HomeMy WebLinkAboutResolution - 3329 - Contract - Eagle Building & Development - Interior Renovation, Community Centers - 03_08_1990HW:js
RESOLUTION
Resolution # 3329
BI.D #10565
March 8, 1990
Item #31,
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 by
and between the City of Lubbock and Eagle Building & Development for Commu-
nity Centers Interior Renovation, attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this
ATTEST:
Rane.te Boyd, City Secret ry
APPROVED.AS TO CONT
ene tam; Purchasing Manager
APPROVED AS TO FORM:
r
Hafold Wi ard, Assistant City
Attorney
8th day of
March , 1990.
B. C. McMINN, MAYOR
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CITY OF LUBBOCK
SPECIFICATIONS
FOR
COP4TJNITY CENTERS INTERIOR RENOVATION
BID # 10565
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CITY OF LUBBOCK
Lubbock, Texas
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MAILED TO VENDOR: 2-15-90
CLOSE: 02-21-90 2:00 p.m.
BID # 10565
ADDENDUM # 1
PLEASE MODIFY OR AMEND CONTRACT DOCUMENTS AS FOLLOWS:
1. Time of Completion is ninety (90) days.
2. ALL BUILDINGS:
Caulk all joints at soffits, door frames, fascia, batten
strips and trim before painting. Refer to manufacturer's
recommendation.for caulking compatibility with specified
paint.
3. WOODS COMMUNITY CENTER DRAWINGS SHEET 3.00:
Replace all batten strips which are damaged in any way with
- new strips to match existing composition and dimensional
profile.
4. MAXEY COMMUNITY CENTER DRAWINGS SHEET 3.20:
South Exterior Elevation and West Exterior Elevation Extend
the "Limit of Work" to include the wall areas shown to the
right in both elevations terminating at the radius wall
shown in the floor plan. Additional paint to also include
the three free standing pipe columns shown in the South
Exterior Elevation.
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CITY OF LUBBOCK
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
on
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: COMMUNITY CENTERS INTERIOR RENOVATION
ADDRESS:
BID NUMBER: 10565
PROJECT NUMBER: 1481-552101-9468
CONTRACT PREPARED BY: Purchasing Department
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INDEX
PAGE
1. NOTICE TO BIDDERS..........................................................................................3
2. GENERAL INSTRUCTIONS TO BIDDERS.............................................................................4
3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
4. PAYMENT BOND..............................................................................................13
5. PERFORMANCE BOND..........................................................................................16
6. CERTIFICATE OF INSURANCE..................................................................................19
7. CONTRACT..................................................................................................21
8. GENERAL CONDITIONS OF THE AGREEMENT.......................................................................23
9. CURRENT WAGE DETERMINATIONS...............................................................................41
10. SPECIFICATIONS .................... .. ........ ..... ................................... .42
.... .... ..... .... ... .
11. SPECIAL CONDITIONS........................................................................................43
12. NOTICE OF ACCEPTANCE......................................................................................45
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NOTICE TO BIDDERS
BID # 10565
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until
2:00 o'clock p.m. on the 21st day of February, 1990, or as changed by the issuance of formal addenda to all
planholders, to furnish all labor and materials and perform all work for the construction of the following
described project:
COMMUNITY CENTERS INTERIOR RENOVATION
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene
Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
The City Council will consider the bids on the 8th day of March, 1990, at Municipal Bldg., Lubbock,
Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids
and waive any formalities. The successful bidder will be required to furnish a performance bond and payment
bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract
price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a
company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that
will be considered in determination of the lowest responsible bidder. If the contract price does not exceed
$25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a
�^- reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less
than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that
all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a pre -bid conference on 13th day of February, 1990, at 10:00 o'clock a.m., Personnel
Conference Room #108, MunicipaL.Buitding, 1625 13th Street.
CITY OF LUBBOCK
BY: Gene Eads, C.P.M.
Purchasing Manager
ADVERTISEMENT FOR BIDS
BID # 10565
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock,
Texas, 79401 until 2:00 o'clock p.m. on the 21st day of February, 1990, or as changed by the issuance of
formal addenda to all planholders, to furnish all labor and materials and perform all work for the
construction of the following described project:
COMMUNITY CENTERS INTERIOR RENOVATION
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per
Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
r contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
M-. submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
-- There will be a prebid conference on 13th day of February, 1990, at 10:00 o'clock a.m., Personnel
Conference Room 108, Municipal Building, 1625 13th Street.
BY: Gene Eads, C.P.M.
PURCHASING MANAGER
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following:
Interior repairs and renovations to Woods & Maxey Community Centers and Stubbs & Mahon Party Houses.
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the Gen-
eral Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a
bid without charge of forfeitureofdeposit. The contract documents, may be examined without charge as
noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 30 (THIRTY) calendar
days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful
bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however,
the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated
by the contract documents. In the event the City requires a progress schedule to be submitted, and it is
�. determined by the City that the progress of the work is not in accordance with the progress schedule so sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple-
tion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of
the contract documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of
--. the improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
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7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade
will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail
will not relieve the Contractor of full responsibility for providing materials of high quality and -for pro-
tecting 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 provi-
sion. 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.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a
written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and
pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear
within ONE year from date of final acceptance of the work as a result of defective materials or workmanship,
at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his
use during construction. Plans and specifications for use during construction will only be furnished di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, 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 re-
serves the right, after the bids have been opened and before the contract has been awarded, to require of a
bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma-
terials to be incorporated into the work without paying the tax at the time of purchase.
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12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in
such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines,
conduits or other underground structures which might or could be damaged by Contractor during the construc-
tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities of which it has knowledge. How-
ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under-
ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by
this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger
sig-nals, 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 re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor
from the City. In all cases where written permission is obtained for the use of explosives, the Contractor
shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast-
ing. in addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost
care so as not to endanger life or property and the Contractor shall further use only such methods as are
currently utilized by persons, firms, or corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of
responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time that the
work contemplated by this contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required
in the General Conditions of the contract documents, from an underwriter authorized to do business in the
State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written
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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 subroga-
tion.
The insurance certificates furnished shall name the City as an additional insured and shall further state
that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a
statement from the Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the Owner's Representative to do such work. The
final decision on whether to allow construction work requiring an inspector on weekends or holidays will be
made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition
so that it is no longer dangerous to property or life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the
site of the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name
of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The
affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc-
tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon.
The Contractor must classify employees according to one of the classifications set forth in the schedule -of
general prevailing rate of per diem wages, which schedule is included in the contract documents.
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The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten
dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such
Laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set
forth in the schedule of general prevailing rate of per diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to in-
creases or decreases in the cost of materials, labor or other items required for the project will be re-
jected and returned to the bidder without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes
-- to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis-
tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the
price written in figures, the price written in words shall govern. If the proposal is submitted by an
indi-vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm,
association, or partnership, the name and address of each member must be given and the proposal signed by a
member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by
a company or corporation, the company or corporate name and business address must be given, and the proposal
signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign
proposals must be properly certified and must be in writing and submitted with the proposal. The proposal
shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids,
but no proposal may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol-
lowing:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
M All other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
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BID PROPOSAL
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BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
DATE_ C7 l7
..., PROJECT NO.
1, A
" Proposal of G (hereinafter called Bidder)
To the Nonorable.Mayor.and City Council City of L Lk, Texas (hereinafter called Owner)
a -
e
"s Gentlemen
The Bidder, in compliance with your invitation for bids for the construction of a
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other
re-lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing the construction of the proposed project including the availability of materials and labor, hereby proposes to
furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions 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, of which this proposal is to be
a part, is as follows: \
00
BID: l �aL� Z S )
Amount shali be shown in both words and figures. In case of 2,crZeP,
cy, 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 90 (NINETY) 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 $50.00 (Fifty dollars) for each consecutive calendar day in excess of
the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions
of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in-
struction number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in
the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar
days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined
the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date specified in the written notice to proceed, and to substantially complete the
work on which he has bid; as provided in the contract documents.
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Enclosed w" h this proposal is a Cashier's Check or Certified Check for
Dollars ($��or a Proposal Bond in the sum of Dollars (S
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond
(if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of s;!
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all a
tract documents made available to him for his inspection in accordance with the Notice to Bidders.
Contractor
BY:
(Seal if Bidder is a Corporation)
ATTEST:
Secretary.
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PAYMENT BOND
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STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that
(hereinafter called the Principal(s), as
Principal(s), and
(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 Dollars ($ ) lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis-
trators, 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 day of
, 19_, to
and said Principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants
supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said con-
tract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all Liabilities on
this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were
copied at Length herein.
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IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
day of 19_
Surety
Principal
By:
*By_
(Title)
By:
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des-
ignates 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.
Surety
*By_
Approved as to form:
City of Lubbock
By:
City Attorney
(Title)
*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.
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PERFORMANCE BOND
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STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
... OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
r
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
(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 Dollars ($ ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra-
tors, executors, successors and assigns, jointly and severally, firmly by these presents.
^4 WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of
19_, to
and said principal under the law is required before commencing the work provided for in said contract to execute a
--� bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per-
form 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 Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said article to the same extent as if it were
copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _
day of 19
Surety Principal
By:
(Title)
*By:
(Title)
By:
(Title)
-17-
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates 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.
Surety
By:
Approved as to Form
City of Lubbock
By:
City Attorney
(Title)
*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.
MM
CERTIFICATE OF INSURANCE
-19-
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M:1111.10. CERTIFICATE OF INSURANCE IS SUE DATE (MMIDD/YY)
3-21-90
PRODt/CER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Alan Ilonry Tnsurance NO RIGHTS UPON THE CERTIFICATE I101_DER. THIS CERTIFICATE DOES NOT AMEND,
I,. 0. Rox 2 399 EXTEND OR ALTER THE COVERAGF AFFORDED BY THE POLICIES BELOW
T.aahkxx k, Texas 79408-2399
COMPANIES AFFORDING COVERAGE
S�fI
CnDF sun CODE
COMPANY 13
nISIItIr (f tEIIEn
I�aq.t� T'u].Zding al]d Ckwex�ni: lo�xT,l]]cLETTEII. LETiEn C
P611 f e 7, Box 2478
I�tab}�cx k, 'Texas 79401 LEMER"Y D
- COMPANY E
LETTER
�..
COVERAGES T�
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
(fJI;iCATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CEnr�rlcn.rE PJAY-BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
,,�F` CLUSIOtIS AVID CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
x
CO I -. POLICY EFFECTIVE
TRI 'r TYPE OF INSS URANCE POLICY NUMBER
DATE (MM1DD/VY)
POLICY EXPIRATION
DATE (M6VDD/YY) ALL LIMITS IN THOUSANDS
r++
rFNEPAL LIABILITY -
GENERAL AGGREGATE S 500
^-M 4.tFRC1AL, rFNF.nAt. LIABILITY
PnOOUCTS-COMPJOPS AGGREGATE S 500
.CLAI'.IS MARE OCCUR -
x 5430284784 2-2-90
PERSONAL A ADVERTISING INJURY a 300
2-2-91
OlfNrn"S P. COfJTnACTOn S PROT
EACH OCCUnnENCE S 300
...�
.
-
FIRE DAMAGE (Any one lire) S SO
MEDICAL EXPENSE (Any one person) S 5
AUrOrAOBILE LIABILITY,
COMBINED
SINGLES 500
V -- ANY AIITQ
MTLE
LIMIT
AIA 01V11170 A11T0J -
BODILY
-
INJURY S
•..-tiFflth rtl At)tOS -
(For rer90n)
V I4111Fn A1110S
170DILY
x t1r)0I 0rn4tIFn AUTOS 133588152.9 2-2-90
2-2-91 (Per accident)
!;AnA GF LIABILITY _
PROPERTY !
_
-
S
DAMAGE
EXCESS LIABILITY
EACH AGGREGATE
OCCUnnENCE
� a
OTHER THAff I.IhIBnELLA FORM
WonKEn'S rOMrENSATION
STATUTORY
S (EACH ACCIDENT)
AND
S (DISEASE —POLICY LIMIT)
E"'dPLOVERSLIABILITY
S (DISEASE --EACH EMPLOYEI
-
OTHFR
DESCRIPTION OF OPERATIONSILOCATIONSfV£NICLESlnESTnICTIOfISISPECIAL ITEMS
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
1 City of Wolfforth EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 70
i
City Hall MAIL 10_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
I Wolffor.th, Texas 79382 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHOn12E0 REPRESENTATIVE
ACORD 25-S (3/88) OACORD CORPORATION 1968
CONTRACT
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10
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 8th day of March, 1990, by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and Eagle Building & Development
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 CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol-
lows:
BID # 10565 - COMMUNITY CENTERS INTERIOR RENOVATION FOR THE AMOUNT OF $13,452.000
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance and other accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to
make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
APPROVED AS TO FORM:
ATTE
.- � i Ika
)1'7 L 1 4
�., Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
MAYOR
Eagle Bldg. & Dev
CONTRACTOR
By:
TITLEr VW-P'-' r
COMPLETE ADDRESS:
Rt.7 Box 247-B
Lubbock, TX 79401
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GENERAL CONDITIONS OF THE AGREEMENT
-23-
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GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall
be understood to mean the person, persons, co -partnership or corporation, to -wit: Eagle Building &
Development, who has agreed to perform the work embraced in this contract, or to his or their legal
representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood
as referring to CARLOS VIGIL, PARK DEVELOPMENT SUPERVISOR, PARKS AND RECREATION, City of Lubbock, under
whose supervision these contract documents, including the plans and specifications, were prepared, and who
will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized
by said owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act
"—° for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor
or men acting in behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of
the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available
to Bidder for his inspection in accordance with the Notice to Bidders.
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.
Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the
fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
character of the work.
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 re-
sponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
-24-
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent
certified mail to the last business address known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and
all other facilities necessary for the execution and completion of the work covered by the contract docu-
ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be
of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and
quality of materials. Materials or work described in words which so applied have well known, technical or
trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu-
ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and
shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative
will check the Contractor's layout of all major structures and any other layout work done by the Contractor
at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly
Locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract docu-
ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or
quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing
assurances for the Owner that the completed project will conform to the requirements of the contract docu-
ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with
the Contract Documents. On the basis of his on -site observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of
the Contractor.
-25-
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence-
ment of the work contemplated by these contract documents or the completion of the work contemplated by
these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's
Representative to comply with this requirement, but such suspension will be as brief as practical and Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks,
etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him,
his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa-
tive at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
-- Representative shall review all work included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all
cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this
contract. He shall determine all questions in relation to said work and the construction thereof, and
shall, in all cases, decide every question which may arise relative to the execution of this contract on the
part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent
to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the
Contractor to receive any money under this contract; provided, however, that should Owner's Representative
render any decision or give any direction, which in the opinion of either party hereto, is not in accordance
with the meaning and intent of this contract, either party may file with said Owner's Representative within
30 days his written objection to the decision or direction so rendered, and by such action may reserve the
right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc-
tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there-
from shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela-
tive to the execution of the work or the interpretation of the contract, specifications and plans. Should
the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint
from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative
may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that
said material is furnished and said work is done in accordance with the specifications therefore. The Con-
tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors
or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey
the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when
such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate
engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's
Representative for his decision.
-26-
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and
shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all
satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by
competent and reasonable representatives of the Contractor is essential to the proper performance of the
work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or
any subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na-
ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate-
rials to be encountered, the character of equipment and facilities needed preliminary to and during the
prosecution of the work, and the general and local conditions, and all other matters which in any way effect
the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of
the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or
obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish same, and it is also understood that Owner shall not be held responsible for the care, preservation,
conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it
is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure
shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob-
servation, 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.
-27-
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the
work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser-
vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain
the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am-
ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep-
resentative may reject any work found to be defective or not in accordance with the contract documents,
re-gardless of the stage of its completion or the time or place of discovery of such errors and regardless of
whether Owner's Observer has previously accepted the work through oversight or otherwise. if any work
should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre-
sentative, 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 Representa-
tive 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 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 Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work
which fails to meet the requirements of any such tests, inspections or approval, and any work which meets
�., the requirements of any such tests or approval but does not meet the requirements of the contract documents
shall be considered defective. Such defective work shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections,
tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with
the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work
for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as un-
suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after
receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re-
build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur-
ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part
thereof, either before or after the beginning of the construction, without affecting the validity of this
contract and the accompanying bond.
®" If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the
basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in-
crease 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
-28-
case the Owner shall make such changes or alterations as shall make useless any work already done or mate-
rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or Labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
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, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa-
tive when presented with a written work order signed by the Owner's Representative; subject, however, to the
right of the Contractor to require written confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined
by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is com-
menced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this para-
graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as
foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and
equipment, for the time actually employed or used on such extra work, plus actual transportation charges
necessarily incurred, together with all expenses incurred directly on account of such extra work, including
Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's
Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or
Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts
of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's
Representative. The Owner's Representative may also specify in writing, before the work commences, the
method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin-
ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of
Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical,
the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work
order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and com-
pensate him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments of cost and expense not embraced within the actual field cost as herein defined, save that where the
Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost
to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In
case any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre-
sentative for a written order authorizing such extra work. Shoutd 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 in-
sists upon its performance, the Contractor shall proceed with the work after making written request for
written order and shall keep adequate and accurate account of the actual field cost thereof, as provided
under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi-
tration as herein below provided.
-29-
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor
and that such price shall include all appurtenances necessary to complete the work in accordance with the
intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any
discrepancies or omissions in these plans, specifications, or contract documents, he should notify the
Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to
complete the work in accordance with these plans and specifications. It is further understood that any re-
quest for clarification must be submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the
quality of work with the rate of progress required under this contract, the Owner or Owner's Representative
may order the Contractor in writing to increase their safety or improve their character and efficiency and
the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci-
fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. ALL machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention
-� in Construction" of Associated General Contractors of America, except where incompatible with federal, state
or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem-
nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or
claims of any character whatsoever, brought for or on account of any injuries or damages received or sus-
tained by any person or persons or property, on account of any negligent act or fault of the Contractor or
any subcontractor, their agents or employees, in the execution and supervision of said contract, and the
project which is the subject matter of this contract, on account of the failure of Contractor or any subcon-
tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment
with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as
an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be
given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized to transact business in the State of Texas and shall coverall operations in connection with this'
contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided
covering the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy
naming the City of Lubbock as insured and the amount of such policy shall be as follows
For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
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
The Contractor shall obtain a Builder's Risk policy in the amount of (100%'of poten-
tial loss) naming the City of Lubbock as insured.
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E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of
($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages.
The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
�. F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at least $100,000 limit.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
offered as evidence of compliance with the above insurance requirements, signed by an authorized
representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne
by such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the
date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named in-
sured 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) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT
AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness
within five (5) days after demand is made, then Owner may, during the period for which such indebtedness
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shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such
unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de-
vice, material or process covered by Letters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or
copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that
Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is speci-
fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm-
less from any loss on account thereof. If the material or process specified or required by owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
Owner of such infringement.
31. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor or his employees. If the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in-
sofar 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.
32. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to
the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature
of the work, or materials required in the performance of this contract, shall not relieve the Contractor
from his full obligations to the Owner, as provided by this contractual agreement.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract of work to be done hereunder are essential
conditions of this contract; and it is further mutually understood and agreed that the work embraced in this
contract shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $50.00 (FIFTY DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the
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breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in
default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this local-
ity.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica-
bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from
current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this
contract.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and
in such manner as shall be most conductive to economy of construction; provided, however, that the order and
time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in
accordance with this contact, the plans and specifications, and within the time of completion designated in
the proposals; provided, also, that when the Owner is having other work done, either by contract or by his
own force, the Owner's Representative may direct the time and manner of constructing work done under this
contract so that conflicts will be avoided and the construction of the various works being done for -the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at
which the Contractor will start the several parts of the work and estimated dates of completion of the sev-
eral parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the
completion of this project, taking into consideration the average climatic range and industrial conditions
prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove
set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract,
except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees
of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike,
walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written justification as may be required by Owner's Representative
for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. Should the Contractor disagree with the action of City Council on granting an extension of
time, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
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shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of
the work embraced in this contract except where the work is stopped by order of the Owner or owner's
Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's
Representative that is caused by such stoppage shall be paid by Owner to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.
In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract,
including the specifications, plans and other contract documents are intended to show clearly all work to be
done and material to be furnished hereunder. Where the estimated quantities are shown for the various
classes of work to be done and material to be furnished under this contract, they are approximate and are to
be used only as a basis for estimating the probable cost of the work and for comparing their proposals of-
fered for the work. It is understood and agreed that the actual amount of work to be done and the materials
to be furnished under this contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of work done
and materials furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any
way encountered, which may be injured or seriously affected by any process of construction to be undertaken
under this agreement, from any damage or injury by reason of said process of construction; and he shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims
for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. PRICE FOR WORK
in consideration of the furnishing of all necessary labor, equipment and material and the completion of all
work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity
with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price
set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor
hereby agrees to receive such price in full for furnishing all materials and all labor required for the
aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the
whole thereof in the manner and according to this agreement, the attached specifications, plans, contract
documents and requirements of Owner's Representative.
40. 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 de-
fective 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 con-
tract. Acceptance by Contractor of final payment of the -contract price shall constitute a waiver of all
claims against Owner which have not theretofore been timely filed as provided in this contract.
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41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica-
tion for partial payment. Owner's Representative shall review said application for partial payment and the
progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par-
tial payment showing as completely as practical the total value of the work done by the Contractor up to and
including the last day of the preceding month; said statement shall also include the value of all sound ma-
terials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount
of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5%
shall be retained until final payment, and further, less all previous payments and all further sums that may
be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole
work be near to completion,'and this fact is certified to by Owner's Representative and some unexpected and
some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon
written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per-
centage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that
the work has been completed or substantially completed, the Owner's Representative and the Owner shall in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his
certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to
issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under
the terms of the agreement, and shall certify same to the owner, who shall pay to the Contractor on or be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the
certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve
the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the owner's Representative
on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other
contractors damaged by any such removal or 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.
�« 45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for
any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the
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date of substantial completion. The Owner or the owner's Representative shall give notice of observed de-
fects with reasonable promptness.
46. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner,
which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of
them.
47. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the
Owner's Representative has given any directions, order or instruction to which the Contractor desires to
take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and
render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's
Representative, any demand for arbitration shall be filed with the Owner's Representative and the owner in
writing within ten (10) days after the date of delivery to Contractor of the final decision of the owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by
the Contractor of the final payment shall be a bar to any claim by either party, except where noted other-
wise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named
in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se-
lect a third within ten (10) days, he shalt be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration
fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de-
cision of the Owner's Representative shall be final and binding on him. Should the other party fail to
choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei-
ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the
contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar-
biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated
Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
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99
The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the
appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar-
biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ-
ing and shall not be open to objection on account of the form of proceedings or award.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or-
ders of the Owners Representative, when such orders are consistent with this contract, this Agreement, or
.. the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to
complete the work and a copy of said notice shall be delivered to the Contractor.
-- After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any
rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as
provided for under paragraph 24 of this contract); it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided
for within ten (10) days after service of such notice, then the Owner may provide for completion of the work
in either of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup-
plies 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 com-
pleted 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 com-
pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa-
per having a general circulation in the County of location of the work, may let the contract for the
completion of the work under substantially the same terms and conditions which are provided in this
contract. In case of any increase in cost to the Owner under the new contract as compared to what
would have been the cost under this contract, such increase shall be charged to the Contractor and
the Surety shall be and remain bound therefore. However, should the cost to complete any such new
contract prove to be less than that which would have been the cost to complete the work under this
contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified
and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be
issued. A complete itemized statement of the contract accounts, certified to by Owners Representative as
being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or
his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within
30 days after the date of certificate of completion.
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In the event the statement of accounts shows that the cost to complete the work is less than that which
would have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be
turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract'
price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the
work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that
actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date
of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net
sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either
public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin-
ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply
with said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all
materials on the ground that have not been included in payments to the Contractor and have not been incorpo-
rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the value of all work actually completed by said Con,
tractor at the prices stated in the the attached proposal, the value of all partially completed work at a
fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided
for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con-
tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative
shall then make a final statement of the balance due the Contractor by deducting from the above estimate all
previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this
Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with
Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the
event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu-
tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner,
and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
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53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
work, shall be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au-
thority to direct, supervise, and control his own employees and to determine the method of the performance
of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob-
serve Contractor's work during his performance and to carry out the other prerogatives which are expressly
reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at
any time change or effect the status of the Contractor as an independent contractor with respect to either
*— the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or
corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and
at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
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0
CURRENT WAGE DETERMINATIONS
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Resolution #2502
` January 8, 1987
Agenda Item #18
DGV:da
RESOLUTION
-" WHEREAS, the City Council has heretofore established the general --
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
�- in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and -
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
,contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction Trades
-^ Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
-� Passed by the City Council this 8th day of January 1987.
B.C. McMINN, MAYOR
ae r - �
:Ranettd.Boyd, City Secretary
APPROVED AV T ONTENT: APPROVED AS TO FORM:
Bi 1 P yne, D rector of Building Do ld G. Vandiver, First
,� Services Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -
Heavy
Light
Floor Installer
Glazier
Insulator, Piping/Boiler
Insulator -Helper
Iron Worker
Laborer, General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder - Certified
Hourlv Rate
$11.60
8.35
5.50
10.50
5.00
11.00
5.50
7.35
8.70
10.50
5.25
8.00
5.70
8.00
7.50
9.50
5.00
7.30
4.75
5.60
8.75
9.25
6.00
7.65
4.75
8.75
5.50
8.00
i
EXHIBIT B
Paving and Highway Construction
- Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
.•� Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
-� Truck Driver -
Light
Heavy
.
Hourlv Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
- t
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft
Power Line Foreman
Lineman Journeyman
Lineman Apprentice Series
Groundman Series
Hourly Rate
$11.00
10.45
8.90
7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.l 1/2 times base rate.
Y.-
r11
SPECIFICATIONS
-42-
(This page left blank intentionally)
SECTION 02072
MINOR DEMOLITION FOR REMODELING
PART 1 GENERAL
1.01 WORK INCLUDED
A. Remove designated partitions and components.
B. Cap and identify utilities.
1.02 RELATED WORK
A. Section 01005 - Administrative Provisions: 01010 - Summary
of Work.
1.03 EXISTING CONDITIONS
A. Conduct demolition to minimize interference with adjacent
building areas. Maintain protected egress and access at
all times.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
3.01 PREPARATION
A. Erect and maintain weatherproof closures for exterior
openings.
B. Protect existing items which are not indicated to be
altered.
C. Disconnect, remove, and cap designated utility services
within demolition areas.
D. Mark location of disconnected utilities. Identify and
indicate capping locations on Project Record Documents.
3.02 EXECUTION
A. Demolish in an orderly and careful manner. Protect
existing foundation, supporting structural members.
B. Except where noted otherwise, immediately remove
demolished materials from site.
SECTION 03001
CONCRETE
PART 1 GENERAL
1.01 WORK INCLUDED
A. Formwork, shoring, bracing, and anchorage.
B. Concrete reinforcement and accessories.
C. Cast -in -place concrete.
1.02 WORK INSTALLED BUT FURNISHED UNDER OTHER SECTIONS
A. Section 01400 - Testing Laboratory Services
1.03 REFERENCES
A. ACI 301 - Specifications of Structural Concrete for
Buildings.
B. ANSI/ASTM A185 - Welded Steel Wire Fabric for Concrete
Reinforcement.
C. ANSI/ASTM A497 - Welded Deformed Steel Wire Fabric for
Concrete Reinforcement.
D. ASTM A615 - Deformed and Plain Billet -Steel for Concrete
Reinforcement.
E. ASTM C33 - Concrete Aggregates.
F. ASTM C94 - Ready -Mixed Concrete.
G. ASTM C150 - Portland Cement.
H. ASTM C260 - Air Entraining Admixtures for Concrete.
I. ASTM C309 - Liquid Membrane -Forming Compounds for Curing
Concrete.
J. ASTM D2103 - Polyethylene Film and Sheeting.
K. FS TT-C-800 - Curing Compound, Concrete, for New and
Existing Surfaces.
SECTION 03001
(1)
H. Do not burn or bury materials on site.
I. Remove demolished materials from site as work progresses.
Upon completion of work, leave areas of work in clean
condition.
END OF SECTION
0
0
I-
P-
1.04 QUALITY ASSURANCE
A. Perform work in accordance with ACI 301.
B. Maintain copy of ACT 301 on site.
1.05 TESTS
A. Testing and analysis of concrete will be performed under
provisions of Section 01400.
B. Submit proposed mix design of each class of concrete to
appointed firm for review prior to commencement of work.
C. Tests of cement -and aggregates will be performed to ensure
conformance with requirements stated herein.
E. Three concrete test cylinders will be taken for every 75
or less cu yds of each class of concrete placed each day.
F. One additional test cylinder will be taken during cold
weather and be cured on site under same conditions as
concrete it represents.
G. One slump test will be taken for each set of test
cylinders taken.
1.06 SHOP DRAWINGS
A. Submit shop drawings of reinforcing steel and formwork
under provisions of Section 01300.
B. Indicate reinforcement sizes, spacings, locations and
quantities of reinforcing steel, and wire fabric, bending
and cutting schedules, splicing, and supporting and
spacing devices.
C. Indicate formwork dimensioning, materials, arrangement of
joints and ties.
D. Prepare shop drawings under seal of professional
structural engineer registered in State of Texas.
PART 2 PRODUCTS
2.01 FORM MATERIALS
A. Conform to ACI 301.
SECTION 03001
(2)
2.02 REINFORCING STEEL
A. Reinforcing Steel (#3's and 4's) : ASTM, A615, 40 ksi
yield grade billet steel deformed bars; uncoated finish.
B. Reinforcing Steel - Larger than #4's: same as above except
60 ksi.
C. Welded Steel Wire Fabric: Plain type, ANSI/ASTM A185;
coiled rolls; uncoated finish.
2.03 CONCRETE MATERIALS
A. Cement: ASTM C150, normal - Type 1 Portland, grey color.
B. Fine and Coarse Aggregates: ASTM C33.
C. Water: Clean and not detrimental to concrete.
2.04 ADMIXTURES.
A. Air Entrainment Admixture: ASTM C260.
2.05 ACCESSORIES
A. Expansion Joints: Asphalt impregnated fiber type.
B. Form Release Agent: Colorless material which will not
stain concrete, absorb moisture [or impair natural bonding
or color characteristics of coating intended for use on
concrete; manufactured by Sonneborn.
2.06 CURING MATERIALS
A. Water: Clean and drinkable.
B. Membrane Curing Compound: ASTM C309.
C. Clear .Sealer: 1: WR Meadows-Sealtight CS-309, after final
trowelling. Coat 2 and 3:WR Meadows-TIAH just prior to
occupancy.
SECTION 03001
(3)
2.07 CONCRETE MIX _
A. Mix concrete in accordance with ASTM C94.
B. Slab On Fill Concrete:
1. Compressive Strength
(7 days): 2000 psi
2. Compressive Strength
(28 days): 3000 psi
3. Slump: 6 inch
C. Add air entraining agent to mix for concrete exposed to
freeze -thaw cycling.
PART 3 EXECUTION
3.01 FORMWORK ERECTION
A. Verify lines, levels, and measurement before proceeding
with formwork.
B. Hand trim sides and bottom of earth forms; remove loose
dirt.
C. Align form joints.
,., D. Do not apply form release agent where concrete surfaces
receive special finishes or applied coatings which may be
affected by agent.
3.02 REINFORCEMENT
A. Place, support, and secure reinforcement against
displacement.
3.03 PLACING CONCRETE
A. Notify Architect/Engineer minimum 24 hours prior to
commencement of concreting operations.
SECTION 03001
(4)
,--
3.04 SLABS
A. Dowel to existing slabs, where saw cut and remove prior to
placing slabs.
B. Saw cut control joints at an optimum time after finishing.
Cut slabs with 3/16 inch thick blade, cutting 1/4 of depth
of slab thickness.
C. Separate slabs on fill from vertical surfaces with joint
filler. Extend joint filler from bottom of slab to within
1/2 inch of finished slab surface.
D. Light broom finish surfaces.
3.05 TOLERANCES
A. Provide Class A tolerance to slabs according to ACI 301.
Pitch to drains 1/4 inch per foot nominal.
END OF SECTION
SECTION 03001
(5)
Section 04100
MORTAR
PART 1 GENERAL
1.01 WORK INCLUDED
A. Mortar and grout for unit masonry.
1.02 RELATED WORK
A. Section 01400-Quality Control: Testing laboratory services
B. Section 04300-Unit Masonry System
1.03 REFERENVCES
A. ASTM C5-Quickline for Structural Purposes.
B. ASTM C91-Masonry Cement.
C. ASTM C94-Ready-Mixed Concrete.
D. ASTM-C144-Aggregate for Masonry Mortar.
E. ASTM C150-Portland Cement.
F. ASTM C207-Hydrated Lime for Masonry Purposes.
G. ASTM C270-Mortar for Unit Masonry.
H. ASTM C387-Packaged, Dry, Combined Materials for Mortar and
Concrete.
I. ASTM C476-Grout for Reinforced and Non -reinforced Masonry.
J. ASTM C780-Preconstruction and Construction Evaluation of Mortars
for Plain and Reinforced Unit Masonry.
K. International Masonry Industry All -Weather Council (IMIAC)
Recommended Practices and Guide Specifications for Cold Weather
Masonry Construction.
1.04 MIX TESTS
- A. Test Mortar mix cubes under provisions of Section 01400.
B. Test grout mix cylinders under provisions of Section 01400.
SECTION 04100
(1)
1.05 SUBMITTALS
A. Submit product data under provisions of Section 01300.
B. Include design mix, enviromental conditions, and admixture
limitations.
C. Submit manufacturer's installation instructions under provisions
of Section 01300.
1.06 ENVIROMENTAL REQUIREMENTS
A. Maintain materials and surrounding air tempature to minimum 50
degrees F (10 degrees C) prior to, during and 48 hours after
completion of masonry work.
PART 2 PRODUCTS
2.01 MATERIALS
A. Portland Cement: ASTM C150, normal -Type I; gray color.
B. Masonry Cement: ASTM C98, for general use.
C. Mortar Aggregate: ASTM C144, standard masonry type; clean, dry,
protected against damages, freezing, and foreign matter.
D. Hydrated Lime: ASTM C207, Type S.
E. Water: Clean and potable.
2.02 MIXES
A. Mortar for Load Bearing Walls and Partitions: ASTM C270 Type S.
B. Mortar for Non -Load Bearing Walls and Partitions: ASTM C270,
Type S.
2.03 CONCRETE FILL
A. Bond beams: 3000 psi strength at 28 days; 7-8" slump; premixed
type in accordance with ASTM C94.
SECTION 04100
(2)
2.04 MORTAR MIXING
A. Thoroughly mix mortar ingrediants in quantities needed for
immediate use in accordance with ASTM C270.
B. Do not use anti -freeze compounds to lower the freezing point of
the mortar.
C. If water is lost by evaporation, retemper within two hours of
mixing. Do not retemper mortar after two hours mixing.
PART 3 EXECUTION
3.01 INSTALLATION
A. After inspection of concrete grout spaces by Architect/Engineer,
plug cleanout holes with masonry units. Brace against wet grout
pressure.
B. Install mortar and grout in accordance with 04300.
C. Work grout into cores and cavities to eliminate voids.
D. Do not displace reinforcing steel when placing grout.
E. Clean concrete grout spaces of excess mortar and debris.
END OF SECTION
SECTION 04100
(3)
SECTION 04300
UNIT MASONRY SYSTEM - CMU
PART 1 GENERAL
1.01 WORK INCLUDED
A. Concrete Masonry units.
B. Reinforcement, anchorages, and accessories.
1.02 WORK INSTALLED BUT FURNISHED UNDER OTHER SECTIONS
A. Section 06001 - Carpentry: Fabricated steel items and
anchorage.
1.03 RELATED WORK
A. Section 01400 Quality Control: Testing laboratory
services.
B. Section 04100 - Mortar: Mortar and grout.
C. Section 07900 - Joint Sealers: Rod and sealant at control ,
joints.
1.04 SAMPLES
A. Submit samples under provisions of Section 01300.
1.05 CERTIFICATES
A. Submit manufacturer's certificates under provisions of
Section 01400.
B. Submit manufacturer's certificate that CMU materials meet
or exceed specified requirements.
1.06 ENVIRONMENTAL REQUIREMENTS
A. Maintain materials and surrounding air temperature to
minimum 50 degrees F (10 degrees C) prior to, during, and
48 hours after completion of masonry work.
SECTION 04300
(1)
PART 2 PRODUCTS
2.01 ACCEPTABLE CONCRETE MASONRY UNIT MANUFACTURERS
A. Featherlite
B. Substitutions: Under provisions of Section 01600.
2.02 CONCRETE MASONRY UNITS
A. Hollow Load Bearing Units: ASTM C90, Grade S, Type I;
light weight.
B. Masonry Units: Modular sized to 8 x 8 x 16 inch; provide
special units for 90 degree corners, bond beams, lintels.
2.03 REINFORCEMENT AND ANCHORAGES
A. Single Wythe Joint Reinforcement: Truss type; plain steel
construction; 3/16 inch side rods with 9 GA cross ties;
AA600 - HD manufactured by AA Wire Products.
SECTION 04300
(2)
PART 3 EXECUTION
3.01 PREPARATION
A. Supply metal anchors to Section 08111 for placement.
Direct correct placement.
B. Verify items provided by other Sections of work are
properly sized and located.
C. Establish lines, levels, and coursing. Protect from
disturbance.
D. Provide temporary bracing during erection of masonry work.
Maintain in place until building structure provides
permanent bracing.
3.02 COURSING
A. Place masonry to lines and levels indicated.
B. Maintain masonry courses to uniform width. Make vertical
and horizontal joints equal and of uniform thickness.
C. Lay concrete masonry units in running bond. Course one
lock unit and one mortar joint to equal 8 inches. Form
concave mortar joints.
3.03 PLACING AND BONDING
A. Lay masonry in full bed of mortar, properly jointed with
other work. Buttering corners of joints, and deep or
excessive furrowing of mortar joints are not permitted.
B. Fully bond intersections, and external and internal
corners.
C. Do not shift or tap masonry units after mortar has taken
initial set. Where adjustment must be made, remove mortar
and replace.
D. Remove excess mortar.
E. Perform jobsite cutting with proper tools to provide
straight unchipped edges. Take care to prevent breaking
masonry unit corners or edges.
F. Cut mortar joints of concrete masonry units flush where
resilient base is scheduled cavity insulation vapor
barrier adhesive is applied or ceramic tile is applied.
G. Isolate masonry partitions from vertical structural
framing members with a control joint.
SECTION 04300
(3)
3.04
TOLERANCES
A.
Variation from Unit to Adjacent Unit: 1/32 inch.
B.
Variation from Plane of Wall: 1/4 inch in 10 feet and 1/2
inch in 20 feet or more.
C.
Variation from Plumb: 1/4 inch per story non -cumulative;
1/2 inch in two stories or more.
D.
Variation from Level Coursing: 1/8 inch in 3 feet 1/4 inch
in 10 feet; 1/2 inch maximum.
E.
Variation of Joint Thickness: 1/8 inch in 3 feet.
F.
Maximum Variation from Cross Sectional Thickness of Walls:
.„
Plus or minus 1/4 inch.
3.05
REINFORCEMENT AND ANCHORAGES
A.
Install horizontal joint reinforcement 16 inches oc.
B.
Place masonry joint reinforcement in first and second
horizontal joints above and below openings. Extend 16
inches minimum each side of opening.
C.
Place joint reinforcement continuous in first joint below-
top of walls.
D.
Lap joint reinforcement ends minimum 6 inches. Extend
16 inches minimum each side of opening.
E.
Place reinforcing bars supported and secured against
.�
displacement. Maintain position within 1/2 inch (13 mm)
of true dimension.
F.
Verify that anchorages embedded in concrete members are
properly placed.
�-^
SECTION 04300
(4)
3.06 CONTROL JOINTS
A. Do not continue horizontal joint reinforcing across
control joints.
B. Form control joint by use of sheet building paper bond
breaker one side fitted to hollow contour of block unit
end. Fill created core with grout fill. Rake joint at
exposed faces for rod and sealant.
C. Size joint in accordance with Section 07900 for sealant
perf ormance .
3.07 BUILT-IN WORK
A. As work progresses, build -in metal door frames,
fabricated metal frames, window frames, wood nailing
strips, anchor bolts, plates, and other items to be built
in the work supplied by other Sections.
B. Build -in items plumb and level.
C. Bed anchors of metal door and glazed frames in mortar
joints. Fill frame voids solid with mortar. Fill masonry
cores with grout minimum 8 inches from framed openings.
D. Do not build -in organic materials subject to
deterioration.
SECTION 04300
(5)
3.10
CUTTING AND FITTING
A.
Cut and fit for pipes conduit sleeves. Cooperate with
other Sections of work to provide correct size, shape, and
location.
B.
Obtain approval prior to cutting or fitting any area not
indicated or where appearance or strength of masonry work
may be impaired.
.r. 3.11
CLEANING
A.
Remove excess mortar and smears.
B.
Replace defective mortar. Match adjacent work.
C.
Clean soiled surfaces with a non -acidic solution which
will not harm masonry or adjacent materials. Consult
masonry manufacturer for acceptable cleaners.
D.
Use non-metallic tools in cleaning operations.
3.12
PROTECTION
A.
Protect finished installation under provisions of Section
01500.
B.
Maintain protective boards at exposed external corners
which may be damaged by construction activities.
C.
Provide protection without damaging completed work.
D.
At day's end, cover unfinished walls to prevent moisture
.�
infiltration.
END OF SECTION
SECTION 04300
(6)
SECTION 06100
ROUGH CARPENTRY
PART 1 GENERAL
1.01 WORK INCLUDED
A. Miscellaneous wood framing for window openings
B. Framing for chases & walls patching locations.
C. Preservative treatment.
D. Fire Retardant treatment.
1.02 RELATED WORK
A. Section 06425 - Wood Veneer Paneling.
1.03 REFERENCES
A. FS TT-W-550 - Wood Preservative, Chromated Copper Arsenate
Mixture.
B. FS TT-W-571 - Wood Preservation: Treating Practices.
C. FS TT-W-572 - Wood Preservative: Water Repellent.
D. NFPA - National Design Specification for Stress Grade
Lumber and its Fastening.
E. PS 20 - American Softwood Lumber Standard.
1.04 QUALITY ASSURANCE
A. Lumber: Identify with grade stamp of an agency certified
by NFPA .
B. Fire retardant treatment to conform to requirements of
Underwriters' Laboratories (UL).
1.05 REGULATORY.REQUIREMENTS
A. Conform to UBC code for fire retardant treatment of wood
surfaces for flame/fuel/smoke ratings.
SECTION 06100
(1)
1.06 PRODUCT DATA
A. Submit product data under provisions of Section 01300.
B. Identify preservative properties, method of treatment,
expected service life.
PART 2 PRODUCTS
2.01 MATERIALS
A. Lumber: PS 20, graded in accordance with NFPA Grading
Rules; maximum moisture content of 19 percent; Southern
Yellow Pine species; construction grade.
...2.02 ACCESSORIES
A. Nails, Spikes, and Staples: Galvanized for exterior
locations, high humidity locations, and treated woods;
plain finish for other interior locations; size and type
to suit application.
�- B. Bolts, Nuts, Washers, Lags and Screws: Medium carbon
steel; size and type to suit application; galvanized for
exterior location, high humidity location, and treated
wood; plain finish for other interior locations.
C. Fasteners: Toggle bolt type for anchorage to hollow
masonry. Expansion shield and lag bolt type for anchorage
to solid masonry or concrete. Bolts or power activated
type for anchorage to steel.
,._ 2.03 WOOD TREATMENT MATERIALS
A. Wood Preservative: CCA type, green color; "Wolmanized"
manufactured by Wood Preserving Co. Pittsburgh, PA.
B. Fire Retardant: "Dricon" as manufactured by Koppers Corp.
2.04 SHOP TREATMENT OF WOOD MATERIALS
A. Shop pressure treat wood materials requiring pressure
impregnated preservatives to FS TT-W-571, Table 3.
B. Redry wood after pressure treatment to maximum percent
moisture content.
SECTION 06100
(2)
PART 3 EXECUTION
3.01 SITE TREATMENT OF WOOD MATERIALS
A. Apply preservative treatment in accordance with
manufacturer's instructions. Redry to 19 percent moisture
content.
B. Treat site -sawn and drilled ends. Allow preservative to
cure prior to placing members.
3.02 INSTALLATION
A. Install miscellaneous blocking, furring, cants, and
nailing strips.
B. Install members true, plumb, and level. Secure in place.
C. Construct members of continuous pieces of longest possible
lengths.
END OF SECTION
Section 06100
(3)
SECTION 06425
WOOD VENEER PANELLING
PART 1 GENERAL
P-
1.01 WORK INCLUDED
A. Wood veneer paneling.
B. Solid wood trim associated with paneling.
1.02 REFERENCES
A. ANSI/HPMA HP - Hardwood and Decorative Plywood.
B. ANSI A135.4 - Basic Hardwood.
C. AWI - Quality Standards.
D. FS MMM-A-130 - Adhesive, Contact.
E. PS 1 - Construction and Industrial Plywood.
F. PS 20 - American Softwood Lumber Standard.
1.03 QUALITY ASSURANCE
A. Perform panelling work in accordance with AWI Quality
Standards, Custom grade.
1.04 REGULATORY REQUIREMENTS
A. Conform to applicable code for fire retardant
requirements.
B. Conform to UL requirements to achieve fire resistance
assembly rating indicated.
1.05 SUBMITTALS
A.
Submit shop drawings
and product data under provisions of
Section 01300.
B.
Indicate materials,
surface graining plan and elevations
of sheet panelling,
fastening methods, joining methods,
and interruptions to
other work.
C.
Provide product data
on fire retardant treatment materials
and application instructions.
D.
Submit samples under
provisions of Section 01300.
E.
Submit two samples 12xl2
inches in size illustrating wood
grain and specified
finish.
F.
Submit two samples,
12 inches long of wood trim.
G.
Submit manufacturer's
installation instructions under
provisions of Section
01300.
1.06 DELIVERY, STORAGE, AND HANDLING
A. Deliver products to site under provisions of Section
01600.
B. Store and protect products under provisions of Section
01600.
C. Store materials indoors, in ventilated areas with constant
minimum temperatures of 60 degrees F and maximum relative
humidity of 55.
PART 2 PRODUCTS
2.01 ACCEPTABLE FABRICATORS
A. Quality Building Products, Roseburg Lumber Company,
Roseburg, Oregon.
B. Substitutions: Under provisions of Section 01600.
2.02 LUMBER MATERIALS
A. Softwood Lumber: PS 20; Custom grade in accordance with
AWI; maximum moisture content of 6 percent, white pine
species with mixed grain quality capable of transparent
finish.
2.03 SHEET MATERIALS
A. Prefinished Siding: Shall be the Mark X Navajo TSUGA
veneered plywood product, Resin-tite.
2.04 ADHESIVE
A. Wall Adhesive: Solvent release, cartridge type, compatible
with wall substrate, capable of achieving durable bond.
2.05 ACCESSORIES
A. Nails: Size and type to suit application; plain finish.
B. Wood Filler: Solvent base, tinted to match panel finish
color.
2.06 WOOD TREATMENT MATERIALS
A. Provide UL identification on fire resistant treated
material.
PART 3 EXECUTION
3.01 INSPECTION
A. Verify that surfaces and building conditions are ready to
receive work and opening dimensions are as indicated on
shop drawings.
B.
Beginning of installation means acceptance
of existing
surfaces.
3.02
INSTALLATION
A.
Install work in accordance with AWI Custom
quality
standard.
B.
Set and secure materials and components in
place, plumb
and level.
C.
Install panelling by nails at 12 inches on
center. Wall
adhesive applied by the bead method to 12
inch rows on
"-
center.
3.03
FINISHING
A.
Set exposed fasteners. Apply wood filler in exposed
fastener indentations.
3.04
PROTECTION
A.
Protect finished installation under provisions
of Section
01500.
END OF SECTION
r�
SECTION�08111
STANDARD STEEL DOORS AND FRAMES
PART 1 GENERAL
1.01 WORK INCLUDED
A. Exterior hollow metal frames.
B. Schedule on Drawings.
1.02 RELATED WORK
A. Section 09900 - Painting: Field painting of doors and
frames.
1.03 REFERENCES
A. ASTM E152 - Methods of Fire Tests of Door Assemblies.
B. DHI - Door Hardware Institute: The Installation of
Commercial Steel Doors and Steel Frames, Insulated Steel
Doors in Wood Frames and Builder's Hardware.
C. NFPA 80 - Fire Doors and Windows.
D. NFPA 252 - Fire Tests for Door Assemblies.
E. SDI-100 - Standard Steel Doors and Frames.
F. SDI-105 - Recommended Erection Instructions for Steel
Frames.
Section 08111
(1)
P_
G. UL 10B - Fire Tests of Door Assemblies.
1.04 QUALITY ASSURANCE
A. Conform to requirements of SDI-100.
B. Fire rated door panel and frame construction to conform to
NFPA 252.
C. Installed frame and door assembly to conform to NFPA 80
for fire rated class indicated in Schedule on Drawings.
1.05 REGULATORY REQUIREMENTS
A. Conform to Uniform Building Code for fire rated frames and
doors.
1.06 SUBMITTALS
A. Submit shop drawings and product data under provisions of
Section 01300.
B. Indicate frame configuration, anchor types and spacings,
location of cutouts for hardware, reinforcement, and
finish.
C. Indicate door elevations, internal reinforcement, closure
method.
D. Submit manufacturer's installation instructions under
provisions of Section 01300.
1.07 DELIVERY, STORAGE AND PROTECTION
A. Protect products under provisions of Section 01600.
B. Protect doors and frames with resilient packaging.
C. Break seal on -site to permit ventilation.
PART 2 PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Tex -Steel, Inc., Harlingen, Texas.
B. Substitutions: Under provisions of Section 01600.
2.02 DOORS AND FRAMES
Section 08111
(2)
A. Exterior Doors: SDI-100; 18 gage.
B. Exterior Frames: 16 gage thick material, core thickness to
suit grade and model of door.
2.03 DOOR CORE
A. Core: Impregnated cardboard honeycomb.
2.04 ACCESSORIES
A. Rubber Silencers Resilient rubber.
2.05 PROTECTIVE COATINGS
A. Primer: Zinc chromate type.
2.06 FABRICATION
A. Fabricate frames as welded unit.
B. Fabricate frames and doors with hardware reinforcement
plates welded in place.
C. Prepare frame for silencers. Provide three single rubber
silencers for single doors and mullions of double doors on
strike side, and two single silencers on frame head at
double doors without mullions.
D. Attach fire rated label to each frame and door unit.
E. Close top edge of exterior door flush with inverted steel
channel closure. Seal joints watertight.
Section 08111
(3)
2.07 FINISH
A. Exterior Units: 1.25 oz/ sq ft galvanized.
B. Primer: Baked on.
r-
PART 3 EXECUTION
3.01 INSTALLATION
A. Install frames in accordance with SDI-105.
B. Install doors in accordance with DHI.
C. Coordinate with masonry wall construction for anchor
placement.
D. Coordinate installation of glass and glazing.
E. Install roll formed steel reinforcement channels between
two abutting frames. Anchor to structure and floor.
-- 3.02 TOLERANCES
A. Maximum Diagonal Distortion: 1/16 inch measured with
straight edge, corner to corner.
3.03 ADJUSTING AND CLEANING
A. Adjust hardware for smooth and balanced door movement.
3.04 SCHEDULE ON DRAWINGS
END OF SECTION
Section 08111
'(4)
SECTION 09900
PAINTING
PART 1 GENERAL
1.01 WORK INCLUDED
A. Prepare surfaces which are to receive finish.
B. Finish surfaces as indicated in schedule at end of this Section.
1.02 RELATED WORK
A. Section 04300- Unit Masonry: CMU
B. Section 08111 - Standard Steel Doors and Frames: Painting.
C. Section 02072- Minor Demolition for Remodeling: Removal of
existing materials & replacement.
1.03 MOCKUP
A. Before proceeding with paint application, finish one complete
surface of each color scheme required, under provisions of Sectic
01400, clearly indicating selected colors, finish texture,
materials, and workmanship.
B. If approved, sample area will serve as a minimum standard for wor
throughout building.
1.05 SUBMITTALS
A. Identify each sample as to finish, formula, color name and number
and sheen name, and gloss units.
B. Colors to be selected by Architect prior to commencement of work.
1.06 DELIVERY, STOREAGE AND HANDLING
A. Deliver paint materials under provisions of Section 01600 in
sealed original labelled containers, bearing manufacturer's
name, type of paint, brand name, color designation and
instructions for mixing and/or reducing.
B. Provide adequate storage facilities. Store paint materials at
minimum ambient tempature of 45 degrees F in well ventilated arez
C. Take precautionary measures to prevent fire hazards and
spontaneous combustions.
Section 09900
1
P-.
1.07 ENVIROMENTAL REQUIREMENTS
A. Ensure surface tempatures or the surrounding air tempature is
above 40 degrees F before applying finishes. Minimum application
tempature for latex paints for interior work is 45 degrees F and
50 degrees F for exterior work. Minimum application tempature fo:
varnish finishes is 65 degrees F.
B. Provide adequate continous ventilation and sufficent heating
facilities to maintain tempatures above 45 degrees F for 24 hours
before, during and 48 hours after application of finishes.
C. Provide minimum 25 foot candles of lighting on surfaces to be
finished.
1.08 EXTRA STOCK
A. Leave on premises, where directed by Architect not less than one
gallon at each color used.
b. Containers to be tightly sealed and clearly labelled for
identification.
PART 2 PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Pittsburgh Paints
B. Kelly -Moore Paints
C. Substitutions: Under provisions of Section 01600.
2.02 MATERIALS
A. Paint, varnish, stain, enamel, laquer, and fillers: Type and
brand listed herein or equivalent products manufactured by
Kelly -Moore, approved by Architect.
PART 3 EXECUTION
3.01 INSPECTION
A. Thoroughly examine surfaces scheduled to be painted prior to
cemmencement of work. Report in writing to Architect, any
condition that may potentially affect proper application. Do not
commence until such defects have been corrected.
B. Correct defects and defiencies in surfaces which may adversely
affect work of this Section.
3.02 PROTECTION
A. Adequately protect other surfaces from paint and damage. Repair
damage as a result of inadequte or insuitable protection.
SECTION 09900
2
B. Furnish sufficent drop clothes, shields and protective equipment
to prevent spray or droppings from fouling surfaces not being
painted and in particular, surfaces within storeage and
preparation area.
C. Place cotton waste, cloths and material which may constitute a
fire hazard in closed metal containers and remove daily from site
D. Remove electrical plates, surface hardware, fittings and
fastenings, prior to painting operations. These items are to be
carefully stored, cleaned and replaced on completion of work in
each area. Do not use solvent to clean hardware that may remove
permanent laquer finish.
3.03 PREPARATION
A. Remove mildew, by scrubbing with solution of tri-sodium phosphate
and bleach. Rinse with clean water and allow surface to dry
completely.
B. Remove surface contamination and oils from galvanized surfaces an
wash with solvent. Apply coat of etching type primer.
C. Remove stains from concrete and concrete block surfaces caused by
weathering of corroding metals with a solution of soldium
metasilicate after being thoroughly wetted with water. Allow to
dry thoroughly.
D. Fill hairline cracks, small holes, and imperfections on plaster
surfaces with patching plaster. Smooth off to match adjacent
surfaces. Wash and neutralize high alkali surfaces where they
occur.
E. Remove grease, rust, scale, dirt and dust from steel and iron
surfaces. Where heavy coatings of scale are evident removed by
wire brushings, sandblasting, or any other necessary method.
Ensure steel surfaces are satisfactory before paint finishing.
F. Clean unprimed steel surfaces by washing with solvent. Apply a
treatment of phosphoric acid solution, ensuring weld joints, bolt
and nuts are similarily cleaned. Prime surfaces to indicate
defects, if any. Paint after defects have been remedied.
G. Sand and scrape shop primed steel surfaces to remove loose primer
and rust. Feather out edges to make touch-up patches
inconspicuous. Clean surfaces with solvent. Prime bare steel
surfaces.
SECTION 09900
3
H. Wipe off dust and grit from miscellaneous wood items
prior to priming. Spot coat knots, pitch streaks, and sappy
sections with sealer. Fill nail holes and cracks after primer ha:
dried and sand between coats. Back prime interior
woodwork.
^- 3.04 APPLICATIONS
A. Apply each coat at proper consistency.
B. Each coat of paint is to be slightly darker than preceeding coat
unless otherwise approved by Architect.
C. Sand lightly between coats to achieve required finish.
D. Do not apply finishes on surfaces that are not sufficiently dry.
E. Allow each coat of finish to dry before following coat is applied,
unless directed otherwise by manufacturer.
F. Where clear finishes are required, ensure tint fillers match wood.
Work fillers well into the grain before set. Wipe excess from the
surface.
3.05 CLEANING
A. As work proceeds and upon completion, promptly remove paint where
spilled, splashed, or spattered.
B During progress of work keep premises free from any unnecessary
accumulation of tools, equipment, surplus material, and debris.
C. Upon completion of work, leave premises neat and clean, to
the satisfaction of Architect/Engineer.
3.06 PAINTING AND FINISHING SCHEDULE (INTERIOR)
Attached
Section 09900
4
PAINTING AND FINISH SCHEDULE - EXTERIOR (Written around Kelly Moore Products)
ITEM COAT NO'S TYPE PROD NO. NAME REMARKS
EX -A
EXTERIOR STEEL FINISHES - NEW UNPAINTED (GE)
1
Primer 1711 Kel-Guard White - Rust
Or touch up shop
Inhibitive Primer
primer
2&3
Synthetic 1700 Kel-Guard Rust Inhibitive
Gloss Enamel
EX-B
EXTERIOR GALVANIZED STEEL - NEW UNPAINTED (SGE)
1
Primer 1722 Kel-Guard Galvanized Iron Primer
20
Acrylic 1250 Acry-Luster Acrylic
Semigloss
EX-C
EXTERIOR STEEL FINISHES - PREVIOUSLY PAINTED (GE)
1
Surface Conditioner Paso
Clean chalky surface
2&3
Synthetic 1700 Kel-Guard Rust Inhibitive
Gloss Enamel
EX-D
EXTERIOR GALVANIZED STEEL - PREVIOUSLY UNPAINTED (SGE)
Same as EX-B after cleaning surface
EX-E
EXTERIOR SIDING WOOD OR HARD BOARD AND TRIM - NEW OR PREVIOUSLY PAINTED (FL)
1
Primer 220 Exterior Primer
Remove loose or pealing
2&3
Acrylic Flat 1240 Acry-Shield Acrylic Flat Finish
paint previously in place
PAINTING AND FINISH SCHEDULE - INTERIOR (Written around Kelly Moore Products)
ITEM
COAT NO'S
TYPE PROD NO. NAME
REMARKS
INT-A
INTERIOR STEEL FINISHES - PREVIOUSLY PAINTED (GE)
1
Surface Conditioner Paso
Clean surfaces
2&3
Alkyd 710 Quick Dry Interior - Gloss Enamel
Gloss Enamel
INT-B
INTERIOR WOOD FINISHES - PREVIOUSLY PAINTED (GE)
1
Same as INT-A
INT-C
INTERIOR WOOD FINISHES - NEW UNPAINTED (CL)
1
Sanding Sealer 22 Satin Pro -Plastic Clear Polyurethane
50% Polyurethane
50% Turpentine
2&3
Polyurethane 22 Satin Pro -Plastic Clear Polyurethane
INT-D
INTERIOR WALL FINISH - PREVIOUSLY PAINTED (GE)
1
Spot Primer 970 Acry-Plex Wall Sealer
Spot prime over repaired
areas
2
Surface Conditioner Paso
Clean and condition
surfaces
3&4
Gloss Enamel 710 Quick Dry Interior - Gloss Enamel
INT-E
INTERIOR WALL FINISH PREVIOUSLY PAINTED (SGE)
1
Spot Primer 970 Acry-Plex Wall Sealer
Spot prime over repaired
areas
2
Surface Conditioner Paso
Clean and condition
surfaces
3&4
Semi -Gloss 1630 Kel-Cote Semi -Gloss Enamel
Enamel
INT-F
INTERIOR CEILING FINISHES PREVIOUSLY PAINTED (QDE)
1
Spot Sealer 935 Sealer Primer
Spot application at stains
2&3
Enamel 3032 Synthetic Quck Dry Enamel
Spray application over
drop cloths
INT-G
INTERIOR WALL FINISH PREVIOUSLY PAINTED (EE)
1
Spot Primer 970 Acry-Plex Wall Sealer
Spot prime over recaulked
areas
2
Surface Conditioner Paso
Clean and condition
surfaces
3&4
Egg Shell 1620 Kel-Cote Egg Shell Enamel
Enamel
INT-H
INTERIOR WALL FINISH NEW UNPAINTED (EE)
1
Primer 970 Acry-Plex Wall Sealer
2&3
Egg Shell 1620 Kel-Cote Egg Shell Enamel
Enamel
PAINTING AND FINISH SCHEDULE - INTERIOR (Written around Kelly Moore Products)
ITEM COAT NO'S TYPE PROD NO. NAME REMARKS
IMTI
INTERIOR WALL FINISH - NEW UNPAINTED (SGE)
1
Primer 970 Acry-Plex Vinyl Wall Sealer
2&3
Semi -Gloss 1630 Kel-Cote Semi -Gloss Enamel
Enamel
INT-J
INTERIOR CEILING FINISH - NEW UNPAINTED (QDL)
1 &2
Luster Enamel 3030 Quick Dry Low Luster Enamel
INT-K
INTERIOR CEILING FINISH - NEW UNPAINTED (ODE)
1 &2
Semi -Gloss 3032 Quick Dry Semi -Gloss Synthetic
INT-L
INTERIOR WOOD FINISH - NEW UNTREATED (SV
1
Stain 2152 Stain -Rite Interior Wiping Stain
2
Sealer 2163 Fill-N-Finish Clear Sealer
3&4
Eggshell Varnish 40 Eggshell Varnish
INT-M
INTERIOR WOOD FINISH - NEW UNTREATED (SP)
1
Stain 2152 Stain -Rite Interior Wiping Stain
2
Sanding Sealer 22 Satin Pro -Plastic Clear Polyurethane
3&4
Polyurethane 22 Satin Pro -Plastic Clear Polyurethane
INT-N
INTERIOR WALL FINISH - PREVIOUSLY PAINTED (EP)
1
Primer 970 Acry-Plex Vinyl Wall Sealer
2
Epoxy Paint 1790 Kel-Guard Acrylic Epoxy
Spray application over drop
cloths
Spray application over drop
cloths
50% Polyurethane
50% Turpentine
100% Polyurethane
Glossy dulled by sanding
Spray application over
drop cloths
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SPECIAL CONDITIONS
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-43-
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TO:
NOTICE OF ACCEPTANCE
The City of Lubbock, having considered the proposals submitted and opened on the _day of
199_, for work to be done and materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock;
it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that
said proposal was accepted by the City Council of the City of Lubbock on the day of 198_ at
the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, cer-
tificates of insurance, and all other documents specified and required to be executed and furnished under the con-
tract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents
within ten (10) days from your receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of
such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to
execute and furnish such contract documents and bonds within the time limit specified, said bid security will be re-
tained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representative
-44-
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