONTRACT
a
e DATE: fJ O J�
PROJECT NUMBER: #063-03/RS - LUBBOCK MEMORIAL CIVIC CENTER THEATER AISLE RENOVATIONS
Bid of ` �� pn15tP�UC -f /'oil, _L .JCa (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 to Bid for the construction of a LUBBOCK MEMORIAL CIVIC CENTER
THEATER AISLE RENOVATIONS 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 supplies; and to construct the project in accordance with the plans, specifications
and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses
incurred in performing the work required under the contract documents.
BASE BID: LUBBOCK MEMORIAL CIVIC CENTER THEATER AISLE RENOVATIONS
MATERIALS:f�vt�E ./ �A� &-:, co
�c+ej ��✓�d L`� /� 00
SERVICES: /6�1',i/ioa.� i�/ un c � ,.6� /ate � ($ •�� `�`�1 )
TOTAL BASE BID:
OPTION #1: FURNISH & INSTALL 500 VA UNINT RRUPTIBLE POWER SYSTEM AS SPECIFIED
D O
MATERIALS: i�tl�%/Lai��JNc�L
SERVICES: ri'��.%--� �.c%�l4 L-6 ($ 100 )
TOTAL OPTION #1 (ADD %hC�u.s4,/�c,d .�t��� 1�6 �r��t� ($
(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 120 (ONE HUNDRED TWENTY) 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 $425.00 (FOUR HUNDRED TWENTY FIVE DOLLARS) for each
consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set
forth in the general conditions of the contract documents.
j Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
�instruction number 28 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
1
P"
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable
without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the
RIM bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all
necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Cert' ied Check for
Dollars ($ ) or a Bid Bond in the sum of o 2.3 e, 00 Dollars
($$ J, 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 fifteen (15) 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 Notice to Bidders.
Pursuant to Texas Local Government Code 252.043(a), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error in the bid
price. THEREFORE, ANY CORRECTIONS TO THE BID
PRICE UIUST BE MADE ON THE BID SUBMITTAL FORM
PRIOR TO BID OPENING.
(Seat if Bidde is a Corporation)
ATTEST:
Secretary
Bidder acknowledges receipt of the, foll wing addenda:
Addenda No. _� Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
Date:
Authorized Signature
he0l,�
(Printed or
JTyped Name)
Company
ISgIo
Addr�eudbbc_',�
City, Count
State Zip Code
Telephone:
Fax: 466*-- - ��
MMBE Firm: Woman I I Black American Native American
Hispanic American I I Asian Pacific American I I Other (Specify
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 fifteen (15) 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.
Contractor (Signature) Contractor (Print)
CONTRACTOR'S FIRM NAME:
(Print or Type )
CONTRACTOR'S FIRM ADDRE
Name of Agent/Broker:
Address of Agent/Broker:c�4/
City/State/Zip: �L'�c c� �, �iC _
Agent/Broker.Tele hone Number: (— .) �
i Date: ��/
R.
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 #063-031RS - LUBBOCK MEMORIAL CIVIC CENTER THEATER AISLE RENOVATIONS
4
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
fie,
Thatwe, D & V Construction, Inc.
inereinatter cattea the Yrincipai), as Principai, ana WASHINGTON
INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business
under and by virtue of the lams of the State of Arizona, and duly licensed
for the purpose of making, guaranteeing or becoming sole surety upon bonds or
undertakings required or authorized by the laws of the State of Texas
as Surety, are held and firmly bound unto City of Lubbock, Texas
(hereinafter called the Obligee) in the just and full sum of ------------------------------
Five Percent of Greatest Amount Bid --------------------------------------
Dollars ($ ------ (5%)-------------- ) lawful
money of the United States of America, for the payment of which well and
truly to be made, we hereby bind ourselves and each of our successors and
assigns, jointly and severally, firmly be these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden
Principal as aforesaid, is about to hand in and submit the Obligee a bid or
proposal f or the Lubbock Memorial Civic Center - Theater Aisle Renovations
in
accordance with the plans and specifications filed in the office of the
obligee and under the notice inviting proposals therefore.
NOW, THEREFORE, if the bid or proposal of said principal shall be accepted,
and the contract for such work be awarded to the principal thereupon by the
said obligee, and said principal shall enter into a contract and bond for the
completion of said work as required by law, then this obligation to be null
and void: otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said Principal and said Surety have caused these
presents to be duly signed and sealed this
May 20 03 ,
M" BDB 600201
15th
day of
/11
D & V C nstru Lion c.,
i
By ,
WASHINGTO TERN IONAL
C CO
B
Zy Kevin Dunn orney In Fact
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
rA
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
m laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,
Illinois, each does hereby make, constitute and appoint:
Kevin Dunn, Cara D. Hancock, Fred Davis
.mot and Harold D. Binggeli
jointly or severally
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: TEN MILLION (10,000,000.00) DOLLARS
ram+
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 20 of March, 2000:
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
ew
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
wry `♦\�Q` O Aurr!, d'' j,SIOMAI~i G .,.
B
`' �GOPPTFG?s ; Tfs
' = Y I�RPOo n
SEAL : cy _ Paull), Amstutz, President & Chief Executive Officer of Washington International Insurance Company &
.7 RATE
tQ ^`'z
Sol..Ty 1973 eQ, n ^ Viee President of f orth Anmlean Speelalty Insoranee Company i� SEAL
y i
It"'l. ON e1P11�+"'``♦♦� BY ` — t•., *.sa•l�,•'.
Steven P. Anderson, Executive Vice President or Washington International Insurance Company &
Vice President of North American Specialty Insurance Company
RtirA
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 14 day of November 20 02 .
F" North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
erw
County of Du Page SS:
On this 14 day of November 20 02 , before me, a Notary Public personally appeared Paul D. Amstutz , President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson
Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
rarr�waa _
ttoanrhwrc. Yasmin A. Patel, Notary Public
I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thisl5 tltiay of May 2003 .
James A. Carpenter, Vice president & Assistant Secretary or Washington International Insurance Company &
Assistant Secretary orNorth American Specialty Insurance Company
rate
No Text
Bond No. S-901 8553
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021 (a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that D & V Construction, Inc.
(hereinafter called the Principal(s), as Principal(s), and
Washington International Insurance Company
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
�^ Obligee), in the amount of One hundred two thousand, five hundred fifty four & 00/100--- —-------- —-------- —-------- ------------------
Dollars ($102,554.00--- ) lawful money of the United States for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 12th day of
June , 2003 , to Lubbock Memorial Civic Center - Theater Aisle Renovations
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 apart hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021 (a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
�* article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 23rd
A„ day of June 2003
Washington International I an ICompany. D onstruction, Inc.
Surety / PH al
By: By: f
Kevin 6unn , Attorney -In -Fact (Title)
0
ow
r
By:
(Title)
By:
(Title)
MR
P"
P"
The undersigned surety company represents that it Is duly qualified to do business In Texas, and hereby
designates Kevin Dunn an agent resident in Lubbock County to whom any requisite notices may be delivered and
-* on whom service of process may be had in matters arising out of such suretyship.
am
Approved as to Form
a,
City of Lubbock
By:
147'
Ci orney
0
P"
M"
n
Washington International_Ijmrance Compan
Surety
je,
* By:
Kevin Dunn Attorney -In -Fact
* 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.
®a
NAS SURETY GROUP
een,
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
.., GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,
Illinois, each does hereby make, constitute and appoint:
Kevin Dunn, Cara D. Hancock, Fred Davis
and Harold D. Binggeli
jointly or severally
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
r.a law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: TEN MILLION (10,000,000.00) DOLLARS
eaw This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held
on the 24 h of March, 2000:
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
am Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
e� FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
'N111110Ffl,", 'F1Usi pw%,
g,,NQ�P...11Nfw,/G i v �A,.1lA1r�rNi,�,y,
a0 ro �RPOP4, �
V ?, SEAL _ By
m = Paul D. Amstutz, President & Chief Executive Officer of Washington International Insurance Company & a ���� A
= fy 1973 ry: n 1 Vice President of North American Specialty Insurance Company ac SEA L
AlUZ0%l
�nNf111116NN� By �r,nr.nrsa+�s
Steven P. Anderson, Executive Vice President of Washington International Insurance Company &
Vice President of North American Specialty Insurance Company
.� IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 4 day of June 2003.
North American Specialty Insurance Company
aaa Washington International Insurance Company
State of Illinois
County of Du Page SS:
.•� On this 4 day of June 2Q 03 , before me, a Notary Public personally appeared Paul D. Amstutz , President and CEO of
Washington Intemational Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson ,
Executive Vice President of Washington Intemational Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
Yasmin A. Patel, Notary Public
I, James A. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
e•r• American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 23rday of June 12003 .
James A. Carpenter, Vice President & Assistant Secretary of Washington International Laurance Company &
Assistant Secretary of North American Specialty Insurance Company
PAYMENT BOND
Bond No. S-9018553
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021 (a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY THESE PRESENTS, that D & V Construction, Inc. (hereinafter
called the Principal(s), as Principal(s), and
Washington International Insurance Company
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of One hundred two thousand, five hundred fifty four & 00/100----- —--------- -------- —--- ----- ---
Dollars ($ 102,554.00- )lawful money of the United States for the payment whereof, the said Principal and Surety bind
`� themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 12th day of
June , 2003 , to Lubbock Memorial Civic Center - Theater Aisle Renovations
P"
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
_. contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond Is executed pursuant to the provisions of Section 2253.021 (a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
23rd day of June 2003
Washington International Ingiprance Compan
Surety
.�
*By:
op " evin Dunn Attorney -In -Fact
D & V Construction, Inc.
By: Pr' ij�al
t
k
(Title)
By:
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates Kevin Dunn an agent resident in Lubbock County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship.
Washington International Vurance Company
Surety
* By.
Kevin Dunn , Attorney -In -Fact
Approved as to form:
City o ck
1_31y�
CiftAXorney
* 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.
am
A
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
..tt GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,
�9 Illinois, each does hereby make, constitute and appoint:
Kevin Dunn, Cara D. Hancock, Fred Davis
and Harold D. Binggeli
jointly or severally
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
t"a law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of-. TEN MILLION (10,000,000.00) DOLLARS
I.� This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held
on the 20 of March, 2000:
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
�.t Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
en+
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
/\J `Q,9�f�tlrlrfTt
Wont � y.GpgtPOA;j'•.G � �f
BY ~ e CQRPQRATE'!,
SF111. a E Paul D. Amstutz, President & Chief Executive Officer of Washington International Insurance Company & SA L
c W f979 ot: m = Vice President of North American Specialty Insurance Company Z O
��"�\
��glllll 11111P1\\ ByeVTtn..,ttHs+``'
Steven P. Anderson, Executive Vice President of Washington International Insurance Company &
Vice President or North American Specialty Insurance Company
f•+ IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 4 day of June 20 03 .
North American Specialty Insurance Company
r" Washington International Insurance Company
State of Illinois
County of Du Page SS:
M' On this 4 day of June 20 03 , before me, a Notary Public personally appeared Paul D. Amstutz , President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson
Executive Vice President of Washington Intemational Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
�" acknowledged said instrument to be the voluntary act and deed of their respective companies.
w+� +w
In*AW �gafer .
cYJArrt%natr'isa< Yasmin A. Patel, Notary Public
I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
awn American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this23rdlay of June 2(03
James A. Carpenter, Vice President & Assistant Secretary or Washington Intemational Insurance Company &
Assistant Secretary or North American Specialty Insurance Company
>ml
-� POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
ENDORSEMENT
am
Coverage for acts of terrorism as defined in § 102(1) of the Terrorism Risk Insurance
Act of 2002 ("the Act") is already included in this surety bond. You should know that,
effective November 26, 2002, under your existing coverage, any losses caused by
certified acts of terrorism would be partially reimbursed by the United States under a
formula established by federal law. Under this formula, the United States pays 90%
of covered terrorism losses exceeding the statutorily established deductible paid by
the insurance company providing the coverage. The portion of your annual premium
that is attributable to coverage for acts of terrorism is $0.
As your insurance/surety company we are sending you this notice to comply with the Terrorism Risk
Insurance Act of 2002.
For questions regarding this notice please visit our website www.nassurety.com or you may call our
office at 630- 227- 4825.
REV: 2/03 agent notice
."
IMPORTANT NOTICE
In order to Obtain Information or Make a Complaint:
You may call Washington International Insurance Company and/or North
American Specialty Insurance Company at the following toll -free number:
800/338-0753
or
You may write to them at the following address:
1200 Arlington Heights Road #400
Itasca, IL 60143
You may also contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
800/252-3439
You may write the Texas Department of Insurance at the following address:
P O Box 149104
Austin, TX 78714-9104
p•,
0
CERTIFICATE OF INSURANCE
P"
0"
06-24-03 15:46 QUISENBERRY & ASSOCIATESID=8067937173 P61/62
ACORD. CERTIFICATE OF LIABILITY INSURANCE 06/2 jDO 3
.�
PRODUCER (806) 793-8773 FAX (806) 793-7173
Quisenberry & Associates, Inc.
4601 66th St . , Suite B
Lubbock, TX 79414
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMCNO, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED Davis/VOy es Construction, Inc.
dba D & V Construction Co., Inc.
P . 0. Box 299
Idalou, TX 79329
INSURER A: Republic Underwriters/Republic
INSURERB; Southern County Mutual/Republic
INSURER C: Texas Mutual Ins Co
INSURER0:
INSURER 5;
COVERAGES
awl
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
I R LTRTYPE
INSURANCE
POLICY NUMBER
POLICY
POLICY EX ION
LIMITS
GENERAL LIABILITY
TXP5616605 03
06/15/2002
08/15/1003
EACM OCCURRENCE
S 1,000,000
ARE DAMAGE (Any onefir0)
S 10(),00
X COMMERCIAL 13ENERAL LUWIL17Y
CLAIMS MADE M OCCUR
MED EXP (Any one person)
S 5,()00
A
PERSONAL & ADV INJURY
$ 110001000
GENERAL AGGREGATE
$ 21000,000
GEN'L AGGREGATE LIMIT APPLIES PER;
PRODUCTS - COMPIOP AGO
s 21000,000
POLICY %O�T LOO
AVTOMOBILE LIABILITY
X ANY AUTO,
TCAS631354
12/31/2002
08/15/2003
COMBINED SINGLE LIMIT
(Fa acddenq
5 11000,000
BODILY (NJURY
(Per p--)
$
B
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON -OWNED AUTOS
BODILY INJURY
(Per accident)
s
PROPERTY DAMAGE
(Ppr scclder,q
S
GARAGE LIABILITY
AUTO ONLY . EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY. AGG
S
ANY AUTO
S
EXCESS LIAVIUTY
UMS5626902 02
08/15/2002
09/15/2003
EACH OCCURRENCE
s 1,000,000
-in OCCUR CLAIMS MADC
AGGREGATE
s
A
s
$
DEDUCTIBLE
s
RETENTION S
C
WORKERS COMPENSATION AND
EMPLOYERV LIABILITY
TSF0001095267
01/08/2003
01/08/2004
TORT LIMITS ER-
E.L. EACH ACCIDENT
$ 500,000
EL. DISEASE - EA EMPLOM
S 500,000
EL. DISEASE - POLICY LIMIT
s 500 00
OTHER
DESCRIPTION OF OPERA IONSILOCATIGNSNEHICLESMCLUS(ON* ADDED BY ENDORSEIAENVSPECIAL PROVISIONS
ertificate Haider is named as Additional Insured with respect to Auto & General Liability and Waiver
f Subrogation with respect to Auto, General Liability & Workers' Compensation for whom the named
Ensured has agreed by written contract to furnish this coverage.
CERTIFICATE HOLDER X I ADDITIONAL INSURES); INSURER
ems+
City of Lubbock
Attn: Jenny
`^ Purchasing Dept.
P.O. Box 2000
Lubbock, TX 79457
ACORD 26S (7197) FAX: (806) 775-2164
A CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
wy EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY,p AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Todd Quisenberry
06-24-03 15:47 @UISENBERRY & ASSOCIATES
ID=8067937173
P02i02
I
W-
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
If SUBROGATION IS WAIVEQ, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon.
ACORR CERTIFICATE OF LIABILITY INSURANCE ..,..,,�,
0"
PRODUCER (806)793-8773 FAX (806) 793-7173
THIS CERTIFICATE IS ISSUED AS A MAMR of NFOMAMN
Quisenberry &Associates, Inc.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. TFMS CERTIFICATE DOES NOT AMEND, EXTEND OR
4601 66th St., Suite B
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Lubbock, TX 79419
INSURERS AFFORDING COVERAGE
IN3VRE0 avis oy es Construction, Inc.
INSURER A: Republic Underwriters Republic
dba D & V Construction Co., Inc.
INSURERR; Southern County Mutual/Republic
Zero Cold Refrigeration
INSURERC: Texas Mutual Ins Co
P.D. Box 299
INSURER D:
Id lou, TX 79329
j alsuRrR4;
THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITNSTANDING
ANY RECOREMCNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MTH RESPECT TO WHICH THIS CERTIFICATE LIMY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIBS, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LT
TYPE OF INSURANCE
POLICY NUMBER
P1X FECTIVE
09/15/2002
POLIO TMN
08/15/2003
LIMITS
A
GENERAL LIASLITY
X COMMERCIAL GENERAL IJABLfTY
CLAIMS MADE FX100CUR
TXPS616601 03
EACH OCCURRENCE
s 1,000 00
FIRE DAMAGE (Any ono firs)
S 100.
MED EXP (Aly one pawn)
; 510001
PERSONAL R AOV INJURY
$ 1,000,000
GENERAL AGGREGATE
S 2 , O00 , 0
GEN'L AGGRGGATQ I.IMff APPLIES PER
PRO-
POUCY M Moe
PRODUCTS • COMPIOP AGG
S 2 ON, 000
B
AUTOMOBU
X
X
X
UASIUTY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
W RED AUTOS
NOWMNED AUTOS
NA5631354
12/31 2002
08/I5/2003
COMBINED SINGLE LIMIT
(Ea wk*V
1. Ow , 00
BODILY INJURY
(Perpx,.on)
:
BODILY INJURY
0-of w6darrn
S
PROPERTY DAMAGE
(Por At ww1I
S
OARAOE UABILJTY
ANYALRO
'
AUTO ONLY � EA ACCIDENT
S
"ARTHAN EA ACC
A1lff�ioO ONLY: AGG
S
S
A
EXCIISS LIAGAM
X OCCUR CLAMS MADE
DEDUCMU
RETENTION S
MB$626902 02
08/15/2002
08/I5/2003
EACW OCCURRENCE '
s 1,00,000
AGGRGOATE
S
s
s
S
t
WORKGRS COMPENSATION AND
MP ELOYERS' LIABILITY
SF04010S5267
01/0$/ZO03
01/08/2004
T LIMITS R•
—
LEACH ACCIDENT
S SOOr
E.L DISIMS4 - Ell EMPLOYE
S SO0'4)OO
E.L. DISEASE - POLICY LMT
S SOO,ODO
OTHER
OescRpxl9N OF OPERA IONSILOQATIONSNEWCLESMXCLU3IONS AD II ENDORSEMHNTISPECIAL PRov�s IONS agreed by
Certificate Hodder is nwnd as AddTtionaa nsured for whop the named Insured has
ritten contract to furnish this coverage.
ump% 11r1YNr C r1VVVGR I ADORIONAL IMMMED; INSURER LETTER! 1, 11w"
SNOULDANY OF TNG ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSVINO COWANY PALL ENDEAVOR TO MAIL
City of Lubbock 0 DAYS WRaTEHr N NOTICE TO THE CERTIFICATE HOLDER NAMED TO TLEFT,
Attn : Building Inspection BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 000GATION OR LIABILITY
P , 0. BOX 2000 OF ANY KIND UPDN THE COMPANY, I'M AGENTS OR REPRESENTATIVES
Lubbock, TX 79457 rAUnTHORIZEDREPRESEWAYIVEdd Quisenberr jV[�j�����,'�•
ACORR 25-S (7l97) ®ACORR CORPORATION 1W2
IMPORTANT
It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insufer(s), authorized representative or producer, and the certificate holder, nor does A
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
00%
r.,
A
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on
proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the 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;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the
contractor knew or should have known, of any change that materially affects the provision of coverage of
any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19-point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional words
or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF
INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN
ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, 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
CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE
DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
2
i
REQUIRED WORKERS' COMPENSATION COVERAGE
'The law requires that each person working on this site or providing services related to this construction project must (see
.. reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
P"
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and
-? (8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
r•,
are providing services. ❑
3
ra
CONTRACT
r"
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 12"' DAY OF JUNE, 2003 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 D & V CONSTRUCTION, 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:
BID #063-031RS - LUBBOCK MEMORIAL CIVIC CENTER THEATER AISLE RENOVATIONS - $102,554.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract
documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written. .1 '
ATTEST:
CR AtJe-.,C
City Secretary
P" APPROVED AS TO CO11dTENT:
Owner's ReptesentativeNDVR�
. x
VED AS O FO M:
i torney
Cl,
By
CONTRACTOR:
D & fJNS TRUC 10 INC.
By.
PRINTED NAME: �l RUB ► —NJ��
TITLE:U, ,
ATT COMPLETE ADDRESS:
Cor o to S r ary D& V Construction, Inc.
13910 Hwy 87
Lubbock, TX 79423
�+ 1
Am" GENERAL CONDITIONS OF THE AGREEMENT
GENERAL CONDITIONS OF THE AGREEMENT
1. 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 Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit D & V CONSTRUCTION, INC. who has agreed 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 FREDDY CHAVEZ, ASSISTANT DIRECTOR, 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
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
herein as the "contract" or "contract documents".
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
words of like import are used, it shall be understood that the direction, requirement, permission, order, designation
or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable,"
"Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's
Representative.
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.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last
business address known to 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
,.. 1
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.
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 ensure the proper execution of the contract. The
Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under 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
instructions are consistent with the obligations of this Agreement and accompanying plans and specifications
provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or
inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's
Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any
�* and all objection or objections shall be deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory
to 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
F 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.
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
n 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.
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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 that 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.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not
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.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
r+ alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
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
k
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced,
then the Contractor shall be paid the lesser of the following: (1) actual field cost of the
extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by
a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
,., the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be
determined by using 1006%, 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
7 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
MR 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
a` 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 before the commencement of
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 before 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.
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.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A
CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF
LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE
CITY OF LUBBOCK AS REQUIRED BELOW, 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 CONTRACTOR'S RESPONSIBILITY TO
PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS
COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
A. General Liability Insurance (Additional Insured and Waiver of Subrogation required)
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
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
B. Owner's and Contractor's Protective Liability Insurance.
For bodily injuries, including accidental death and or property damage, LO Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance (Additional Insured and Waiver of Subrogation Required)
,.., The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500,000.00 Combined Single Limit,
7
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and
Non -owned 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 0% of the total contract price (100% of
potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance (Additional Insured and Waiver of Subrogation required)
The Contractor shall have Umbrella Liability Insurance in the amount of $0on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required)
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.
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 11406.096, 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
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and 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
govemmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
�^* (a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
�. coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who will
9
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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.
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.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
10
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and any
other language common to the worker population. The text for the notices shall be the
following text provided by the commission on the sample notice, without any additional
words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services
related to this construction project must be covered by workers' compensation
insurance. This includes persons providing, hauling, or delivering equipment or
materials, or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 5121440-3789 to receive
information of the legal requirements for coverage, to verify whether your
employer has provided the required coverage, or to report an employer's failure to
provide coverage;" and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) 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;
�` 11
(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;
(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.
29. 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.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS
OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless
against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way,
manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of
machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract
and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish
satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or
waived.
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
Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to bidding.
12
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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.
F. 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 425 (FOUR HUNDRED TWENTY
FIVE 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.
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
'"" 13
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
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
enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all
justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days
of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the
extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial,
and final. Further, in the absence of timely written notification of such delay and request for extension, as provided
herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
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.
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,
14
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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.
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.
1* " 15
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) 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.
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.
16
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
a ' 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.
r 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
f 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.
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
17
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 that remain on the jobsite and belong to persons other than the Contractor
or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted
by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this
paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in
paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
The Contractor is 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
Contractor is 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 shall
be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do
business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so
furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions shall
control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and 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.
18
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.
19
No Text
RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Hourly Rate
Acoustical Ceiling Installer
11.50
Air Conditioner Installer
12.00
Air Conditioner Installer -Helper
7.50
Asbestos Worker
9.00
Asbestos Supervisor
12.50
Bricklayer
12.50
Bricklayer -Helper
7.00
Carpenter
11.00
Carpenter -Helper
7.00
Cement Finisher
9.00
Drywall Hanger
11.00
Electrician
15.00
Electrician -Helper
8.00
Equipment Operator -Heavy
10.00
Equipment Operator -Light
9.00
Fire Sprinkler Fitter -Journey
18.00
Fire Sprinkler Fitter -Apprentice
10.00
Floor Installer
9.50
Glazier
10.50
Insulator-Piping/Boiler
10.50
Insulator -Helper
7.00
Iron Worker
11.00
Laborer -General
6.00
Mortar Mixer
6.00
Painter
9.50
Plumber
12.50
Plumber -Helper
7.00
Roofer
9.00
Roofer -Helper
7.00
Sheet Metal Worker
10.00
Sheet Metal Worker -Helper
7.00
Welder -Certified
11.00
0
ems,
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrical Repairer -Equipment
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 -Trailer
Truck Driver -Heavy
Truck Driver -Light
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
2
Hourly Rate
9.00
7.50
9.00
7.50
12.50
6.50
8.00
6.50
6.00
6.75
9.00
7.00
9.00
9.00
9.00
9.00
9.00
8.00
10.25
7.00
7.50
8.50
8.00
7.00
EXHIBIT C
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.
EXHIBIT D
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
004
P"
SPECIFICATIONS
p"
TECHNICAL SPECIFICATIONS
SECTION
01005
ADMINISTRATIVE PROVISIONS
SECTION
01100
ALTERNATES
SECTION
01300
SUBMITTALS
SECTION
01400
QUALITY CONTROL
SECTION
01500
CONSTRUCTION FACILITIES AND
TEMPORARY CONTROLS
SECTION
01600
MATERIALS AND EQUIPMENT
SECTION
01700
CONTRACT CLOSEOUT
SECTION
05522
ALUMINUM RAILINGS
SECTION
09688
CARPETING - DIRECT GLUED
SECTION
16010
BASIC ELECTRICAL REQUIREMENTS
SECTION
16110
RACEWAYS AND FITTINGS
SECTION
16210
CONDUCTORS
SECTION
16311
STEP AND AISLE LIGHTING
C., y K. ROB,Zj. vL
F i1
:0*
SECTION 01005
ADMINISTRATIVE PROVISIONS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
,n
A. Title of Work, and Type of Contract.
B. Coordination.
C. Field Engineering.
D. Reference Standards.
1.02 WORK COVERED BY CONTRACT DOCUMENTS
A. Work of this contract involves the construction of handrails,
lighting and re -carpeting at the aisles of the existing Lubbock
Memorial Civic Center Theater.
1.03 CONTRACT METHOD
A. Construct the Work under a single lump sum contract.
1.04 COORDINATION
A. Coordinate work of the various sections of Specifications to
assure efficient and orderly sequence of installation of
construction elements, with provisions for accommodating items
provided by owner and installed under this contract.
B. Verify characteristics of elements of interrelated operating
equipment are compatible; coordinate work of various sections
having interdependent responsibilities for installation,
connecting to, and placing in service, such equipment.
1.05 FIELD ENGINEERING
A. Contractor shall field verify and be responsible for all
existing dimensions and elevations. Contractor shall notify
Architect of any discrepancies in verified dimensions and
elevations from those shown on the drawings.
B. Provide field engineering services; establish grades, lines,
and levels by use of recognized engineering survey practices.
01005-1
C. Control datum for survey is that shown on Drawings. Locate and
protect control and reference points.
1.06 REFERENCE STANDARDS
F;
A. For Products specified by association or trade standards,
comply with requirements of the standard, except when more rigid
requirements are specified or are required by applicable codes.
B. The date of the standard is that in effect the bid date, except
when a specific date is specified.
C. Obtain copies of standards when required by Contract Documents.
Maintain copy at field office.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01005--2
a
SECTION 01100
aws
ALTERNATES
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Identification and description of Alternate work.
1.02 RELATED REQUIREMENTS
A. Bid Documents: Quotation of cost of each Alternate.
B. Owner -Contractor Agreement: Alternates accepted by Owner for
incorporation into the Work.
C. Sections of Specifications pertaining to each Alternate.
1.03 PROCEDURES
A. Alternates will be exercised at the option of Owner.
B. Coordinate related work and modify surrounding work as required
to complete the Work, including changes under each Alternate, when
acceptance is designated in Owner -Contractor Agreement.
1.04 ALTERNATES:
A. Alternate No. 1: Provide and install 500VA Uninterruptible
Power System (U.L. 924) sized to provide full load output for
ninety minutes. See Note No. 1 on Sheet 2 of the Drawings.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01100-1
SECTION 01300
SUBMITTALS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Procedures.
B. Construction Progress Schedules.
C. Schedule of Values.
D. Shop Drawings.
E. Product Data.
F. Manufacturers' Certificates.
1.02 RELATED REQUIREMENTS
A. Specific requirements stated in individual specification
sections.
1.03 PROCEDURES
A. Deliver submittals to Architect/Engineer at the following
address:
Jones Rowntree Architects
' 2734 82nd Street
Lubbock, Texas 79423-1428
B. Transmit each item under Architect/Engineer accepted form.
Identify Project, Contractor, subcontractor, and major supplier;
identify pertinent Drawing Sheet and detail number, and
Specification section number, as appropriate. Identify deviations
from Contract Documents. Provide space for Contractor and
Architect/Engineer review stamps.
C. Submit initial progress schedules and schedule of values in
duplicate within 30-days after award of Contract. After review by
Architect/Engineer, revise and resubmit as required. Submit
revised schedules with each Application for Payment, reflecting
changes.since previous submittal.
01300-1
I
D. Comply with progress schedule for submittals related to Work
progress. Coordinate submittal of related items.
E. After Architect/Engineer review of submittal, revise and
resubmit as required, identifying changes made since previous
submittal.
F. Distribute copies of reviewed submittals to concerned persons.
Instruct recipients to promptly report any inability to comply
with provisions.
1.04 CONSTRUCTION PROGRESS SCHEDULE
A. Submit horizontal bar chart with separate bar for each major
trade or operation, identifying.first work day of each week.
B. Show complete sequence of construction by activity, identifying
work of separate stages and other logically grouped activities.
Show projected percentage of completion for each item of work as
of progress application for payment.
1.05 SCHEDULE OF VALUES
A. Submit typed schedule on AIA Form G703. Contractor's standard
form or media -driven printout will be considered on request.
B. Format: Table of Contents of this Project Manual. Identify
each line item with number and title of the major Specification
sections.
C. Include in each line item a directly proportional amount of
Contractor's overhead and profit.
D. Revise schedule to list change orders, for each application for
payment.
1.06 SHOP DRAWINGS
A. Submit the number of opaque reproductions that Contractor
requires, plus two copies that will be retained by
Architect/Engineer.
1.07 PRODUCT DATA
A. Mark each copy to identify applicable Products, models,
options, and other data; supplement manufacturers' standard data
to provide information unique to the Work. Include manufacturers'
installation instructions when required by the Specification
section.
01300-2
e
B. Submit the number of copies that Contractor requires, plus two
copies that will be retained by Architect/Engineer.
1.08 MANUFACTURERS' CERTIFICATES
A. Submit certificates, in duplicate, in accordance with
requirements of each Specification section.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
01300-3
SECTION 01400
W
QUALITY CONTROL
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Quality control of products and workmanship.
B. Manufacturer's instructions.
1.02 DESCRIPTION
A. Maintain quality control over supervision, subcontractors,
suppliers, manufacturers, products, services, workmanship, and
site conditions, to produce Work in accordance with Contract
Documents.
1.03 WORKMANSHIP
A. Comply with industry standards of the region except when more
restrictive tolerances or specified requirements indicate more
rigid standards or more precise workmanship.
B. Provide suitably qualified personnel to produce Work of
specified quality.
C. Secure products in place with positive anchorage devices
designed and sized to withstand stresses, vibration, and racking.
1.04 MANUFACTURER'S INSTRUCTIONS
A. When required in individual Specifications section, submit
manufacturer's printed instructions in quantity required for
product.data, for delivery, handling, storage, assembly,
installation, startup, adjusting, balancing, and finishing, as
appropriate.
B. Require compliance with instructions in full detail, including
each step in sequence.
C. Should instruction conflict with Contract Documents, request
clarification from Architect/Engineer before proceeding.
1.05 MANUFACTURER'S CERTIFICATES
A. When required in individual Specifications section, submit
manufacturer.'s certificate, in duplicate, certifying that products
01400-1
s,.
meet or exceed specified requirements, executed by responsible
officer.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
SECTION 01500
"" CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
r
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Protection of Existing Facilities
B. Safety
C. Sanitary Facilities
D. Barriers
E. Cleaning During Construction
1.02 PROTECTION OF EXISTING FACILITIES
A. Take all precautions necessary to protect all existing
equipment, furnishings, finishes, utilities, etc., in the area
where the work is being done. The Contractor shall replace,
rebuild, restore, and make good at his own expense, all injury and
damage to same that may result from work being carried out under
this contract.
103 SAFETY
A. The Contractor shall take all necessary precautions to ensure
safety during the demolition, construction, and clean-up
operations. The Contractor shall maintain and keep in good repair
the work intended under the Plans and Specifications and shall
perform all necessary repair, construction, and renewal to the
date of acceptance by the Owner.
1.04 SANITARY FACILITIES
A. Existing facilities may be used during construction operations.
Maintain in sanitary condition.
1.05 BARRIERS
A. The Contractor shall be responsible for the protection of
unfinished work and shall be responsible for the safety of
individuals using the unfinished equipment. The Contractor shall
furnish and erect such barricades, fences, lights, and danger
signals, and shall take such other precautionary measures for the
01500-1
protection of persons, property and the work as may be necessary.
7� B. The Contractor shall be responsible for all damage to work due
to the failure of barricades, signs, and lights to protect it, and
when damage is incurred, the damaged portion shall be immediately
removed and replaced by the Contractor at his own expense. The
Contractor's responsibility for maintenance of barricades, sign,
and lights shall not cease until the date of issuance to
Contractor of City"s certificate of acceptance of the project.
1.06 CLEANING DURING CONSTRUCTION
A. Control accumulation of waste materials and rubbish;
periodically dispose of off -site.
B. Control spread of dust during concrete coring operations by use
of vacuums or other dust control/collection methods. Cover seats
and wall finishes as required to prevent dust collection on
existing surfaces.
C. Clean interior areas prior to start of finish work. Maintain
areas free of dust and other contaminants during finishing
operations.
1.07 REMOVAL
A. Remove temporary materials, equipment, services and
construction prior to Substantial Completion inspection.
B. Clean and repair damage caused by installation or use of
temporary facilities. Restore existing facilities used during
construction to specified, or to original condition.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
01500-2
SECTION 01600
MATERIAL AND EQUIPMENT
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Products
r
B. Workmanship
C. Manufacturer's Instructions
D. Transportation and Handling
E. Storage and Protection
F. Substitutions and Product Options
1.02 PRODUCTS
A. Products include material, equipment, and systems.
B. Comply with specifications and referenced standards as minimum
requirements.
C. Components required to be supplied in quantity within a
specification section shall be the same, and shall be
interchangeable.
D. Do not use materials and equipment removed from existing
structure or system, except as specifically required, or allowed,
by contract documents.
1.03 WORKMANSHIP
A. Comply with industry standards except when more restrictive
tolerances or specified requirements indicate more rigid standards
or more precise workmanship.
B. Secure products in place with positive anchorage devices
designed and sized to withstand stresses, vibration, and racking.
1.04 MANUFACTURERS' INSTRUCTIONS
A. When work is specified to comply with manufacturers'
instructions submit copies as specified in Section 01300,
distribute copies to persons involved, and maintain one set in
01600-1
field office.
B. Perform work in accordance with details or instructions and
specified requirements. Should a conflict exist between
specifications and instructions, consult with Architect/Engineer.
1.05 TRANSPORTATION AND HANDLING
A. Transport products by methods to avoid product damage; deliver
in undamaged condition in manufacturer's unopened containers or
packaging, dry.
B. Provide equipment and personnel to handle products by methods
to prevent soiling or damage.
C. Promptly inspect shipments to assure that products comply with
requirements, quantities are correct, and products are undamaged.
1.06 STORAGE AND PROTECTION
A. Store products in accordance with Manufacturers' instructions,
with seals and labels intact and legible. Store sensitive
products in weather -tight enclosures; maintain within temperature
and humidity ranges required by manufacturer's instructions.
B. For exterior storage of fabricated products, place on sloped
supports above ground. Cover products subject to deterioration
with impervious sheet covering; provide ventilation to avoid
condensation.
C. Store loose granular materials on solid surfaces in a well -
drained area; prevent mixing with foreign matter.
D. Arrange storage to provide access for inspection. Periodically
inspect to assure products are undamaged, and are maintained under
required conditions.
E. After installation, provide coverings to protect products from
damage from traffic and construction operations. Remove when no
longer needed.
1.07 PRODUCT OPTIONS
A. Within 30 days after date of Contract, submit complete list of' -
major products proposed, with name of manufacturer, trade name,
and model.
B. Options:
01600-2
1. Products specified only by reference standard: any product
meeting that standard.
2. Products specified by naming several manufacturers: products of
any named manufacturer meeting specifications.
3. Products specified by naming one or more manufacturers and "or
equal": Submit a request for substitution for any manufacturer
not specifically named, prior to bid date.
4. Products specified by naming only one manufacturer: No option.
1.08 SUBSTITUTIONS
A. In the event that the clause "or approved equal" is used in the
specification pertaining to materials, the Bidder desiring to make
substitutions for specified equipment shall submit the following:
1. Product identification, including manufacturer's name, address,
and product literature.
2. Product description.
3. Product performance and test date.
4. Reference standards.
5. Manufacturer's instructions for maintenance and repairs.
B. Request for substitution shall be made in writing to the
architect seven days minimum before the bid date. Request will be
considered and acceptance will be in the form of written addenda.
Denial of request will be in the form of written notification to
the requesting contractor.
C. After the contract is awarded, no substitutions will be
considered. It will be the Bidder/ Contractor's responsibility to
assure the availability of specified product or substitution
before the bid date.
D. The Bidder shall provide the same guarantee for substitution
into work, making such changes as may be required for work to be
complete in all aspects.
E. The Bidder shall coordinate installation of accepted
substitutions into work, making such changes as may be required
for work to be complete in all aspects.
01600-3
F. The Bidder shall waive all claims for additional costs related
to substitutions that consequently become apparent.
G. Substitutions will not be considered if:
1. They are indicated or implied on shop drawings or project data
submittals without being formally requested prior to bidding.
2. Acceptance will require substantial revision of the original
layout of the project.
1.09 REUSE OF EXISTING MATERIAL
A. Except as specifically indicated or specified, materials and
equipment removed from the existing construction or systems shall
not be used in the completed Work.
B. For material and equipment specifically indicated or specified
to be reused in the Work:
1. Use special care in removal, handling, storage and
reinstallation, to assure proper function in the completed Work.
2. Arrange for transportation, storage and handling of products
that require off -site storage, restoration or renovation. Pay all
costs for such work.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01600-4
R- SECTION 01700
CONTRACT CLOSEOUT
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Closeout Procedures.
B. Final Cleaning.
C. Project Record Documents.
D. Spare Parts and Maintenance Products.
E. Operation and Maintenance Data.
F. Warranties and Bonds.
E,
1.02 RELATED REQUIREMENTS
A. Conditions of the Contract: Fiscal provisions, legal
submittals, and other administrative requirements.
1.03 CLOSEOUT PROCEDURES
A. Comply with procedures stated in General Conditions of the
Contract for issuance of Certificate of Substantial Completion.
B. When Contractor considers Work has reached final completion,
submit written certification that Contract Documents have been
reviewed, Work has been inspected, and that Work is complete in
accordance with Contract Documents and ready for
Architect/Engineer's inspection.
C. In addition to submittals required by the conditions of the
Contract, provide submittals required by governing authorities,
and submit a final statement of accounting giving total adjusted
Contract sum, previous payments, and sum remaining due.
D. Architect/Engineer will issue a final change order reflecting
approved adjustments to Contract Sum not previously made by
Change Order.
1.04 FINAL CLEANING
A. Execute prior to final inspection.
FOR
s,
01700-1
B. Remove waste and surplus materials, rubbish, and construction
facilities from the Project and from the site.
1.05 PROJECT RECORD DOCUMENTS
A. Refer to individual specification sections for requirements for
record or as -built documents.
B. Keep documents current; do not permanently conceal any work
until required information has been recorded.
1.06 SPARE PARTS AND MAINTENANCE PRODUCTS
A. Provide spare parts, maintenance, and extra Products in
quantities specified in individual specification sections.
1.07 OPERATION AND MAINTENANCE DATA
A. Submit two sets prior to final inspection, bound in 8-1/2 x 11
inch three-ring side binders with durable plastic covers.
B. Provide operation and maintenance instructions, giving names,
addresses, and -telephone numbers of subcontractors and suppliers.
List:
1. Appropriate design criteria.
2. List of equipment.
3. Parts list.
4. Operating instructions.
5. Maintenance instructions, equipment.
6. Shop Drawings and Product Data.
7. Warranties.
1.08 WARRANTIES AND BONDS
A. Provide duplicate copies of all warranties, guarantees and
bonds as requested in individual specification sections. Provide
n
table of contents and assemble in binder with durable plastic
cover.
i
PART 2 PRODUCTS - Not Used
PART 3 EXECUTION - Not Used
END OF SECTION
01700-2
SECTION 05522
ALUMINUM RAILINGS
PART 1 GENERAL
1.01 WORK INCLUDED
A. Furnish and install aluminum railings and components.
1.02 STRUCTURAL REQUIREMENTS
A. Railing assembly, wall rails, and attachments to resist lateral
force of 200 lbs. at any point without damage or permanent set.
1.03 SHOP DRAWINGS AND PRODUCT DATA
A. Submit Shop Drawings and Product Data in accordance with
Section 01300.
B. Indicate component details, materials, finishes, connection and
joining methods, and the relationship to adjoining work.
C. Submit manufacturer's instructions for installation and
connecting methods in accordance with Section 01300.
1.04 QUALITY ASSURANCE
A. Components and installation are to be in compliance with state
and local code authorities.
B. Components and installation are to follow national and state
Handicapped accessibility guidelines.
1.05 PROJECT CONDITIONS
A. Field Measurements: Where handrails and railings are indicated
to fit to other construction, check actual dimensions of other
construction by accurate field measurements before fabrication;
show recorded measurements on final shop drawings.
B. Coordinate fabrication schedule with construction progress to
avoid delay of Work. Where field measurements cannot be made
without delaying the Work, obtain guaranteed dimensions in writing
and proceed with fabrication of products without field
measurements if specifically requested to do so by architect,
owner or contractor.
05522-1
s*
rm
PART 2 PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Julius Blum & Co., Inc., Carlstadt, New Jersey.
B. Poma Corporation, 9040 Belvedere Road, West Palm Beach,
Florida.
C. A.T.R. Technologies, Inc., Pomona, California
D. Substitutions: In accordance with Section 01600.
2.02 MATERIALS
A. Aluminum: Alloy and temper recommended by aluminum producer and
finisher for type of use and finish indicated, with not less than
r", the strength and durability properties of the alloy and temper
designated below for each aluminum form required:
1. Structural extrusions such as posts shall be 6061-T6 or 6005-T5
Alloy/Temper.
2. All other extrusions such as Caps, Pickets, Mid and Bottom
Rails shall be at least 6063-T5.
3. Castings: To be high quality prime material or materials
remelted from prime extrusion.
2.03 RAILING SYSTEM
A. Railing system shall be permanently anchored.
B. Rails and Posts: Fabricated from aluminum, with nominal size of
1 1/2 inches. Provide post reinforcement of solid aluminum
reinforcing bar.
C. Fittings: Wrought material of aluminum. Tee -fittings and elbows
., that are fabricated from more than one piece shall be of welded
construction with no weld marks visible when the fitting is
installed.
D. Connector Sleeves: Extruded aluminum.
E. Mounting Flange: Cover flange shall be of cast aluminum; Blum
No. 711.
2.04 " GROUT -AND ANCHORING CEMENT
05522-2
0
A. Non -shrink, Nonmetallic Grout: Premixed, factory -packaged, non-
staining, non -corrosive, non-gaseous grout complying with CE CRD-C
621. Provide grout specifically recommended by manufacturer for
interior and exterior applications of type specified in this
Section.
B. Erosion -Resistant Anchoring Cement: Factory prepackaged, non -
shrink, non -staining, high strength cement formulation for mixing
with water at Project site to create pourable anchoring, patching,
and grouting compound. Provide formulation that is resistant to
erosion from water exposure or provide a sealer or waterproof
coating recommended for exterior use by manufacturer to be applied
by the installer or other qualified contractor or subcontractor.
2.04 WELDING MATERIALS, FASTENERS, AND ANCHORS
A. Welding Electrodes and Filler/Metal: Provide type and alloy of
filler metal and electrodes as recommended by producer of metal to
be welded and as required for color match, strength, and
compatibility in fabricated items.
B. Fasteners for Anchoring Railings to Other Construction: Select
fasteners of the type, grade, and class required to produce
connections that are suitable for anchoring railing to other types
of construction indicated and capable of withstanding design
loadings.
C. Fasteners for Interconnecting Railing Components: Use fasteners
of same basic metal as the fastened metal, as recommended by
manufacturer. Do not use metals that are corrosive or incompatible
with materials joined.
2.05 FABRICATION
A. General: Fabricate handrails and railing systems to comply with
requirements indicated for design, dimensions, details, finish,
and member sizes, including wall thickness of hollow members, post
spacing, and anchorage, but not less than those required to
support structural loads.
B. Preassemble railing systems in shop to greatest extent possible
to minimize field splicing and assembly. Disassemble units only as
necessary for shipping and handling limitations. Clearly mark
units for field assembly and coordinated installation. Use
connections that maintain structural value of joined pieces.
C. Assembly shall be in a neat workmanlike manner using M.I.G. or
T.I.G. Welding Processes as required.
05522-3
r■a
1. All Posts shall be structurally welded to Top Rail and Mid and
Lower Horizontal Members to assure fixed fastening for the life of
the rail.
2. Corners shall be hairline fitted by miter and further welded as
required to obtain maximum assurance of strength through the
railing's useful life.
3. All splices shall be accomplished by butting one rail to the
next with a structural sleeve insert extending from one rail to
the next and further secured by means of a stainless steel,
aluminum or other proper screw or pop -rivet.
Note: Butt splices to be either hairline fitted or properly gapped
to provide for proper expansion and contraction movement. For
expansion joints be sure that only one side of the sleeve insert
is fastened to the top rail.
4. End connections required to fasten to the building structure
require either a welded end clip or a separate slide clip.
5. Provide weep holes when necessary to drain closed sections from
pretreatment immersion and sprays also for moisture from
condensation to escape.
D. Close exposed ends of pipe with appropriate end cap.
E. For posts set in concrete, furnish matching sleeves or inserts
not less than 5 inches long.
2.06 ALUMINUM FINISHES
A. Finish designations prefixed AAMA conform to the system
established by the American Architectural Manufacturer's
Association.
B. All aluminum railings to receive a baked -on painted powder coat
finish over full pretreatment.
C. Pretreatment Process: A multi -stage pretreatment process is
required prior to shop painting.
•� 1. The railing shall be dipped or sprayed in a concentrated
alkaline cleaner then rinsed in clear water. This process provides
cleaning, degreasing and deep etching on the surface.
I
05522-4
2. The product shall then be dipped or sprayed in a concentrated
acidic treatment to deoxidize, desmut and neutralize the surface
then rinsed in clear water.
3. The product shall then be dipped or sprayed in an acidic
conversion coating to act as a bonding coating for paint adhesion.
4. The product must be completely dried before painting.
D. Painted finish shall be a type that meets the requirements of
AAMA 2604-98 (Voluntary Specification, Performance Requirements
and Test Procedures for Pigmented Coatings on Aluminum Extrusions
and Panels).
E. Finish shall be an exterior quality powder coating applied in
accordance with AAMA 2604-98, minimum 2.5 to 3.5 mils thick: Tiger
Drylac Series 28 High Performance Powder, or other manufacturers
with product information indicating compliance with AAMA 2604-98.
PART 3 EXECUTION
3.01 PREPARATION
A. Verify anchor installation and other site conditions are
acceptable.
3.02 DISSIMILAR METALS
A. Paint aluminum components that come into contact with
dissimilar metals with a heavy coat of proper primer.
B. Paint exposed aluminum components that come into contact with
cement or lime mortar, with water -white methacrylate lacquer or
zinc chromate.
3.03 INSTALLATION
A. Install in accordance with shop drawings and manufacturer's
instructions.
B. Erect Work square and level, horizontal or parallel to rake of
steps or ramp, and free from distortion or defects detrimental to
appearance or performance.
C. Anchor railings to structure as detailed. Set posts in packing
of non -shrink grout and strike level to accommodate cover flange.
D. Provide expansion joints as necessary to allow for thermal
contraction or expansion.
05522-5
i
3.04 CLEANING
A. As installation is completed, wash thoroughly using clean water
and soap. Rinse with clean water.
B. Do not use acid solution, steel wool, or other harsh abrasives.
3.05 REPAIR OF DEFECTIVE WORK
r
A. Remove stained or otherwise defective work and replace with
material that meets specification requirements.
END OF SECTION
05522-6
SECTION 09688
CARPET - DIRECT GLUED
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Carpet direct -glued to substrate.
B. Accessories.
1.02 RELATED SECTIONS
A. Section 16311 - Step and Aisle Lighting: Raceway Base
,Extrusions for termination edging of adjacent floor
finish.
1.03 SUBMITTALS AT PROJECT CLOSEOUT
A. Section 01700 - Contract Closeout: Procedures for
submittals.
B. Maintenance Data: Include maintenance procedures,
recommended maintenance materials, and suggested schedule
for cleaning.
1.04 QUALITY ASSURANCE
A. Installer Qualifications: Company specializing in
installing carpet with minimum three years experience.
1.05 ENVIRONMENTAL REQUIREMENTS
A. Store materials in area of installation for 48 hours
prior to installation.
B. Maintain rhinimum 70 degrees F ambient temperature 1-day
prior to, during and 24 hours after installation.
C. Ventilate installation area during installation and for 3
days after installation.
1.06 EXTRA MATERIALS
A. Provide 5 square yards of carpeting of each type, color,
and pattern specified.
PART 2 PRODUCTS
2.01 MANUFACTURERS
f
0968R-1
A. Bentley Mills, Inc., 14641 Julian Road, City of Industry,
California 91746.
B. Substitutions: Not permitted.
2.02 MATERIALS
A. Carpet Style and Quality: Kings Road.
B. Color:
1. Type A: KR42B 581 Midnight.
2. Type B: KR42B 545 Cosmos Blue.
2.03 ACCESSORIES
A. Sub -Floor Filler: Type recommended by flooring material
manufacturer.
B. Moldings and Edge Strips: To be provided under Section
16311 - Step and Aisle Lighting.
C. Seam Adhesive: Recommended by manufacturer.
D. Contact Adhesive: Recommended by carpet manufacturer.
PART 3 EXECUTION
3.01 REMOVAL OF EXISTING CARPET
A. Remove existing carpet and moldings only in areas
designated to receive new carpeting.
B. Carefully cut existing carpet at locations where it is to
be seamed to new carpeting. Cut in straight line.
C. Cut existing carpet where designated on plans and details
to receive new lighted edge molding.
D. Discard all old edge moldings; do not reuse in new
installation.
E. Remove all traces of existing carpet glue from concrete
rR floor by scraping and/or chemical methods. Completely clean
floor surfaces of dust and chemicals upon completion of
removal activity.
�. 3.02 EXAMINATION
A. Verify that remnants of existing carpet and glue have
been removed and floor surfaces are smooth, flat and are
ready to receive work.
PW
0968R-2
3.03 PREPARATION
A. Remove sub -floor ridges and bumps. Fill minor or local
low spots, cracks, joints, holes, and other defects with
sub -floor filler.
B. Apply, trowel, and float filler to achieve smooth, flat,
hard surface. Prohibit traffic until filler is cured.
C. Vacuum clean substrate.
3.04 INSTALLATION
A. Install carpet in accordance with manufacturer's
instructions.
B. Verify carpet match before cutting to ensure minimal
variation between dye lots.
C. Lay out:
1. Locate seams in area of least traffic, out of areas of
pivoting traffic, and parallel to main traffic.
2. Align run of pile in same direction as anticipated
traffic and in same direction on adjacent pieces.
D. Install carpet tight and flat on sub -floor, well fastened
at edges, with a uniform appearance.
E. Double cut carpet seams. Make cuts straight, true, and
unfrayed. Apply seam adhesive to cut edges of woven carpet
immediately.
F. Apply contact adhesive to floor uniformly at rate
recommended by manufacturer. After sufficient open time,
w_ press carpet into adhesive.
G. Apply seam adhesive to the base of the edge glued down.
Lay adjoining piece with seam straight, not overlapped or
peaked, and free of gaps.
H. Roll with appropriate roller for complete contact of
adhesive to carpet backing.
I. Trim carpet neatly at walls and around interruptions.
J. Complete installation of edge strips, concealing exposed
edges.
3.04 INSTALLATION ON STAIRS
A. Use separate pieces of carpet for each tread and the
riser below.. Apply seam adhesive to all cut edges.
09f RR-3
B. Install carpet with pile direction in the length of the
stair.
C. Insert carpet edges into recess of pre -molded edge strips
and nosings, concealing exposed edges.
D. Adhere carpet tight to stair treads and risers.
3.05 CLEANING
A. Section 01700 - Contract Closeout: Cleaning installed
work.
B. Remove excess adhesive without damage, from floor, base,
and wall surfaces.
C. Clean and vacuum carpet surfaces.
END OF SECTION
096RR-4
SECTION 16010
BASIC ELECTRICAL REQUIREMENTS
PART 1 GENERAL
1.1 NOTE
A. Conform with applicable provisions of the General
Conditions, Special Conditions, General Requirements, and
Supplemental Conditions.
1.2 SCOPE
A. The work included in Division 16 of the Specifications
includes all electrical work, interior and exterior to the
project. Provide all materials, labor, equipment,
transportation, tools, permits, fees, and supervision to
install, test and make operational the complete electrical
systems. .
1.3 QUALITY ASSURANCE.
A. Referenced Standards: Provide and install products in
accordance with referenced standards. Comply with the
standards listed in each section.
B. Codes: The electrical work shall be in accordance with
latest edition of the following codes:
1. National Electrical Code
2. National Electrical Safety Code
3. Life.Safety Code
4. Uniform Building Code
5. City of Lubbock Electrical Ordinance
6. State of Texas codes as applicable
7. National Fire Protection Association
8. Other codes as referenced in individual sections
C. Material Standards: Materials and equipment shall be
listed.or labeled as defined in Article 100 of the National.
Electrical Code (NEC), by a testing agency acceptable to
the Owner. Materials shall be marked for their intended
use.
D. Permits and Inspections: Obtain all permits and
.inspections for the installation of. the work and pay all
charges incident thereto. . Deliver to the Owner all
01100 16010-1
certificates of inspections issued by authorities having
jurisdiction.
1.4 SUBMITTALS
A. Provide submittals for equipment as listed in each Section.
B. Submittals shall include descriptive material, catalog
sheets, diagrams, performance curves, and charts published
by the manufacturer to show conformance with drawings and
specifications.
C. Provide complete electrical characteristics for all
equipment. Lighting submittals shall include samples as
indicated in Section 16311.
D. Submittals shall be clearly marked showing the individual
item offered
E. All electrical submittals shall be bound in a book, indexed
by specification section, and certified that they have been
checked by the contractor.
F. Omissions from.the submittal of any material which has been
shown on the drawings or specified, does not relieve the
contractor from furnishing and installing the item.
1.5 WARRANTY
A. The contractor warrants the material and equipment
w installed to be free from defects for a period of one year
after acceptance by the owner. All defects in labor or
materials occurring during this period shall be repaired or
replaced.
PART 2 PRODUCTS
2.1 EQUIPMENT REQUIREMENTS
A. The electrical equipment specified and shown on the
drawings is based on information available at the time of.
design. If the equipment furnished has different
electrical requirements, the contractor shall make the
required changes to the wire, conduit, controls,
overcurrent protection, switchgear, and installation as
required to accommodate the equipment supplied, without
additional charge to the owner. The cost for such
01100 16010-2
P's
adjustments shall be assigned to the respective section of
this Specification under which the equipment is furnished.
n
2.2 MATERIALS
A. All materials -shall be UL labeled where a Standard exists
for the product. If the product does not bear the UL
label, the manufacturer shall submit documentation from an
independent testing laboratory, acceptable to the authority
having jurisdiction, showing evidence that the product is
suitable for the installation.
E" B. Materials and equipment shall be the standard products in
current production of manufacturers regularly engaged in
the production of such equipment.
C. All materials shall be new and free from defects.
"! Materials of the same type shall be the product of one
manufacturer.
D. All material and equipment shall be installed, applied, and
handled in accordance with the manufacturer's
recommendations and standards.
E. Where no specific material is mentioned, provide the
required material from a reputable manufacturer. The
material shall conform to the project requirements, and
shall be suitable to the engineer.
PART 3 EXECUTION
3.1 GENERAL
A. Fabricate, erect, and install the complete electrical
systems in accordance with accepted good practice by
qualified personnel who are licensed and experienced in
such work. Proceed in an orderly manner so as not to
impede the progress of the project.
3.2 DRAWINGS
A. The electrical drawings are diagrammatic. Carefully
coordinate the work with structural, architectural, and
mechanical conditions. Make adjustments to avoid
conflicts.
B. .The locations shown for electrical equipment is approximate
and not intended to convey the exact details of
P�.
01100 16010-3
t
74
installation. Exact locations are to be determined in the
field by actual measurements.
C. The contractor is responsible for fitting the equipment and
material into the space. If the equipment furnished
requires different space conditions than shown on the
a drawings, the contractor shall arrange for such space and
shall submit a drawing indicating the exact details of
installation prior to construction.
D. Do not scale drawings. Layout electrical equipment using
°' dimensions obtained from the manufacturer of the equipment
and from field measurements.
3.3 SITE INVESTIGATION
4 A. Prior to submitting bids, visit the site and become aware
of existing conditions that may affect the cost of the
project. Include in the bid the work required to remove,
extend, relocate, reconnect or modify existing equipment or
�+ systems, and to restore them to their original condition.
3.4 MATERIALS HANDLING AND STORAGE
A. Handle materials in accordance with the manufacturer's
standards and recommendations.
B. All materials, except those specifically designed to be
installed outdoors, shall be stored in an enclosed, dry
building or. trailer. Protect all stored equipment from
damage. Remove damaged materials from the premises.
W C. Equipment and materials shall not be installed until such
time as the environmental conditions of the job site are
suitable to protect the equipment and materials. They
shall be protected from water, direct sunlight, cold and
heat unless designed for such conditions.
3.5 CUTTING AND PATCHING
A. Sleeve. or cut all openings in walls, floors, ceilings and.
roof required to install the electrical work.
B. Do not cut structural members unless specific permission is
granted by the structural engineer.
01100 16010-4
C. Patch all openings after installation of the work, and
repair any damage caused by this activity. Restore the
!P" surface to its original condition.
3.6 PAINTING
A. Refer to PAINTING Section of these Specifications.
B. Touchup scratched or marred surfaces of all electrical
equipment with paint obtained from the equipment
manufacturers specifically for that purpose. Remove all
oil, dirt, grease and foreign material before painting and
prepare the surface as recommended by the manufacturer.
3.7 TESTING
A. Provide all field-testing
specification sections.
3.8 RECORD DOCUMENTS
specified in the individual
A. Provide record documents as required in Division 1 of the
specifications.
3.9 OPERATION AND MAINTENANCE INSTRUCTIONS
A. Provide Operation and Maintenance manuals as required in
Division 1 of the specifications.
B. Before final inspection, instruct the owner's personnel in
operation of the systems under this Division. Use the
Operation and Maintenance .Manual as basis for the
instruction. Review, the contents of the manual in detail
and explain all aspects of operation and maintenance.
C. Prepare and insert additional data in the manual when need
for such data becomes apparent during instruction.
END OF SECTION
01100 16010-5
h
SECTION .16110
RACEWAYS AND FITTINGS
PART 1 GENERAL
1.1 NOTE
A. Conform with applicable provisions of the General
Conditions, Special Conditions, General Requirements, and
Supplemental Conditions.
1.2 SUBMITTALS
A. Submit manufacturer's data on all materials.
1.3 SCOPE
A. The work shall include furnishing and installing all
flexible metallic conduit and electrical metallic tubing,
pull and junction boxes and outlet boxes, together with all
supporting devices and other accessories required.
PART 2 PRODUCTS
2.1 CONDUITS
A. 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.
B. Flexible Metal Conduit: Spirally wound with hot dip
galvanized steel strips (commercial Greenfield); conforming
to UL Standard UL 1 and UL listed and labeled; Triangle
Conduit and Cable Company, or equivalent.
P" 2.2 CONDUIT FITTINGS
A. Couplings and Terminations for Electrical Metallic Tubing:_
Join lengths of EMT with steel compression couplings.
Attach EMT to boxes or cabinets with steel compression -type
box connectors having an insulated throat with locknuts.
Where grounding bushings are required at terminations, they
shall be T & B Series 3802, or equivalent. Set screw type
.connectors or indent connectors will not be allowed.
01100 16110-1
B. Couplings and Terminations for Flexible Metal Conduit: T &
B 440 Series couplings at connections between flexible and `
�^* rigid conduit; T & B 3110 or 3130 Series nylon insulated
throat, steel connectors at box or cabinet terminations.
C. Expansion Joints in Conduit: 0-Z Type AX with internal
ground and external bonding jumper.
2.3 OUTLET BOXES
A. UL listed of sizes and types specified.
B. Sheet Steel Boxes: Sheet steel not lighter than No. 14
gauge, galvanized after fabrication; Raco, Steel City or
Appleton.
C. Cast Metal Boxes: Cast iron or cast alloy with threaded
hubs; Crouse -Hinds, Appleton or Pyle National.
2.4 PULL BOXES AND JUNCTION BOXES
A. Sheet steel, galvanized inside and outside, with galvanized
covers.
B. Small Boxes: For boxes where the volume required is not
over 100 cubic inches, use standard outlet boxes.
C. Larger Boxes: For boxes where the volume required is over
100 cubic inches, use cabinets as specified for panelboard
cabinets with covers of same gauge as boxes, secured with
corrosion resistant bolts or screws.
PART 3 EXECUTION
3.1 INSTALLATION OF BUILDING RACEWAYS
A. All wiring of every description shall be run in conduit or
electrical metallic tubing unless noted or specified
otherwise. Conduits may be run exposed in machinery and
electrical rooms and unfinished areas. All other conduits
shall be run concealed unless otherwise noted. All exposed_
runs shall be installed parallel to the surface of the
building in a neat and orderly manner.
B. Types: All conduits installed in wet or damp locations, or
on roofs shall be rigid galvanized steel conduits. Above
.grade interior conduits shall be rigid galvanized steel
conduit, intermediate metal conduits or electrical metallic
01100 16110-2
0
sue,
tubing. Conduits installed below grade in slabs or buried
in earth shall be PVC or PVC coated rigid galvanized steel
�* or wrapped rigid galvanized steel.
C. Sizes: Size and install raceways so that conductors may be
drawn in without injury or excessive strain. Make field
bends with approved bending devices. Do not install bends
or offsets in which conduit is crushed, deformed or
otherwise injured.
D. Connections: Use lengths of flexible metal conduit, not
less than 12" long at final connections to all motors,
generators, controls and other devices subject to movement
because of vibration or mechanical adjustment. Use
flexible metal conduit also at connections to recessed
lighting fixtures, and elsewhere as required. In damp or
wet locations, and where installed outdoors, use
"^ liquidtight flexible metal conduit.
E. Around Heat Producing Equipment: Do not install raceways
within 3" of steam and hot water pipes, breeching and
flues, except where crossings are unavoidable, and then
keep raceways at least 1" from insulation on the pipe,
breeching or flue crossed. Wherever possible, avoid
installing raceways directly above or in close proximity to
boilers and other like objects operating at high
temperatures.
F. Damp or Wet Locations: In damp or wet locations make every
effort to avoid installing raceways in a manner which will
create moisture traps. Where they must be so installed,
seal both ends of raceways with an approved sealing
compound to prevent "breathing" and moisture condensation
within the raceways.
G. Different Systems: In systems operating at more than 300
volts between phase conductors, where different phase
conductors are to be run to a common gang wall switch box,
install a separate conduit for each different phase wire
and its. return switch leg, and provide substantial barriers
between adjacent switches in the box so that two different.
phase wires will not be the same compartment.
H. Joining Rigid Conduits: Join with threaded couplings.
Ream out all conduit ends after threading. Secure rigid
conduits at panel boxes, junction boxes, pull boxes,
.switchboards, support boxes, or sheet. metal outlet boxes by
galvanized locknuts, inside and outside, with insulating
01100 16110-3
i
bushing inside.
Unthreaded set screw type couplings or
connectors are
not acceptable in rigid
conduit systems. No
running threads
shall be used anywhere
in conduit systems.
I. Protection of
Raceways: Seal ends of all raceways with
blank discs ("pennies"), push pennies
or other approved
closers during
construction. Do not
pull any conductors
into raceways
until all plastering
in the vicinity is
f"
completed. Swab out all raceways
before pulling in
conductors.
J. Penetrations: Wherever raceways pass through floors, walls
partitions, etc., carefully fill any space between the
outside of the raceway and the building material to prevent
passage of air, water, smoke and fumes. Filling material
shall be fire resistive and installed to meet requirements
of the UL Fire Resistance Directory.
3.2 CONDUIT SUPPORTS
A. Support Spacing: Use minimum spacing as directed by
National Electrical Code, but space hangers more closely
where required by conditions.
B. Vertical Conduit Risers: Support vertical conduits at each
floor by means of riser clamps or U-bolts, clamping them to
a steel channel bridging the opening in the floor.
C. Individual Conduits: Support conduits running vertically
or horizontally with galvanized malleable iron one hole
clamps. Carry individually supported horizontal conduits
1-1/4" and larger on Kindorf No. 150 or Steel City No.
C-149 hangers. Use no perforated strap iron as hanger
material. Where conduits smaller than 1-1/4" are installed
above metal lath and plaster ceilings or mechanically
suspended dry ceilings of the non -removable type, they may
be supported on ceiling runner channels. Where conduits
smaller than 1-1/4" are installed above removable ceilings,
attach them to the structure or bar joists (where present)
or support them on threaded hanger rods with clips. Do not
use any wire to support conduits or to attach conduits to.
supporting members. Locate conduits a sufficient distance
above the ceiling to permit removal of the ceiling panels.
Locate them so as not to hinder access to mechanical and
electrical equipment through the ceiling panels.
D. Multiple Conduits: Where multiple raceways are run
horizontally at the same elevations, they may be supported
01100 16110-4
rs
on trapezes formed of sections of Unistrut angle iron or
channels suspended on rods or pipes. Size trapeze members
including the suspension rods for the number size and
r_
loaded weight of the conduits they are to support. Space
them as required for the smallest conduit supported.
3.3 INSTALLATION OF OUTLET BOXES
o-,
A. Usage: Provide at each outlet or device of whatever
character a metal outlet box in which conduits shall
terminate.
B. Boxes recessed in construction: Sheet steel boxes.
C. For Wall Switches, Receptacles and Communications Use: Use
411x4" size with proper square cornered tile wall cover,
plaster cover, or finishing plate, except where
construction, will not permit or the device requires a
larger box.
D. Boxes for Exposed Work: Cast metal boxes.
3.4 INSTALLATION OF PULL AND JUNCTION BOXES
A. Sizing: Size all pull and junction boxes in accordance
with NEC, using larger sizes than required by code where
job conditions so indicate.
B. Mounting: Fasten all boxes securely to the building
construction, independent of conduit systems. On concealed
conduit systems where boxes are not otherwise accessible,
set box covers flush with finished surfaces for access.
END OF SECTION
01100 16110-5
r�
SECTION 16210
CONDUCTORS
PART 1 GENERAL
1.1 NOTE
A. Conform with applicable provisions of the General
Conditions, Special Conditions, General Requirements, and
Supplemental Conditions. .
1.2 SUBMITTALS
A. Submit manufacturer's data on all materials.
1.3 SCOPE
A. The work shall include the furnishing of all conductors,
together with all splices, connections, identification,
bundling, etc., including pulling devices.
PART 2 PRODUCTS
2.1 CONDUCTORS (600 VOLTS AND UNDER)
A. Type: Soft drawn, annealed copper, UL listed, rated at 600
volts, continuous without weld, splice or joint, uniform
cross-section, free from flaws, scale and other
imperfections; Okonite, Triangle, United Copper Industries,
Anaconda or Simplex. No. 8 and larger shall be stranded;
No. 10 and smaller shall be solid.
- B. Insulation: Branch circuits shall have type THHN/THWN,
THW, or RHW insulation unless the type is specifically
designated or specified. Service feeders shall be type
THHN/THWN or THW. Feeder circuits shall be Type THW. or
THHN/THWN
C. Circuits Subjected to High Temperatures: Type RHH
conductors for wiring in proximity to boilers, and for
motors and devices subject to high temperature because of
high ambient temperature or convection or radiant heat.
D. Lighting Fixture Conductors: Type and size approved by the
NEC for the purpose.
�,,,, 01100 16210 -1
2.2 JOINTS AND SPLICES
A. Stranded Copper Conductors: UL approved solderless bolted
pressure connectors or Thomas and Betts Series 54000
compression connectors. All connectors shall be of proper
sizes to match conductor sizes. All compression connectors
shall be applied with properly sized dies and tools.
Split -bolt connectors are not acceptable.
B. Solid Copper Conductors: UL approved solderless bolted
pressure connectors; or UL approved electrical spring
connectors of "Scotchlok", Ideal or T & B "Piggy" make.
All connectors shall be of proper sizes to match conductor
sizes. Split bolt connectors are not acceptable.
2.3 COLOR CODING
A. Phase conductors shall be black, red and blue for phases,
A, B, and C respectively in the 208 volt system.
PART 3 EXECUTION
3.1 WIRE PULLING
A. Wire Pulling: Provide suitable installation equipment for
pulling conductors into raceways or conduits. Use ropes of
polyethylene, nylon or other suitable material to pull in
conductors. Attach pulling lines to conductors by means of
woven basket grips or by pulling eyes attached directly to
conductors. All conductors to be installed in a single
conduit shall be pulled in together. Pull no conductors
into conduits until all work of a nature which may cause
injury 'to conductors is completed. Use an Underwriters'
listed cable pulling compound where necessary.
B. Cable Lubricants: All cable lubricants shall be UL listed,
and shall be certified by their manufacturer to be
non -injurious to the insulation on which they are used.
C. Pulling Devices in Empty Raceways: Provide in every empty
raceway, not containing conductors to be installed by this_
Contractor, a suitable pull line to facilitate future
installation of wiring. Lines shall be free from splices
and shall have ample exposed length at each end. Identify
each end of each line with a linen tag bearing complete
information as to the purpose of the raceway and the
.location of its other end. All lines shall be nylon or
01100 16210-2
t,
ease
polyethylene cord with a tensile strength not less than 200
pounds.
3.2 INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER)
A. Feeders: Run.all feeders their entire length in continuous
pieces without joints or splices, insofar as practicable.
Make joints in branch circuits only where circuits divide
as shown on drawings. Such joints shall consist of one
through circuit to which shall be spliced the tap circuit.
B. Branch Circuits: Not more than one power or lighting
circuit shall be installed* in a single conduit, except that
one 3-wire circuit or one 4-wire circuit consisting of 2
different phase wires and a common neutral or 3 different
phase wires and a common neutral may be installed in a
single conduit. This provision shall not prohibit the
installation. in a single conduit of all conductors of a
circuit with three- and four-way switching.
Y'
C. Sizes: No wire shall be smaller than No. 12 except for
signal or control circuits, and except for individual
lighting fixture taps as permitted by the National
Electrical Code.
D. Receptacle and Motor Branch Circuits: No. 12 conductors
unless noted or scheduled otherwise.
E. Home runs on 120 volt, 20 ampere Lighting Branch Circuits:
Where length of run from panelboard to first lighting
outlet exceeds 75 feet use No. 10 conductors; otherwise use
No. 12 conductors.
F. Emergency Lighting and Power Conductors: Run in conduits
separate from all other wiring.
G. Joints and Splices: Make joints and splices only where
necessary and only at outlet boxes and pull boxes. All
joints shall be mechanically and electrically secure.
After a joint or splice is complete, insulate it with
Okonite rubber tape, and Manson friction tape to make the.
insulation of the joint or splice equal to that of the
conductor. In lieu of this, 3M Company's "Scotch" No. 33
vinyl plastic tape may be used if applied in at least four
layers (half lapped in two directions), with all larger
splices, terminals,, sharp corners and voids being first
protected by application of "Scotchfil" insulating putty.
01100 16210-3
I
H. Conductor splices in wet locations shall be made in
accordance with the conductor manufacturer's
recommendations.
I. Cable Supports and Boxes: Install cable supports and boxes
for all vertical conductors in accordance with National
Electrical Code requirements. Boxes shall be of heavy
galvanized steel plate construction, not less than No. 10
USS gauge, riveted to an angle iron frame. Removable box
covers shall be secured with corrosion -resistant screws.
For cables without a metallic sheath, cable supports shall
be of the split wedge type which clamps each conductor
firmly and tightens due to the weight of cable. For cables
with metallic sheath, a basket weave or equal type of
support shall be provided as approved by the cable
manufacturer.
3.3 CONDUCTOR TESTS (600 VOLTS AND UNDER)
A. Measure the insulating resistance of service entrance
conductors and between conductors and ground. Resistance
shall be 1,000,000 ohms or more when tested at 500 volts by
megger without branch circuit loads. Tests and procedures
shall meet the approval of the Architect, and shall be in
accordance with the applicable IPCEA standards for the
wires and cables to be installed. Furnish all instruments,
equipment and personnel required for testing, and conduct
tests in the presence of the Architect. Submit written
reports of the tests and results when requested by the
Architect.
END OF SECTION
01100 16210-4
SECTION 16311
STEP AND AISLE LIGHTING
PART 1 GENERAL
1.1 NOTE
` A. Conform with applicable provisions of the General
Conditions, Special Conditions, General Requirements, and
Supplemental Conditions.
1.2 SUBMITTALS
A. Submit product data sheets for all lighting products.
B. Submit 1/8" installation plans.
C. Provide the following samples and data sheets 14 calendar
days before bid opening to receive approval to use
equipment other than the specified equipment from Tempo
Industries, Inc. An Addendum shall be issued stating which
additional lighting products are approved for use on
project. The samples and data sheets must be received
prior to 14 calendar days from bid opening. If they are
received late they shall not be evaluated. Submit the
following samples:
1. 3' section of red/amber step nose extrusion
2. 3' section of carpet/floor amber tread
3. 3' section of step nose blue extrusion
4. 3' section of 2RBF-BK/2RCS-BK
5. 4 LED Sentry seat -mounted lights
6. Transformer and conductors to connect above lights.
1.3 SCOPE
A. This section pertains to all labor, material, equipment and
services necessary for and incidental to the complete
interior lighting system as shown on the drawings and
specified herein.
1.4 QUALITY ASSURANCE
A. Referenced Standards: Provide products that comply with
the referenced standards. These Standards are incorporated
.into this Specification by reference.
01100 16311-1
�v
1. National Fire Protection Association (NFPA)
No. 70 National Electrical Code (NEC)
XM No. 101 Life Safety Code
2. Underwriters Laboratories (UL)
UL 924 Emergency Lighting and Power Equipment
PART 2 PRODUCTS
2.1 ACCEPTABLE MANUFACTURERS
A. Subject to project requirements, products manufactured
by the following companies are acceptable:
1. Tempo Industries, Inc.
1961 McGaw Avenue
Irvine, CA 92614
(949) 442-1601
2.2 LUMINAIRES
A. Provide and install lighting fixtures as shown on the
plans. Furnish ,fixtures in accordance with the
designations scheduled on the drawings. Should any
designation be omitted on the drawings, furnish fixtures
of the same type as used in rooms of similar usage. All
features scheduled for fixtures shall be provided, even
if the catalog number given in the schedule lacks the
required numerals, prefixes of suffixes corresponding to
the feature called for.
2.3 ASSOCIATED EQUIPMENT
A. Step -Down Transformer: Transformer shall be equal to
Tempo Series T-0250-12/2.
B. Adhesive: The adhesive shall be equal to Tempo CX400.
C. Pre -Assemble Wiring: Use Tempo wiring that has been
custom made for this installation.
PART 3 EXECUTION
r°
3.1 INSTALLATION
A. Installation of Interior Step and Aisle Lighting:
Coordinate location with actual conditions. Modify
design as required to illuminate stair riser as
�., 01100 16311-2
indicated. Field measure the existing location to
verify quantities.
B. Where lights are installed in a continuous row, the row
shall be straight and plumb. Lens shall be aligned in
all planes.
C. Provide additional carpet extrusion as required to
complete carpet trim installation. These locations
conceal no wiring, but are there to match the finished
appearance of the theater.
D. Only contractors that have installed at least three
previous low voltage lighting systems shall install the
new system. The Contractor shall also have to receive
approval from the manufacturer to install the system.
E. Provide 10% spares for all the LED and non LED extrusion
and for Sentry seat lights.
END OF SECTION
01100
16311-3