HomeMy WebLinkAboutResolution - 3936 - Contract - Brow-Mckee Inc - Concrete & Fountain Repairs, Civic Center - 08_13_1992Resolution No. 3936
August 13, 1992
Item #11
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by
and between the City of Lubbock and Brown -McKee, Inc. for concrete and
fountain repairs at the Lubbock Memorial Civic Center, 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 Resolu-
tion as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
WA
APPROVED S TO CONTE
ne u c as ng Manager
APPROVED AS TO FORM:
X4,W lv_��
a old Willard,Assistant City
Attorney
EW:js/HRWNM= RES/D1-Aganda
August 3, 1992
CITY OF LUBBOCK
SPECIFICATIONS
FOR
CONCRETE & FOUNTAIN REPAIRS
@ LUBBOCK MEMORIAL CIVIC CENTER
BID # 12058
CITY OF LUBBOCK
Lubbock, Texas �,, 3q3,,
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 72457
606-767-2167
Office of
Purchasing
MAILED TO VENDOR: June 11, 1992
CLOSE: June 11, 1992 @ 2:00 P.M.
BID #12058:Concrete & Fountain Repairs @ Lubbock Memorial Civic Center
ADDENDUM #1
Please modify or amend Contract Documents as follows:
I. Please submit your bid on the New Bid Proposal Form enclosed,
which includes First Add Alternate and Second Add Alternate as
shown on plans and noted in Section 01030; Page 1 of
specifications.
PLEASE RETURN ONE COPY WITH YOUR BID
;Ron
H YOU,
Shuffie ,
CITY OF LUBBOCK
a.
BID PROPOSAL
BID FOR LUMP SLIM CONTRACTS
PLACE
,. DATE
PROJECT NO.
Proposal of (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called owner)
Gentlemen:
The Bidder, in compliance with your invitafl on for bids for the construction of a
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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
j a part, is as follows:
FIRST ADD ALTERNATE: REMOVE/REPLACE CONCRETE
MATERIALS: (S )
SERVICES: (E )
TOTAL: (S )
rON
SECOND ADD ALTERNATE ADDITIONAL REMOVAL/REPLACEMENT CONCRETE:
i
MATERIALS: (S )
!� SERVICES: (S )
s
TOTAL: (S )
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Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
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Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fuLLy complete the project within 150 (ONE HUNDRED FIFTY)
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 E100.00 (One Hundred dollars) for each
consecutive calendar day in excess of the time set forth hereinabove for completion of this project, aLL as more
fully set forth in the general conditions of the contract documents. --
Bidder understands and agrees that this bid 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.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars (E ) or a Proposal Bond in the sum of Dollars ($ ),
which it is agreed shall be coLLeeted and retained by the Owner as Liquidated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond
(if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said _
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all con-
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
-12-
City of Lubbock
P.O. Box 2000
Lubbock. Texes 79457
606-767-2167
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Office of
Purchasing
MAILED TO VENDOR: June 12, 1992
CLOSE: June 11, 1992 @ 2:00 P.M.
BID #12058:Concrete & Fountain Repairs @ Lubbock Memorial Civic Center
j ADDENDUM #2
Please modify or amend Contract Documents as follows:
1. Please submit your bid on the New Bid Proposal Form enclosed,
which includes First Add Alternate and Second Add Alternate as
shown on plans and noted in Section 01030; Page 1 of
specifications.
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i
PLEASE RETURN ONE COPY WITH YOUR BID
4THAYOU,
Ron Shuffield,
CITY OF LUBBOCK
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PLACE
DATE
BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
PROJECT NO.
Proposal of (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Brier, 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:
MATERIALS• (S )
SERVICES• (S )
TOTAL BID• (S )
FIRST ADD ALTERNATE: REMOVE/REPLACE CONCRETE:
MATERIALS• (S )
SERVICES: (S )
TOTAL • (S )
SECOND ADD ALTERNATE ADDITIONAL REMOVAL/REPLACEMENT CONCRETE:
MATERIALS: (S )
SERVICES• (S )
TOTAL • (S )
!!� Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
'I
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Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a
written"Notice to Proceed" of the Owner and to fully complete the project within 150 (ONE HUNDRED FIFTY)
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 $100.00 (One Hundred dollars) for each
consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more
fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid 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.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars (S ) 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 said
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all con-
tract documents made available to him for his inspection in accordance with the Notice to Bidders.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Contractor
BY•
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CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: CONCRETE & FOUNTAIN REPAIRS
LUBBOCK MEMORIAL CIVIC CENTER
ADDRESS: 1501 6TH STREET
BID NUMBER: 12058
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PROJECT NUMBER: 1491-500000-9720
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CONTRACT PREPARED BY: Purchasing Department
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INDEX
PAGE
1. NOTICE TO BIDDERS..........................................................................................3
2. GENERAL INSTRUCTIONS TO BIDDERS............................................................................5
3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
4. PAYMENT BOND..............................................................................................14
5. PERFORMANCE BOND..........................................................................................17
6. CERTIFICATE OF INSURANCE..................................................................................20
7. CONTRACT..................................................................................................22
B. GENERAL CONDITIONS OF THE AGREEMENT.......................................................................24
9. CURRENT WAGE DETERMINATIONS...............................................................................42
10. SPECIFICATIONS............................................................................................43
11. SPECIAL CONDITIONS........................................................................................44
12. NOTICE OF ACCEPTANCE......................................................................................45
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID 9 12058
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 19th day of June, 1992, 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:
CONCRETE AND FOUNTAIN REPAIRS AT LUBBOCK MEMORIAL CIVIC CENTER
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 of Lubbock will consider the bids on the 9th day of July, 1992, 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
r therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
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heretofore established by owner in said wage scale.
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The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a pre -bid conference on 11th day of June, 1992, at 10:00 o'clock a.m., Terrace Suite, --
Lubbock Memorial Civic Center, 1501 6th Street, Lubbock, Texas.
CITY OF LUBBOCK
BY: Gene E ds, C.P.M.
Purchasing Manager
11
ADVERTISEMENT FOR BIDS
BID # 12058
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 a.m. on the 19th day of June, 1992, 9r 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:
CONCRETE AND FOUNTAIN REPAIRS AT LUBBOCK MEMORIAL CIVIC CENTER
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
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a prebid conference on 11th day of June. 1992, at 10:00 o'clock a.m., Terrace Suite,
Lubbock Memorial Civic Center, 1501 6th Street, Lubbock, Texas.
BY: Gene Ea s, 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:
The removal and replacement of existing concrete sidewalks, construction of wheel chair ramps, repairs and
renovations to the Pedestrian Mall Fountain and the Entrance Plaza Fountain and miscellaneous related items
of work at the City of Lubbock Memorial Civic Center.
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 forfeiture of deposit. 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 150 (ONE HUNDRED FIFTY)
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 -
roll 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. <
S. 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.
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 shalt 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 shalt 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
E from the City. in all cases where written permission is obtained for the use of explosives, the Contractor
shalt 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 shalt 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.
M. INSURANCE
The Contractor shalt 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 5154a, 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
d 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
Jproposals 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.
(9) Special Conditions (if any).
(h) Specifications.
(i) insurance Certificates.
(J) All other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
r incorporated by reference into the aforementioned contract documents.
(THIS PAGE LEFT BLANK INTENTIONALLY)
k
11
BID PROPOSAL
,II
i�
-10-
(THIS PAGE LEFT BLANK INTENTIONALLY)
F R a
r L{ai r ra' BID PROPOSAL
" BID FOR LUMP SLIM CONTRACTS
PLACE LufSRoc-EC �1!
DATE 6 t "P • 4CP
PROJECT NO. ��-1 " �pda�0�9�IZ0
Proposal of wttirJ(=
(hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a CaC rfG i roy►•+'fP. o
' 4ZC3'PArlrRS 6? L-0Pumunc, �-tic M0R1hL_ C ty lc. c E: NTGt�--
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 tabor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
i-' .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:
h�xTy FoJC=.T�rls�VSAret10 .7;140 AA q
MATERIALS:_ Ntt_1=T1•f I��E �30f,.C�P�RS Ot�L�/ (S 6Y •2 F ✓ )
ire t-FvNnc�r� Tv�eN-�y .�a�• Tt-'��sr�`� n .•� /�
SERVICES: 6t4 µV Omer:> F0-iR Not_L.RCZ4., GW'XX (f
TOTAL BID: Q#Vt3
Q
FIRST ADD ALTERNATE: REMOVE/REPLACE CONCRETE:
MATERIALS:
SERVICES j
TOTAL : MJQ_ Vtt'USca.wti f bw 1L•twtti4*rR!A T
Qv jl." V—S o w l vJ
SECOND ADD ALTERNATE ADDITIONAL REMOVAL/REPLACEMENT CONCRETE:
MATERIALS:
SERVICES•1
TOTAL :
,• f rr `r.
00
40,
00
db
O�
N.w�'� 1�,nrP�• c�li.�vb cwt� •
Amount shall be shown in both words and figures. in case of discrepancy, the amount shown in words shall govern.)
ri+
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 150 (ONE HUNDRED FIFTY)
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 $100.00 (One Hundred dollars) for each
consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more
fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid 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
i;- '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.'
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars (S ) or a Proposal Bond in the sum of S f— 0VL Tev%_T110 v " Dollars (S 10.000 - )� _
which it is agreed shall be collected and retained by the owner as liquidated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond
(if any) with the owner within ten (10) days after the date of receipt of written notification of acceptance of said
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all con-
tract documents made available to him for his inspection in accordance with the Notice to Bidders. —
,,, .,.Brown -McKee, Inc.
Contractor
j
J Vice -President _
(Seal,.i'f, �ldder is a Corporation)
��►1111ATTEST:
Secretary
r*
BOND NO. CC 4966
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, that we
Brown -McKee, Inc.
as PRINCIPAL, (hereinafter called the Principal), and Cumberl and Casual ty & Surety Company
,a corporation duly organized under the State of Texas and authorized to transact
a general surety business in the State of Illinois, as SURETY, (hereinafter called the Surety), are held firmly bound unto:
City of Lubbock
as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 5 % of the accompanying bid of the Principal, not,
however, in excess of TEN THOUSIU10 UD N0 100 _--_- dollars,
($ 10,000 go I. for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the
Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or
(2) the furnishing of the specified goods, supplies or products, to -wit:
---concrete &--fountain - repairs--- - -- - - - - ---- ----
1491-500000-9720
NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall
duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any
amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to
the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the
Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going
thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to the Obligee
the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this
bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue.
PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid
shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid
provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the
time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced
within six (6) months from the date of the formal opening of said bid.
PROVI DED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy
of a Pbwer of Attorney authorizing the undersigned Attomey-in-Fact to execute such a bond, the Serial Number upon which
Copy of Power of Attorney shall correspond with the Bond Number set out above.
Signed, sealed, and dated this 19th day of June 19 92
Brown -McKee-. Inc.
BY
Principal
BY 4
Laura Espinoza Attomey4n-Fact
r-
.J CVbWERLAND CASUALTY & SURETY
F•—' �, r. ,� , ,r C A NY
,lt
E
POWER, OF ATTORNEY
PAFLORIDA
i-i•'''i }}'i.V'.�� };"' i ,i sr...,:.. 3_. i — ' i
— ',
fj {: f I _ i _ f`z'. J1 fx.+J tr }Et"f t ::ia.�': { ♦i P ! +r
J rM RINCIPAL ,J Brown -McKee, Inc. ° EFFECTIVEEDATE
, June 19,-199271
ox v3279 Lubbock U. ' 79452
;(STREET ADDRESS) + } = - (CnY); E r ,(STATE) I (A p' fy:
J J J_ CODE) J_
CONTRACT.AMOUNT $200 000'_ I, _ _
Ik. "AMOUNT OF,,BONI 10,000.00
'. S 4� 6 ,E- I {t ,�. ' • { it .,E ip ; i�� ice.. `_ {t
'POWER NO C 1r4 9-G G t-
II` 'KNOW ALL MEN BY THESE PRESENTS That the Cumberland Casualty&rSurery Company, a corporation ^'.
- of the State of Texas, having its principal rporation duly organized under the laws -
_E g p pal office in the city of Tampa,. Florida, pursuant to the following�resolution, adopted by the Board of Directors .
I of the said Company on the 1st day of January,-1989. to -wit.._ y_ �{ .- r ' , _
t "Resolved, that the President of the Company shall have authorittomake, execute and deliver a Power of Attorney constituting as Attorney -m-
y,
- -
such person, firms, -or corporations as may be -selected froin tune to
- Be it Further Reserved, that the signature of the President and the Seal of the Company may be affixed to any su6i Power of Attorney or any
-_ \,=certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile se'al.shall be valid and
binding upon the Company in the future with respect to any bond or undertaking to which it is attached.!.' Cumberland Casualty
_ . _ _ . _ . _ Sure
s ,does hereb Company
:� E y make, constitute and appointr
._.....Scat f . .. ,.... ^,_ ..
- _.. .
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge
and deliver in its behalf, and its act and deed, as follows:
The obligation of the Company shall not exceed one million ($1,000,000.00W.
) dollars.
J
}
,_And to bind Cumberland Casualty & Surety Company thereby as fully and to'the same extent as if such bond or undertaken was-si ed by
"it `.the duly authorized officer of the Cumberland Casualty & Surety Company,. and all the acts of said Attorney(s) pursuant to the authorit�herem !
_'given, and hereby ratified and confirmed. _
u - Company has caused these presents to be s- -•} '
INWITNESS WHEREOF, the Cumberland Casualty &Surety Com igned by any officer of the
Company and its Co rate Seal to be hereto affixed.
({�5 CUMBERLAND CASUALTY do SURETY CO ANY }
J SEAL
E
m � -
Francis M. - Williams, President
tSAgN •,y - (_ '
COUNTY OF HILLSBOROUGH „ ►^ !i
COUNTY OF HILLSBOROUGH ) �77 i
On this 1st day of January, A.D. 1989, before me personally came Francis M. Williams, to me known, who being by me duly sworn, r
depose and say; that he resides in the County of Hillsborough, State of Florida; that he is the President, of the Cumberland Casualty
& Surety Company, the corporation described in and which executed the above instrument; that he! knows the seal of said corporation,
'"'that the seal affixed to the said instruments is such corporate seal; that It was so affixed by order of the Board of Directors of said corporation S
and that he signed his name, thereto by like order.
- _
.�
e` 7
pS
1.
-
..._ ,F
,:-
pusuc M L Gm
_ w
r
A%�« My Commission Exph`es March 27, 1993
r CORtO� J E
i — —
[µE
-
1 t
STATE OF FLORIDA _..
;.. ...) .. ... CSC ... ... ' t
COUNTY OF HILLSBOROUGH ) AJ
_ 7� --- I, the undersigned, Assistant Secretary of the Cumberland Casualty & Surety Coinpm►Yra FloridariCorporation, DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force.
- Signed and Sealed at the City of Tam pa• �µrr a .Dated the _18th �Y of June 19~ 92
8
J�
` SEAL ' Evelyn D. Rogers, Assistant Secretary
r J �oussoN -�t
rEXAS
Fill.
�I
PAYMENT BOND
Fill
I,
L:
i
r
F
-14-
(THIS PAGE LEFT BLANK INTENTIONALLY)
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 BTcm-McKee, Inc. (hereinafter called the Principal(s), as
Principal(s), and Indiana Luterniens Mutual Insurance Corpany
(hereinafter called the Surety(s), as Surety(s), are.held a firmly bound unto the City of Lubbock (hereinafter
cw� fl�uoc6o ti,.(i�:t�,y. n`d r .v„vim 190 995.00
t called the Obligee), in the amount of s�.i.�ni��L�,rlc�4.. ,�,r�P t�!/ass � Dollars (E + ) 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 13th day of
A"gust , 19--w, 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 sub -contractor 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.
r
r -1s-
1
1N WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
1st day of Septanhar 19_92
Indiana LuThemiens Mutual Insurance Company
Surety
Principal
BraMm-FtKne, Inc. *e Z�ac.
y
n Laura Espinoza AttoTr�j�in-Fact
By.r�i
(Title) /'1%�SfCe-.✓1
By:
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des-
ignates- Kevin Dunn an agent resident in Lubbock County to whom any requisite notices may be delivered and
on whom service of process may be had in matters arising out of such suretyship.
Indiana Lumbermens
Surety
: A4Le4'4?t_"
•
(Title)
ATTORNEY IN FACT
Approved as to form:
Ci bbock
By:
City Attorney
*Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy _
of power of attorney for our files.
' Indiana
Lumbermens
AA.f lInS ame
Company
I,
PRINCIPAL BrwHtKee, irr'
t�
EFFECTIVE DATE
POWER OF ATTORNEY
9-1-92
P.O. Box 3279 Lubbock, U. 79452
F- - (STREET ADDRESS) (CITY) (STATE) (ZIP CODE)
CONTRACT AMOUNT lry1 g9F 00 AMOUNT OF BOND $ 190,995-00
POWER N0. SBP 1213 7 0 0
KNOW ALL MEN BY THESE PRESENTS that the Indiana Lumbermens Mutual Insurance Company, a Corporation duly organized and
existing under the laws of the State of lndiana, with its principal office in the City of Indianapolis, Indiana, does hereby make, constitute
and appoint
Lai ir-a F ninn-ya _ State of Tpvac
as its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute, acknowledge and deliver any
and all Bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof for and on
its behalf as follows:
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
And to bind the Corporation thereby as fully and to the same extent as if such Bonds and undertakings, recognizances, contract of
indemnity, and other writings obligatory in the nature thereof were signed b the President, sealed and duly attested by the Secretary
of the Corporation, hereby ratifyingand confirming all that the said Aftorney(Ys)-in-Fact may do in the premises. This Power of Attorney
is executed and may be revoked pursuant to and by authority granted by Article IV, Section 2-A (1) and (2) of the By -Laws of the
Indiana Lumbermens Mutual Insurance Company, which reads as follows:
(1) The President or any Vice President shall have the power and authority, by and with the concurrence with the Secretary of the
Corporation, to appoint Attorneys -in -Fact for purposes only of executing and attesting to Bonds and undertakings,
recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and at any time to remove any such
Attorney -in -Fact and to revoke the power and authority given to him.
(2) Attorneys -in -Fact when so appointed shall have power and authority, subject to the terms and limitations of the Powers of
Attorney issued to them, to execute and deliver on behalf of the Corporation any and all Bonds and undertakings,
recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and such instrument executed by
any such Attorney -in -Fact shall be as binding upon the Corporation as if signed by an Executive Officer and sealed and
attested by the Secretary.
IN WITNESS WHEREOF, the Indiana Lumbermens Mutual Insurance Company has caused these presents to be signed by its Vice
President, attested by its Secretary and its Corporate Seal to be hereto affixed this FIRST _day of MAY 19 20.
ATTEST: Indiana Lumber s tu-t) I u ance Company
By Secretary By V ce President
STATE OF INDIANA COUNTY OF MARION SS:
On this FIRST day of MAY 19 90 , before me personally came
the individual who executed the preceding instrument, to me known, who being by me duly swom, acknowledged the execution of the
above instrument and did depose and say; that he is the therein described and authorized officer of the Indiana Lumbermens Mutual
Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that
it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto by Bice order.
r: My Commission Expires liy*. S E'aAkL .i n i __ * Notary Public
STATE ISS,NDIANA t''�ti01ANp•'',r'
COUNT OF MARION # M—
I, the undersigned, Secretary of the Indiana Lumbermens Mutual Insurance Company, do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney, executed by said Indiana Lumbermens Mutual
Insurance Company, which is still in force and effect
This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of
Indiana Lumbermens Mutual Insurance Company at a meeting duly called and held on the 12th day of June 1973.
"RESOLVED: That the use of printed facsimile of the Corporate Seal of the Company and of the signature of the Secretary on
any certification of the correctness of a copy of an instrument executed by the President or a Vice President pursuant to Article
IV, Section 2-A (1) and (2) of the By -Laws appointing and authorizing Attorney -in -Fact to sign in the name and on behalf of the
Company Bonds and unddertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,
with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved.'
i
In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this 1 ct
Il day of SeDt iter 19 _92.
(SEAL)
Fam 253
Secretary
n
PERFORMANCE BOND
II -
�1
t„
f
L -17-
(THIS PAGE LEFT BLANK INTENTIONALLY)
4.
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TA LEGISLATURE, REGULAR SESSION 1959
KNOW ALL MEN BY THESE PRESENTS, of 1_MCKee' IrSbreinafter called the PrincipaL(s), as Principal(s), and
Indiana Lumbermen Mutual Insurance Calipany
(hereinafter called the Surety(s), as Sure!7 s) are Jetd a firmly bound unto the City of Lubbock (hereinafter
N✓aI.7 E0 �tllir�?fy fk��sa�.td N.'t
called the Obligee), in the amount of .t,,�✓�r2� .t/v,ar F,��r. tick--; : fbollars (S j.% lawful money of the
J'
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.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated thl 3th day of
August , 19 92to
Bid #12058-Concrete & Fountain Repairs at Lubbock Memorial Civic Center Project
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 thislSt
day of firept der , 19—J)">
Indiana Lumbermens Mutual Insurance Company Bm m-McKee' Inc.
Surety Pri i l �•' ± �'
*B C�G�+t/ By:
�
(Title) Laura Espinoza Attorney -in -Fact
(Title)
By:
(Title)
By
(Title)
•18�
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designdtt3 Key in D u nil fit 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.
Indiana Lumbermens
Surety
*By: C�
(Title)
ATTORNEY IN FACT
Approved as to Form _
Cit Lubbock
By:
City Attorney
*Note: If signed by an officer of the Surety company, there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy �—
of power of attorney for our files.
-19=
+� ' Jwuwlnswance
Indiana
Lumbermens
POWER OF ATTORNEY
cmpany
l l PRINCIPAL Brwm-McKee, Inc' 9-1-92
EFFECTIVE DATE
e�
P.O. Box 3279 Lubbock, TX. 79452
(STREET ADDRESS) (CITY) (STATE) (ZIP CODE)
CONTRACT AMOUNT 390.995 00 AMOUNT OF BOND $ 190,995-00
.. POWER NO.. ` B P 12137009
d
KNOW ALL MEN BY THESE PRESENTS that the Indiana Lumbermens Mutual insurance Company, a Corporation duly organized and
existing under the laws of the State of Indiana, with its principal office in the City of Indianapolis, Indiana, does hereby make, constitute
and appoint
4 Laura Espim-Za _ State of Uxa's
as its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute, acknowledge and deliver any
r, and all Bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof for and on
( its behalf as follows:
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
And to bind the Corporation thereby as fully and to the same extent as if such Bonds and undertakings, recognizances, contract of
indemnity, and other writings obligatory in the nature thereof were signed b the President, sealed and duly attested by the Secretary
of the Corporation, hereby ra1yin and confirming all that the said Aftorneyrs)-in-Fact may do in the premises. This Power of Attorney
is executed and may be revoked pursuant to and b authority granted by Article IV, Section 2-A (1) and (2) of the By -Laws of the
Indiana Lumbermens Mutual Insurance Company, which reads as follows:
(1) The President or any Vice President shall have the power and authority, by and with the concurrence with the Secretary of the
I Corporation, to appoint Attorneys -in -Fact for purposes only of executing and attesting to Bonds and undertakings,
recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and at any time to remove any such
Attorney -in -Fact and to revoke the power and authority given to him.
Few (2) Attorneys -in -Fact when so appointed shall have power and authority, subject to the terms and limitations of the Powers of
{ Attorney issued to them, to execute and deliver on behalf of the Corporation any and all Bonds and undertakings,
recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and such instrument executed by
any such Attorney -in -Fact shall be as binding upon the Corporation as if signed by an Executive Officer and sealed and
attested by the Secretary.
IN WITNESS WHEREOF, the Indiana Lumbermens Mutual Insurance Company has caused these presents to be signed by its Vice
i President, attested by its Secretary and its Corporate Seal to be hereto affixed this FIRST day of MAY 19 90
ATTEST: Indiana Lumber s to 1 1 u ance Company
By w By V' 3 President
Secretary
STATE OF INDIANA SS:
COUNTY OF MARION
E On this FIRST day of MAY 19 90 , before me personally came
the individual who executed the preceding instrument, to me known, who being by me duly sworn, acknowledged the execution of the
above instrument and did depose and say; that he is the therein described and authorized officer of the Indiana Lumbermens Mutual
Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that
it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto by like order.
^ pY . ..Pf
My Commission Expires *.. —.— ; * Notary Public
STATE INDIANA SS: �tio�ANoa''
COUNT OF MARION
I, the undersigned, Secretary of the Indiana Lumbermens Mutual Insurance Company, do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney, executed by said Indiana Lumbermens Mutual
A Insurance Company, which is still in force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of
Indiana Lumbermens Mutual Insurance Company at a meeting duly called and held on the 12th day of June 1973.
"RESOLVED: That the use of printed facsimile of the Corporate Seal of the Company and of the signature of the Secretary on
rl" any certification of the correctness of a copy of an instrument executed by the President or a Vice President pursuant to Article
IV, Section 2-A (1) and (2) of the By -Laws appointing and authorizing Attorney -in -Fact to sign in the name and on behalf of the
Company Bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof
t
with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved.'
In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this 1 ct
day of - September - 19 - 92.
(SEAL)
Form 253 ,
Secretary
C;
al.
4�
CERTIFICATE OF INSURANCE
I,
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1'
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-20-
(THIS PAGE LEFT BLANK INTENTIONALLY)
7 CEPTIFICATE OF iNSU ANCE Issue Date: 01/21/92
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Producer: * This Certificate iS�issued as a.,atter of information only and confers no rights Upon.
T s West.Insurance Agency f the Certificate Holder. This Certificate does not amend,`extend or alter the coverage
P 1. Box 54450 f afforded by the policies listed.
Le.�ooek, TX 79453 f
f Companies Affording Coverage Waiver of Sub. Add'1 Insured
{ }}{{}ffftffffftfffffffffffftf# Mfff
I :red f Company Letter A: INTERNATIONAL UNDERWRITER
Brovn-McKee, Inc. f Company Letter 8: INTERNATIONAL UNDERWRITER
PBox 3279 f Company Letter C: INTERNATIONAL UNDERWRITER
L ,ock, Tx 79452-3279 f Company Letter D:
* Company Letter E: Surplus Insurance Service
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C :rages: This is to Certify that policies of Insurance listed below have been issued to the Insured named above for the policy
pod indicated, notwithstanding any requirement term or condition of any contract or other document with respect to which this
Certificate may be issued or may pertain. The Insurance afforded by the policies described herein is subject to all the terms,
ef"usions and conditions of such policies.
Co.{ Type of Insurance Policy Number Eff.Date Exp.Date All Limits
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A'" General Liability fTGL08290 01/01/92 01/01/93 f General Aggregate $1000000
(X) Commercial General Liability t f Product Comp/Ops Aggregate $1000000
* ( ) Claims Made (X)Occurrence * f Personal k Advertising Injury $1000000
(1) Owners k./Contractors Protective { t Each Occurrence $1000000
(1) Broad Form * f Fire Damage (Any One Fire) f
t ( ) t f Medical Expense (Any One Person) f
{{}{}{{}{{{{{}{{{{}{{{{{{{{{ffftfftfffffff#fftffffffttftffttffftfftffffftftffftffttfftfftfttftfffffitftf#ttffftffffffffffffftt
8 Automobile Liability *BAP08291 01/01/92 01/01/93 * CSL S1000000
f (1) Any Auto f * Bodily Injury
(X) All Owned Autos f f (Per Person) S
( ) Scheduled Autos * f Bodily Injury
(1) Hired Autos * f (Per Accident) S
f (1) Non -Owned Autos * f Property
( ) Garage Liability * f Damage $
#ft##ffffffff#ffffffffffffffffffffffftffffffffftff#}fffffffffff{}fffffff{ffffff#{{{{{fffftf#{{{}{{{{{fffffttftftfttt#ttffftt#ftft
C Excess Liability *CU208292 01/01/92 01/01/93 f Each
(1) Umbrella Form * * Occurrence Aggregate
* $1000000 $1000000
# ftfffftffftf{}{ffffffff#fffft#fftfffttff#fftttiftf#f#tftt#tfitffffffff#ffftfttfffttfffffffffftttftffftfffffftfftfffftfffffftt.
Workers' Compensation f * Statutory: f (Each Accident)
f and t f t (Disease -Policy Limit)
f Employers' Liability f f f (Disease -Each Employee)
f ffffffffffffffffffffftftffffffftfftt##ftf##fttfffftffftffftfffftffftf#tffff#fff#ffftff##ffttftftffftfttfffft#ft#ffffffftfffff
E Other f t
*Commercial Floater *IMBR932826 01/01/92 01/01/93
f tfffff#tfft###ff#ffffi####tfffifffffff#tfftfftfffftffttftiff*fftftffftffffftftttf#t#fffffffffftffft�kffffffffffffffftffft#t{}{
D ription of Operations/Locations/Vehicles/Special Items
H ro
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Ca..�ellation: Should any of the above described policies be cancelled before the Expiration date thereof,the issuing Company will
endeavor to mail 30 days written Notice to the Certificate Holder named to the 'left, but failure to mail such Notice shall
ir",se no obligation or liability of any kind upon the Company, Its Agents or Representatives.
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Certificate Holder f Authorized Representative
�.• City of Lubbock -Maria Flora, William L. Deal
Purchasing Department
P.O. Box 2000 a �'
Lubbock, Tx 79451 ;.; C.., _, �.
�I
CERTTICATE
9CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THErLLVERAGE AFFORDED8Y THYE PE
CIESBANCELLED BEFORE fNEE ISSUINGPANY MAIL 10 DAYS WRITTEN NOTICE TO THE
�. °RTIF'ICATE DER NAMED:
ISSUE DATE OF THIS CERTIFICATE
JANUARY 28, 1992
ISSUED AT
DALLAS TEXAS
l—i CERTIFICATE "OLDER
CITY OF LUBBOCK
MARIA FLORA -PURCHASING DEPT.
Q TES EMPLOYERS' INDEMNITY CO. • DALLAS, TX
P 0 BOX 2000
2❑ EMPLOYERS CASUALTY COMPANY • DALLAS, TX
LUBBOCK TX 79457
a EMPLOYERS NATIONAL INSURANCE CO. • DALLAS, TX
7❑ EMPLOYERS CASUALTY CORPORATION • DALLAS, TX
8❑ EMPLOYERS NATIONAL INS. CORP. • DALLAS, TX
INSURED
❑E EMPLOYERS OF TEXAS LLOYD'S • DALLAS, TX
BROWN-MCKEE, INC.
P 0 BOX 3279
❑
LUBBOCK TX 79452
AUthortmdRe n tiw
r(Slro�•fiP•d>
COVERAGES
PAT COCKERHAM SUPERVISOR
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED, NOTWITH-
STANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES.
TYPE OF INSURANCE
00.NO.
POLICY NUMBER
EFFECTIVE
�� M )
POLICY ION
DATE SM�D�,POLICY
ALL LIMITS IN THOUSANDS
STATUTORY
WORKERS' COMPENSATION
$500 (EACH ACCIDENT)
EMPLOYERS* DUABILITY
2
2958063
01/01/92
01/01/93
$ 500 (DISEASE - EACH EMPLOYEE)
$500 (DISEASE • POLICY LIMIT)
GENERAL
LIABILITY
GENERALAGGAEGATE
s
PRODUCTSCOMPMPS AGGREGATE
S
COMM ALGEMIMAlUABLIfY
YG N3 ocMwe"
PERSONAL A ADVERTISING INJURY
$
EACHOCCURRENCE
0AMRS&CCNMAC=PAaWWE
FIRE DAMAGE (ANY ONE FIRE)
$
MEDICAL EXPENSE (ANY ONE PERSON)
s
AUTOMOBILE LIABILITY
ANY AUTO
CSL
BODILY
INJURY
ALL OWNED AUTOS
'i'<`#<'•'s-:sv v
`.:•;as;::;£:xizx:><s#:>z>
SCHEDULED AUTOS
(PER PERSON)
$
HIRED AUTOS
BODILY
NON -OWNED AUTOS
INJURY (PER
ENT?
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$:i•..•• :.•:;c•:.•::;::c:;
GARAGE LLU3LITY
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PROPERTY P
EXCESS [jR9tULY
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EXCLUDES COVERAGE FOR MASTERS AND MEMBERS OF THE CREWS OF VESSELS.
RE: BID NUMBER 11158 PRE -FABRICATED METAL BUILDING
L.-EC 17993-C (3-90)
F
CUMBERLAND CASUALTY & SURETY' COMPANY POWER OF ATTORNEY
TAMPA, FLORIDA
PRINCIPAL Br=14KGee, Inc- EFFECTIVE DATE
SeptEnter 1, 1992
P.O. Box 3279 Lubbock, TX. 79452
(STREET ADDRESS) (CITY) (STATE) (ZIP CODE)
CONTRACT AMOUNT $190,995.00 AMOUNT OF BOND $ 190,995.00
POWER NO. C C- 3 7 6 6
KNOW ALL MEN BY THESE PRESENTS: That the Cumberland Casualty & Surety Company, a corporation duly organized under the laws
of the State of Texas, having its principal office in the city of Tampa, Florida, pursuant to the following resolution, adopted by the Board of Directors
of the said Company on the Ist day of January, 1989, to wit:
"Resolved, that the President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -
Fact, such person, firms, or corporations as may be selected from time to time.
Be It Further Reserved, that the signature of the President and the Seal of the Company may be affixed to any such Power of Attorney or any
certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and
binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Cumberland Casualty & Surety Company
does hereby make, constitute and appoint
I.aIn Esoi non State of Texas
its true and lawful attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge
and deliver in its behalf, and its act and deed, as follows:
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
And to bind Cumberland Casualty & Surety Company thereby as fully and to the same extent as if such bond or undertaken was signed by
the duly authorized officer of the Cumberland Casualty & Surety Company, and all the acts of said Attorney(s) pursuant to the authority herein
given, and hereby ratified and confirmed.
IN WITNESS WHEREOF, the Cumberland Casualty & Surety Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
COUNTY OF HILLSBOROUGH
SS
COUNTY OF HILLSBOROUGH
CUMBERLAND CASUALTY & SURETY COMPANY
/ 's j)kLTY aD
�4SEAFrancis M. Williams, President
"OUSTON
TEXAS
On this 1st day of January, A.D. 1989, before me personally came Francis NI. Williams, to me known, who being by me duly sworn,
did depose and say; that he resides in the County of Hillsborough, State of Florida; that he is the President, of the Cumberland Casualty
& Surety Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation;
that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation
and that he signed his name, thereto by like order.
STATE OF FLORIDA
SS
COUNTY OF MLLSBOROUGH
/ yr
,b �_Oq� Ta`
q
PUBLIC AI.L. Gray
My Commission Expires March 27, 1993
`r�0�<OR10P' OJ?
g0(/GN
I, the undersigned, Assistant Secretary of the Cumberland Casualty & Surety Company, a Florida Corporation, DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force.
Signed and Sealed at the City of Tampa.
'oµrr a S6q
z SEAL _
7
Dated the 1st day of *teeter , 19 92
Z,r.g,- 7:11,
v
Evelyn D. Rogers, Assistant Secretary
J11
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CONTRACT
�I
1 711
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E -22-
(THIS PAGE LEFT BLANK INTENTIONALLY)
F
h
STATE OF TEXAS
CONTRACT
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this August 13. 1992, by and between the City of Lubbock, County of
Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter
referred to as OWNER, and BROWN-MCKEE. INC. of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS,
d.w
hereinafter termed CONTRACTOR.
JWITNESSETH: 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 improvEnoents described as fot-
Lows:
BID # 12058-CONCRETE & FOUNTAIN REPAIRS 0 LUBBOCK MEMORIAL CIVIC CENTER PROJECT IN THE AMOUNT OF $190,995.00.
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or
their) own proper cost and expense to furnish att 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 shalt 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
Texas in the year and day first above written.
1
Secre ary
APPROV AS TO CONTENT:
l�
APPROVED AS TO M:
E
i.
ATTEST:
j Corporate Secretary
k
k
K, Lubbock County;.
BROWN-MCKEE. INC.
CONTRACTOR
By:, .
TITLE: '01-e f '�
COMPLETE ADDRESS:
PO Box 3279
LUBBOCK, TX 79452-3279
-23-
it
I
GENERAL CONDITIONS OF THE AGREEMENT
I
r
-24-
(THIS PAGE LEFT BLANK INTENTIONALLY)
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: BROWN-MCKEE. INC., who has
agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood
as referring to WILLIAM PATNE, DIRECTOR OF BUILDING SERVICES, City of Lubbock, under whose supervision these
contract documents, including the plans and specifications, were prepared, and who will inspect construc-
tions; 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 Bider 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
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments
due Subcontractor.
6 u
-25-
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.
a. 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.
-26
F
7 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.
r -27-
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 ell risk in connection therewith shalt 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 -
Hats 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.
-28-
r
r"
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
r~ work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In
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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 aK 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. should a difference of opinion arise as to what
does or does not constitute extra work or as to the payment therefore, and the Owner's Representative 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
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r1l
'- under Method (C). The Contractor will thereby preserve the right to submit the matter -of payment to arbi-
tration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor
and that such price shall include all appurtenances necessary to complete the work in accordance with the
Intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any
discrepancies or omissions in these plans, specifications, or contract documents, he should notify the
Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient suns 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 cover all operations in connection with this
contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided
covering the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability insurance with limits of E300,000 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 110 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 5100,000 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 E100,000
to include all owned and non -owned cars including: Employers Hon -ownership Liability Hired and Hon -
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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S
E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amrnart 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
r' 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 claim 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
F -33-
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. LAMS 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 S100.00 (ONE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages
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.. for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall
be in default after the time stipulated for completing the work.
it is expressly understood and agreed, by and between Contractor and the Owner, that the time for the 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.
w„ 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 ell hindrances and delays in-
cident to such work, whether growing out of delays in securing materiaL or workmen or otherwise. No charge
F -35-
shall lie 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. PAYMMS
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.
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.
�If 43. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
I'! 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
v L:
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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 shall be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration
fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the 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.
C�T_z
q
�!- 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
w 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
E' notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or-
ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or
• the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to
p 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 York, 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 mariners:
(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, is provided in paragraph 42 hereinabove set forth, shall be
Issued. A complete itemized statement of the contract accents, certified to by Owner's 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.
4! -39.
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
sun 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 terns 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 sues 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.
.40-
M
ti- 53. LOSSES FROM NATURAL CAUSES
�I Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the
j 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.
rn
6i 1
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.
-41.
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CURRENT WAGE DETERMINATIONS
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-42-
(THIS PAGE LEFT BLANK INTENTIONALLY)
OGV : da
RESOLUTION
Resolution #2502
January 8, 1987
Agenda Item #18
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
.. 1:23, 1984; and
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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.
r .
' *Ranettd.Boyd, CityQSecretary
41 i, APPROVED T ONTENT:
Bi 1 P,yne, D rector of Building
Services
e.
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Do Id G. Vandiver, First
Assistant City Attorney
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.
r .
' *Ranettd.Boyd, CityQSecretary
41 i, APPROVED T ONTENT:
Bi 1 P,yne, D rector of Building
Services
e.
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Do Id G. Vandiver, First
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
Hourly 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
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
y
EXHIBIT C
Electric Construction Trades
- Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.1 1/2 times base rate.
k i=
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SPECIFICATIONS
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-43.
(THIS PAGE LEFT BLANK INTENTIONALLY)
MEMORIAL CIVIC CENTER REPAIRS
CONCRETE WALKS AND FOUNTAINS
CITY OF LUBBOCK, TEXAS
APRIL 1992
GREEN HARVEY ASSOCIATES, INC.
ARCHITECTS - PLANNERS
LUBBOCK, TEXAS
TABLE OF CONTENTS
BIDDING CONDITIONS
Provided by City of Lubbock
DIVISION 1: GENERAL REQUIREMENTS
01010
Summary of Work
01030
Alternates
01040
Coordination
01090
Reference Standards
01340
Submittals
01400
Quality Control
01500
Temporary Facilities
01600
Material and Equipment
01700
Contract Closeout
DIVISION 2: SITE WORK
02050 Demolition
DIVISION 3: CONCRETE
03100 Concrete Formwork
03200 Concrete Reinforcement
03300 Cast -in -Place Concrete
DIVISION 4: MASONRY
Not Used
DIVISION 5: METAL
05500 Metal Fabrications
TABLE OF CONTENTS TOC -1
DIVISION 6:
WOOD AND PLASTICS
Not Used
-
DIVISION 7:
THERMAL AND MOISTURE PROTECTION
07900
Joint Sealers
DIVISION 8:
DOORS AND WINDOWS
Not Used
_
DIVISION 9:
FINISHES
09900
Painting
DIVISION 10:
SPECIALITIES
Not Used
_
DIVISION 11:
EQUIPMENT
Not Used
DIVISION 12:
FURNISHINGS
Not Used
DIVISION 13:
SPECIAL CONSTRUCTION
Not Used
DIVISION 14:
CONVEYING SYSTEMS
Not Used
DIVISION 1S:
MECHANICAL
Not Used
-
DIVISION 16:
ELECTRICAL _
Not Used
TABLE OF CONTENTS TOC -2
_ SECTION 01010
SUMMARY OF WORK
PART GENERAL
1.1 RELATED DOCUMENTS
A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this
Section.
1.2 SECTION INCLUDES
A. Work covered by Contract Documents.
B. Contractor use of site and premises.
C. Owner occupancy.
1.3 WORK COVERED BY CONTRACT DOCUMENTS
A. This project covers the removal and replacement of existing concrete sidewalks, construction of
wheel chair ramps, repairs and renovations to the Pedestrian Mall Fountain and the Entrance Plaza
Fountain and miscellaneous related items of work at the City of Lubbock Memorial Civic Center.
All work to be accomplished as shown on the drawings and as specified.
1.4 CONTRACTOR USE OF SITE AND PREMISES
A. Limit use of site and premises to allow:
1. Owner occupancy.
2. Work by others.
3. Use of site and adjacent building premises by public for scheduled activities.
1.5 Owner OCCUPANCY
A. The Owner will occupy the site and adjacent building during entire period of construction for the
conduct of normal operations.
B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations.
C. Schedule the work to accommodate this requirement.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
SUMMARY OF WORK
01010 - 1
(THIS PAGE LEFT BLANK INTENTIONALLY)
r,•
SECTION 01030
ALTERNATES
PART GENERAL
1.1 RELATED DOCUMENTS
A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this
Section.
1.2 PRIORITY LEGEND
A. The drawings show a number within a square next to notes or leaders to a portion of the work.
These numbers indicate the priority given to alternate work. Number one is the highest and three
is the lowest priority.
B. Legend:
1. Base Bid.
2. First Add Alternative.
3. Second Add Alternative.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
ALTERNATES
01030 - 1
(THIS PAGE LEFT BLANK INTENTIONALLY)
_ SECTION 01040
COORDINATION
Flik
PART1
GENERAL
1.1 SECTION INCLUDES
n
A.
Coordination.
4
B.
Alteration project procedures.
roll
C.
Preconstruction conference.
1.2 COORDINATION
A.
Coordinate scheduling, submittals, and work of the various Sections of specifications to assure
efficient and orderly sequence of installation of interdependent construction elements, with
R
provisions for accommodating items installed later.
B.
Coordinate completion and clean up of work of separate Section in preparation for substantial
completion.
C.
Coordinate all construction activities and storage of materials with owner's representative so as
to minimize disruption of activities at the Civic Center.
1.3 ALTERATION PROJECT PROCEDURES
A.
Materials: As specified in product Sections; match existing products and work for patching and
extending work.
B. Remove, cut, and patch work in a manner to minimize damage and to provide a means of
restoring products and finishes to original condition.
C. Where new work abuts or aligns with existing, perform a smooth and even transition. Patched
work to match existing adjacent work in texture and appearance.
D. When finished surfaces are cut so that a smooth transition with new work is not possible,
terminate existing surface along a straight line at a natural line of division and make
recommendation to the Architect.
i
1.4 EXISTING CONDITIONS
A. Underground utilities: Failure of the drawings to show underground utility lines or other
concealed piping, wiring and the like shall not be construed as a guarantee on the part of the
Architect or the Owner that such conditions do not exist, though unknown. All operations
involving excavation or removals shall be done at the risk of the Contractor who shall take the
necessary precautions to protect employees and the public from injury or death and to avoid
damage to existing systems.
COORDINATION 01040 - 1
B. _Damage to existing systems: Whether exposed or below grade, any piping (such as piping for
gas, water, waste, vent, drainage, sewer, heating, or cooling systems, etc.) or wiring (such as
wiring for electric lighting, power, public address, telephone, or signalling systems, etc.) which
is encountered during the construction period and becomes damaged shall be repaired or replaced
at the Contractor's expense.
1.5 PRECONSTRUCTION CONFERENCE
A. Architect will schedule a conference after Notice of Award.
B. Attendance Required: Owner, Architect, and Contractor.
C. Agenda:
1. Execution of Owner -Contractor Agreement.
2. Submission of executed bonds and insurance certificates.
3. Distribution of Contract Documents.
4. Submission of list of Subcontractors, list of products, Schedule of Values, and progress
schedule.
S. Designation of personnel representing the parties in Contract, and the Architect.
6. Procedures and processing of field decisions, submittals, substitutions, applications for
payments, proposal request, Change Orders, and Contract closeout procedures.
7. Use of premises by Owner and Contractor.
8. Owner's requirements.
9. Security and housekeeping procedures.
10. Schedules.
11. Procedures for maintaining record documents.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
k
COORDINATION 01040 - 2
SECTION 01090
REFERENCE STANDARDS
PART1
GENERAL
1.1
SECTION INCLUDES
A.
Quality assurance.
B.
Schedule of references.
1.2
RELATED SECTIONS
A.
Document -General Conditions: Reference Standards.
1.3
QUALITY ASSURANCE
A.
For products or workmanship specified by association, trade, or Federal Standards, comply with
requirements of the standard, except when more rigid requirements are specified or are required
by applicable codes.
B.
Conform to reference standard by date of issue current on date of Contract Documents.
C.
Obtain copies of standards when required by Contract Documents.
D.
Should specified reference standards conflict with Contract Documents, request clarification from
Architect before proceeding.
E.
The contractual relationship of the parties to the Contract shall not be altered from the Contract
Documents by mention or inference otherwise in any reference document.
1.4
SCHEDULE OF REFERENCES
AA
Aluminum Association
AABC
Associated Air Balance Council
AASHTO American Association of State Highway and Transportation Officials
ACI
American Concrete Institute `
ADC
Air Diffusion Council
AGC
Associated General Contractors of America
AIA
American Institute of Architects
AISC
American Institute of Steel Construction
AISI
American Iron and Steel Institute
REFERENCE STANDARDS 01090 - 1
AMCA _
Air Movement and Control Association
ANSI
American National Standards Institute
APA
American Plywood Association
ARI
Air -Conditioning and Refrigeration Institute
ASHRAE
American Society of Heating, Refrigerating and Air Conditioning Engineers
ASME
American Society of Mechanical Engineers
ASTM
American Society for Testing and Materials
AWI
Architectural Woodwork Institute
AWPA
American Wood -Preservers' Association
AWS
American Welding Society
AWWA
American Water Works Association
BIA
Brick Institute of America
CRSI
Concrete Reinforcing Steel Institute
DHI
Door and Hardware Institute
FGMA
Flat Glass Marketing Association
FM
Factory Mutual System
FS
Federal Specification
GA
Gypsum Association
ML/SFA
Metal Lath/Steel Framing Association
NAAMM
National Association of Architectural Metal Manufacturers
NCMA
National Concrete Masonry Association
NEMA
National Electrical Manufacturers' Association
NFPA
National Fire Protection Association
NWMA
National Woodwork Manufacturers Association
PCA
Portland Cement Association
PS
Product Standard
REFERENCE STANDARDS 01090 - 2
SDI _ Steel Deck Institute
SDI Steel Door Institute
SJI Steel Joist Institute
SMACNA Sheet Metal and Air Conditioning Contractors' Association
UL Underwriters' Laboratories, Inc.
WCLIB West Coast Lumber Inspection Bureau
WWPA Western Wood Products Association
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
REFERENCE STANDARDS
01090 - 3
(THIS PAGE LEFT BLANK INTENTIONALLY)
SECTION 01340
SUBMITTALS
PARTI
GENERAL
1.1
RELATED DOCUMENTS
A.
The Drawings, General Conditions, Supplementary General Conditions apply to the work of this
Section.
1.2
SECTION INCLUDES
A.
Submittal procedures.
B.
Shop drawings.
C.
Product data.
D.
Manufacturers' instructions.
E.
Manufacturers' certificates.
1.3
RELATED SECTIONS
A.
Section 01400 - Quality Control: Manufacturers' field services and reports.
B.
Section 01700 - Contract Closeout: Contract warranty and closeout submittals.
1.4
SUBMITTAL PROCEDURES
A.
Transmit each submittal with AIA Form G810 or Contractors' standard preprinted transmittal
form.
B.
Sequentially number the transmittal forms.
C.
Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail
number(s) , and specification Section number, as appropriate.
D.
Apply Contractor's stamp, signed or initialled certifying that review, verification of Prqducts
required, field dimensions, adjacent construction work, and coordination of information, is in
accordance with the requirements of the work and Contract Documents. Submittals arriving for
review by architect that do not have the Contractor's stamp and initial will be returned without
review.
E.
Schedule submittals to expedite the Project, and deliver to the Architect business address.
Coordinate submission of related items.
F.
Identify variations from Contract Documents and Product or system limitations which may be
detrimental to successful performance of the completed work.
SUBMITTALS 01340-1
G.
-Provide space for Contractor and Architect review stamps.
H.
Revise and resubmit submittals as required, identify all changes made since previous submittal.
I.
Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report
any inability to comply with provisions.
1.5 CONSTRUCTION PROGRESS SCHEDULES
A.
Submit three copies of the initial progress schedule within 15 days after date established in Notice
to Proceed for Architect review.
B.
Revise and resubmit as required.
C.
Submit three copies of the revised schedules with each Application for Payment, identifying
changes since previous version.
1.6 PROPOSED PRODUCTS LIST
A.
Within 15 days after date of Owner -Contractor Agreement submit three copies of the complete
list of major products proposed for use, with name of manufacturer, trade name, and model
number of each product.
B.
Within 15 days after date of Owner -Contractor Agreement submit three copies of the completed
project list of Schedule of Values to be used for this project.
1.7 SHOP DRAWINGS
A. Submit the number of copies which the Contractor requires plus two copies which will be retained
by the Architect.
B. After review, distribute in accordance with Article on Procedures above and for Record
Documents described in Section 01700 - Contract Closeout.
1.8 PRODUCT DATA
A. Submit the number of copies which the Contractor requires, plus two copies which will be retained
by the Architect.
B. Mark each copy to identify applicable products, models, options, and other data. Supplement
manufacturers' standard data to provide information unique to this Project.
C. After review, distribute in accordance with Article on Procedures above and provide copies for
Record Documents described in Section 01700 - Contract Closeout.
1.9 MANUFACTURER'S INSTRUCTIONS
A. When specified in individual specification sections, submit manufacturers' printed instructions for
delivery, storage, application and finishing, in quantities specified for Product Data.
B. Identify conflicts between manufacturers' instructions and Contract Documents.
SUBMITTALS 01340 - 2
1.10 MANUFACTURER'S CERTIFICATES
A. When specified in individual specification sections, submit manufacturers' certificate to Architect
for review, in quantities specified for Product Data.
B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting
reference date, affidavits, and certifications as appropriate.
C. Certificates may be recent or previous test results on material or Product, but must be acceptable
to Architect.
1.11 PAY REQUEST
A. Contractor shall use the standard AIA form G722, Project Application and Project Certificate for
Payment. Pay Request received by the 15th of the month will be processed for payment within
thirty (30) days.
B. A copy of the AIA form G722 is provided at the end of this section.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
SUBMITTALS
9
01340 - 3
0
w
A
O
PROJECT APPLICATION AND PROJECT CERTIFICATE FOR PAYMENT
AIA Document G722 (instructions on reverse side) PAGE ONE 01 PAGES
TO (Owner): PROJECT: APPIICA1ION NO: Distribution to:
Cl OWNER
PLRIOD FROM: L-1 ARCHITECT
10: D CONSTRUCTION
MANAGER
ATTENTION: CONSTRUCTION MANAGER: ARCHITI.Cf'S
PROJLC 1' NO:
PROJECT APPLICATION FOR PAYMENT Appticakloif*-madtf tits Paynuvu, as %ho%%n below, in connection with the Project.
AIA Document G72 3, Ploje(t Application Sunlnlary, is attached.
The undersigned Construction Manager certifies that to the best of the -)he present slalus of the ac( uunt iul .111 C0111Ia(101s fu( this I'ruiCL1 is as follows:
'
Construction Managers knowledge, Information and Deere( Work cov-
ered by this Project Application for Payment has been completed in
accordance with the Contract Documents, that all amounts have been
paid by the Contractors for Work for which previous Project Certificates
for Payment were issued and payments received from the Owner, anti
that current payment shown herein is now due.
CONSTRUCTION MANAGER
By:
Stale of:
Subscribed and sworn to before me this
Notary Public:
My Commission expires:
Date:
County of:
day of
TOTAL CONTRACT SUMS (Ilene A Totals) ............
Loral Net thanges by Cliant,c (lure, (Ilene It lolals) ...$__
TOTAL CONTRACT SUM TO DATE (Itenl C Iotals) .....$
TOTAL COMPLETED & STORED TO DATE ............$
(Ilene I finals)
RETAINAGE (Item H Totals) .........................S
019 LESS PREVIOUS TOTAL PAYMENTS (Item I Totals) .....$
CURRENT PAYMENT DUE (Item J Totals) .............$
ARCHITECT'S PROJECT CERTIFICATE FOR PAYMENT TOTAL OF AMOUNTS CERTIFIED ................$
(Allach eaplan.aiun it a►nuunl c eflihed dillets Irum the amount applied for)
In accordance with the Contract Documents, based on on -site observa- AR(:I II1L(:1':
tions and the data comprising the above Application, the Architect certi-
fies to the Owner that Work has progressed as indicated; that to the best
of the Architect's knowledge, information and belief the quality of the
Work is in accordance with the Contract Documents; and that the Con-
tractors are entitled to payment of the AMOUNTS CERI IFIED.
)3y: Date:
this Certificate is not negoliable. The AMOUNTS CLRTI1II.1.) are payable only to the
Contras fors named oil AIA Document G723, atlached. Issuance, payment and accep-
tance of payment art! wilhout prejudite to any rights of the Owner or the Contractor
under Iles Contracl.
AIA DOCUMENI G722 • PKOILCr APP11CA11014 AND PR(11ICI (LKIIIICAIL I0R PAYAILNI • JUNE 1101 IDIIIUN • AIA"
Q 196) • THE AMEKICAN INS111UIE 01 ARCHMILIS, 11J5 NEW YOKK AVINUL, N.W.• WAStlINGION, IYC. :(MM C722—'"1980
!,
SECTION 01400
QUALITY CONTROL
PART1
GENERAL
1.1
RELATED DOCUMENTS
A.
The Drawings, General Conditions, Supplementary General Conditions apply to the work of this
Section.
1.2
SECTION INCLUDES
A.
Quality assurance and control of installation.
B.
References.
C.
Field samples.
D.
Inspection and testing laboratory services.
1.3
RELATED SECTIONS
A.
Section 01090 - Reference Standards.
B.
Section 01340 - Submittals: Submission of Manufacturers' Instructions and Certificates.
C.
Section 01600 - Material and Equipment: Requirements for material and product quality.
D.
Individual Specification Sections: Inspections and tests required, and standards for testing.
1.4
QUALITY ASSURANCE/CONTROL OF INSTALLATION
A.
Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and
workmanship, to produce Work of specified quality.
B.
Comply fully with manufacturers' instructions, including each step in sequence.
C.
Should manufacturers' instructions conflict with Contract Documents, request clarification from
Architect before proceeding. i
D.
Comply with specified standards as a minimum quality for the work except when more stringent
tolerances, codes, or specified requirements indicate higher standards or more precise
workmanship.
E.
Perform work by persons qualified to produce workmanship of specified quality.
F.
Secure Products in place with positive anchorage devices designed and sized to withstand stresses,
vibration, physical distortion or disfigurement.
1.5
REFERENCES
A.
Conform to reference standard by date of issue current on date of Contract Documents.
QUALITY CONTROL 01400 - 1
B. _ Obtain copies of standards when required by Contract Documents.
C. Should specified reference standards conflict with Contract Documents, request clarification for
Architect before proceeding.
D. The contractual relationship of the parties to the Contract shall not be altered from the Contract _
Documents by mention or inference otherwise in any reference document.
E. ANSI/ASTM E329 - Recommended Practice for Inspection and Testing Agencies for Concrete,
-Steel, and Bituminous Materials Used in Construction.
1.6 FIELD SAMPLES
A. Install field samples at the site as required by individual specifications sections for review.
B. Acceptable samples represent a quality level for the work.
C. Where field sample is specified in individual sections to be removed, clear area after field sample
has been accepted by Architect.
1.7 INSPECTION AND TESTING LABORATORY SERVICES
A. Owner may employ and pay for services of an independent Testing Laboratory or Owner may use
its own personnel and facilities to perform inspection and testing laboratory services.
B. The Testing Laboratory will perform inspections, tests, and other services specified in individual
specification sections and as required by the Architect.
C. Reports will be submitted to the Architect, in duplicate, indicating observations and results of test
and indicating compliance or non-compliance with Contract Documents.
D. Cooperate with Testing Laboratory: furnish samples of materials, design mix, equipment, tools, -
storage and assistance as requested.
1. Notify Architect and Testing Laboratory firm 24 hours prior to expected time for
operations requiring services.
2. Make arrangements with Testing Laboratory firm and pay for additional samples and tests
required for Contractor's use.
E. Retesting required because of non-conformance to specified requirements shall be performed by
the same Testing Laboratory firm on instructions by the Architect. Payment for retesting will be
charged to the contractor by deducting inspection or testing charges from the Contract Sum/Price.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
QUALITY CONTROL 01400 - 2
f _ SECTION 01500
J TEMPORARY FACIL1TIES
PART1 GENERAL
1.1 RELATED DOCUMENTS
A. The Drawings, General Conditions, Supplementary General Conditions apply to the work in this
Section.
1.2
SECTION INCLUDES
A. Temporary Utilities: Sanitary facilities.
B. Temporary Controls: Barriers, enclosures and fencing, protection of the work, and water control.
C. Construction Facilities: Parking, progress cleaning, project signage, and temporary buildings.
1.3
RELATED SECTIONS
A. Section 01700 - Contract Closeout: Final cleaning.
71
1.4
TEMPORARY SANITARY FACILITIES
l
A. Provide and maintain required facilities and enclosures. Existing facilities shall not be used by
f
i
construction crews.
1.5
BARRIERS
i
A. Provide barriers to prevent unauthorized entry to construction areas, while still allowing access
for Owner's use of site. Protect existing facilities and adjacent properties from damage during
f
construction operation and demolition.
B. Protect vehicular traffic, stored materials, site and structures from damage.
C. Clearly post warning signs all around the work sites, secure to fence.
1.6
WATER CONTROL
A. Grade site for positive drainage around new construction. Maintain excavations free of water.
Provide, operate, and maintain pumping equipment when necessary.
B. Protect site from puddling or running water. Provide water barriers as required to protect site
from soil erosion.
1.7
PROTECTION OF INSTALLED WORK
A. Protect installed work and provide special protection where specified in individual specification
!
iI
sections.
B. Provide temporary and removable protection for installed products. Control activity in immediate
I
work area to minimize damage.
i,
r
TEMPORARY FACILITIES 01500 - 1
�I
i I•
C. _ Prohibit traffic through landscaped areas.
1.8 SECURITY —
A. Provide security and facilities to protect work, and existing facilities, and Owner's operations
directly adjacent to new construction from unauthorized entry, vandalism, or theft.
B. Coordinate with Owner's security program.
1.9 PARKING
A. Arrange for temporary parking areas to accommodate construction personnel.
B. When site space is not adequate, provide additional off -site parking.
1.10 PROJECT SIGNAGE
A. Contractor and Sub -Contractors may use one combined sign measuring 4 feet wide and 8 feet high
mounted securely to sign posts. If a sign is used the Architect shall review wording and location
before sign is to be installed. B. Contractor shall install Architect's job sign on Contractor supplied sign posts as directed.
1.11 PROGRESS CLEANING —
A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean orderly
condition. —
B. Remove waste materials, debris, and rubbish from site weekly and dispose off -site.
1.12 REMOVAL OF TEMPORARY UTILITIES, FACILITIES, AND CONTROLS
A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to
Substantial Completion inspections.
B. Clean and repair damage caused by installation or use of temporary work.
C. Restore existing facilities used during construction to original condition. Restore permanent
facilities used during construction to specified condition.
D. Remove all job signs and repair holes dug for post, regrade lawn as necessary. i
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
TEMPORARY FACILITIES 01500 - 2
SECTION 01600
MATERIAL AND EQUIPMENT
PART1
GENERAL
1.1
RELATED DOCUMENTS
A.
The Drawings, General Conditions, Supplementary General Conditions apply to the work of this
Section.
1.2
SECTION INCLUDES
A.
Products.
B.
Transportation and handling.
C.
Storage and protection.
D.
Product options.
E.
Substitutions.
1.3
RELATED SECTIONS
A.
Instruction to Bidders: Product options and substitution procedures.
B.
Section 01400 - Quality Control: Product quality monitoring.
1.4
PRODUCTS
A.
Products: Means new material, machinery, components, equipment, fixtures, and systems
forming the work. Does not include machinery and equipment used for preparation, fabrication,
conveying and erection of the work. Products may also include existing materials or components
required for reuse.
B.
Do not use materials and equipment removed from existing premises, except as specifically
permitted by the contract documents or as approved by the Architect.
1.5
TRANSPORTATION AND HANDLING
A.
Transport and handle products in accordance with manufacturer's instructions.
B.
Promptly inspect shipments to assure that products comply with requirements, quantities are
correct, and products are undamaged.
C.
Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement,
or damage.
MATERIAL AND EQUIPMENT 01600 - 1
1.6 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Delivery:
1. Deliver materials, products and equipment to the project site in undamaged condition in
manufacturer's original unopened containers or packaging with identifying labels intact
and legible.
2. Arrange deliveries in accord with the construction schedule and in ample time to facilitate
inspection prior to installation in order to avoid unnecessary delays in the construction
process.
B. Storage:
1. Store and protect products in accordance with manufacturer's instructions, with seals and
labels intact and legible. Store sensitive products in weather -tight, climate controlled
enclosures.
2. For exterior storage of fabricated products, place on sloped supports, above ground.
3. Provide off -site storage and protection when site does not permit on -site storage or
protection.
4. Cover products subject to deterioration with impervious sheet covering. Provide
ventilation to avoid condensation.
S. Store loose granular materials on solid flat surfaces in a well -drained area. Prevent
mixing with foreign matter.
6. Provide equipment and personnel to store products by methods to prevent soiling,
disfigurement, or damage.
7. Arrange storage of products to permit access for inspection. Periodically inspect to
assure products are undamaged and are maintained under specified conditions.
C. Handling:
1. Handle materials, products and equipment in a manner prescribed by the manufacturer
or as required to protect from damage during storage and installation.
1.7 PRODUCT OPTIONS
A. Products specified by Reference Standards or by description only: Any product meeting those
Standards or description.
B. Products specified by naming one or more manufacturers: Products of manufacturers named and
meeting specifications, no options or substitutions allowed.
C. Products specified by naming one or more manufacturers with a provision for substitutions:
Submit a request for substitution for any manufacturer not named.
MATERIAL AND EQUIPMENT 01600 - 2
1.8 SUBSTITUTIONS
A. Instructions to bidders specify time restrictions for submitting requests; for substitutions during the
bidding period to requirements specified in this Section.
B. Substitutions may be considered when a product becomes unavailable through no fault of the
Contractor.
C. Document each request with complete data substantiating compliance of proposed substitutionwith
contract documents.
D. A request constitutes a representation that the contractor:
1. Has investigated proposed product and determined that it meets or exceeds the quality
level of the specified product.
2. Will provide the same warranty for the substitution as for the specified product.
3. Will coordinate installation and make changes to other work which may be required for
the work to be complete with no additional cost to Owner.
4. Waives claims for additional costs or time extension which may subsequently become
apparent.
5. Will reimburse Owner for review or redesign services associated with re -approval by
authorities.
E. Substitutions will not be considered when they are indicated or implied on shop drawing or
product data submittals, without separate written request, or when acceptance will require revision
to the Contract Documents.
j
F. Substitution Submittal Procedure:
1- Submit three copies of request for substitution for consideration. Limit each request to
^"
one proposed substitution.
2. Submit shop drawings, product data, and certified test results attesting to the proposed "
products equivalence.
3. The Architect will notify Contractor, in writing, of decision to accept or reject request.
PART 2 PRODUCTS
�I
NOT USED
PART 3 EXECUTION
NOT USED c
END OF SECTION
r
MATERIAL AND EQUIPMENT 01600 - 3
(THIS PAGE LEFT BLANK INTENTIONALLY)
SECTION 01700
CONTRACT CLOSEOUT
PART1 GENERAL
1.1 RELATED DOCUMENTS
A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this
Section.
1.2 SECTION INCLUDES
A. Closeout procedures.
B. Final cleaning.
C. Project record documents.
1.3 RELATED SECTIONS
A. Section 01400 - Quality Control
1.4 CLOSEOUT PROCEDURES
A. Submit written certification that Contract Documents have been reviewed, work has been
inspected, and that work is complete in accordance with Contract Documents and ready for
Architect inspection.
B. Submit final application for payment identifying total adjusted contract sum, previous payments,
and sum remaining due.
1.5 FINAL CLEANING
A. Execute final cleaning prior to final inspection.
B. Clean surfaces exposed to view; remove temporary labels, stains and foreign substances.
C. Clean site; sweep paved areas, rake clean landscaped surfaces.
D. Remove waste and surplus materials, rubbish, and construction facilities from the site. i
1.6 PROJECT RECORD DOCUMENTS
A. Maintain on site, one set of the following record documents; record actual revisions to the work:
1. Contract drawings.
2. Specifications.
3. Addenda.
4. Change orders and other modifications to the contract.
5. Reviewed shop drawings product data, and samples.
CONTRACT CLOSEOUT 01700 - 1
B. _ Store record documents separate from documents used for construction.
C. Record information concurrent with construction progress.
D. Submit documents to Architect with claim for final application for payment.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
CONTRACT CLOSEOUT
t
01700 - 2
i -
SECTION 02050
DEMOLITION
PART1 GENERAL
1.1 SUBMITTALS
A. The procedures proposed for the accomplishment of salvage and demolition work shall be
submitted for approval. The procedures shall provide for safe conduct of the work, careful
removal and disposition of materials specified to be salvaged, protection of property which is to
remain undisturbed, and coordination with other work in progress. The procedures shall include
detailed description of the methods and equipment to be used for each operation, and the sequence
of operations.
r" 1.2 GENERAL REQUIREMENTS
r
A. The work includes demolition or removal of existing construction indicated or specified. All
materials resulting from demolition work, except as indicated or specified otherwise, shall become
the property of the Contractor and shall be removed from the limits of Owners property. Rubbish
and debris shall be removed daily unless otherwise directed so as to not allow accumulation on
the site.
1.3 DUST CONTROL
A. The amount of dust resulting from demolition shall be controlled to prevent the spread of dust to
occupied portions of the building and to avoid creation of a nuisance in the surrounding area. Use
of water will not be permitted when it will result in, or create, hazardous or objectionable
conditions such as ice, flooding and pollution.
1.4 PROTECTION
A. Protection of Existing Work: Before beginning any demolition work, the Contractor shall
carefully survey the existing work and examine the drawings and specifications to determine the
extent of the work. The Contractor shall take all necessary precautions to ensure against damage
to existing work to remain in place, any damage to such work shall be repaired or replaced at no
additional cost to the Owner. The Contractor shall carefully coordinate the work of this section
with all other work and construct and maintain shoring, bracing and supports, as required.
B. Protection of Trees: Trees within the project site which might be damaged during demolition and
which are indicated to be left in place shall be suitably protected. Any tree that is damaged during
the work under this contract shall be replaced.
1.5 AVAILABILITY OF WORK AREAS
A. Areas in which demolition work is to be accomplished will be available in accordance with the
provisions of these Specifications. Coordinate work with facility schedule of activities.
DEMOLITION 02050 - 1
PART 2 EXECUTION
2.1 EXISTING FACILITIES
A. Concrete Surfaces: Existing concrete walks or other concrete surfaces shall be removed within
the limits shown on the drawings. Cutting with a concrete saw will be required unless the section
is be removed to an existing construction joint. All cutting and removal of concrete surfaces shall
be to a true straight line.
B. Other Facilities: Remove within the limits shown and as noted on the Drawings.
2.2 DISPOSITION OF MATERIALS
A. Title to Materials: Title to all materials and equipment to be demolished, is vested in the
Contractor upon receipt of notice to proceed.
B. Disposition: All materials resulting from demolition shall be disposed by the Contractor in
accordance with all applicable laws, codes, and ordinances.
2.3 CLEAN-UP
A. Debris and Rubbish: Debris and rubbish shall be removed from work sites.
B. Debris Control: Debris shall be removed and transported in a manner as to prevent spillage on
streets or adjacent areas.
C. Regulations: Local regulations regarding hauling and disposal apply.
END OF SECTION
c
DEMOLITION 02050 - 2
_ SECTION 03100
CONCRETE FORMWORK
PART1
GENERAL
1.1
RELATED DOCUMENTS
�..
A. The Drawings, General Conditions, Supplementary General Conditions apply to the work in this
Section.
1.2
WORK INCLUDED
for bracing
A. Formwork cast -in -place concrete, with shoring, and anchorage.
�^
B. Openings for other work.
C. Form accessories.
D. Form stripping.
1.3
PRODUCTS INSTALLED BUT NOT FURNISHED UNDER THIS SECTION
A. Section 03300 - Cast -In -Place Concrete: Supply of concrete accessories for placement by this
section.
B. Section O5500 - Metal Fabrications: Supply of metal fabrications for placement by this section.
1.4
RELATED WORK
A. Section 03200 - Concrete Reinforcement.
117
B. Section 03300 - Cast -In -Place Concrete.
1.5
REFERENCES
II7
A. ACI 347 - Recommended Practice For Concrete Formwork.
B. PS-1 - Construction and Industrial Plywood.
c
1.6
DESIGN REQUIREMENTS
A. Design, engineer and construct formwork, shoring and bracing to conform to code requirements;
7
resultant concrete to conform to required shape, line and dimension.
1.7
QUALITY ASSURANCE
A. Perform work in accordance with ACI 301.
l
CONCRETEFORMWORK
RMW RK 03100-1
1 ��
1.8
PART 2
2.1
2.2
PART 3
3.1
COORDINATION
A. Coordinate work under provisions of Division 1.
B. Coordinate this section with other sections of work which require attachment of components to
formwork.
C. If formwork is placed after reinforcement resulting in insufficient concrete cover over
reinforcement, request instructions from Architect before proceeding.
PRODUCTS
WOOD FORM MATERIALS
A. Plywood: Douglas Fir species; medium density overlaid one side grade; sound undamaged sheets
with clean, true edges.
B. Lumber: Douglas Fir species; construction grade; with grade stamp clearly visible.
FORMWORK ACCESSORIES
A. Form Ties: Snap -off type, galvanized metal, adjustable length, cone type, free of defects that
could leave holes larger than one inch in concrete surface.
B. Form Release Agent: colorless mineral oil which will not stain concrete, or absorb moisture.
EXECUTION
EXAMINATION
A. Verify lines, levels and centers before proceeding with formwork. Ensure that dimensions agree
with drawings.
3.2 EARTH FORMS
A. Hand trim sides and bottom of earth forms. Remove loose soil prior to placing concrete. Earth
forms will not be permitted for concrete which will be exposed to view.
3.3 ERECTION - FORMWORK
A. Erect formwork, shoring and bracing to achieve design requirements, in accordance, with
requirements of ACI 301.
B. Provide bracing to ensure stability of formwork. Shore or strengthen formwork subject to
overstressing by construction loads.
C. Arrange and assemble formwork to permit dismantling and stripping. Do not damage concrete
during stripping. Permit removal of remaining principal shores.
D. Align joints and make watertight. Keep form joints to a minimum.
CONCRETE FORMWORK 03100 - 2
P
E i
3.4 APPLICATION - FORM RELEASE AGENT
A.
Apply form release agent on formwork in accordance with manufacturer's recommendations.
A
lB.
Apply prior to placement of reinforcing steel, anchoring devices, and embedded items.
3.5 INSERTS, EMBEDDED PARTS, AND OPENINGS
A.
Provide formed openings where required for items to be embedded in or passing through concrete
work.
B.
Locate and set in place items which will be cast directly into concrete.
C.
Coordinate work of other sections in forming and placing openings, slots, reglets, recesses,
chases, sleeves, bolts, anchors, and other inserts.
3.6 FORM CLEANING
i
A.
Clean and remove foreign matter within forms as erection proceeds.
I I
B.
Clean formed cavities of debris prior to placing concrete.
C.
Flush with water or use compressed air to remove remaining foreign matter. Ensure that water
and debris drain to exterior through clean -out ports.
3.7 FORMWORK TOLERANCES
rA.
Construct formwork to maintain tolerances required by ACI 301.
3.8 FIELD QUALITY CONTROL
A. Inspect erected formwork, shoring, and bracing to ensure that work is in accordance with
formwork design, and that supports, fastenings, wedges, ties, and items are secure.
B. Do not reuse wood formwork more than 3 times. Do not patch formwork.
3.9 FORM REMOVAL
A. Do not remove forms or bracing until concrete has gained sufficient strength to carry its own
weight and imposed loads.
i
B. Loosen forms carefully. Do not wedge pry bars, hammers, or tools against finish concrete
surfaces scheduled for exposure to view.
C. Store removed forms in manner that surfaces to be in contact with fresh concrete will not be
damaged. Discard damaged forms.
END OF SECTION
CONCRETE FORMWORK 03100 - 3
(THIS PAGE LEFT BLANK INTENTIONALLY)
- SECTION 03200
CONCRETE REINFORCEMENT
PART
GENERAL
1.1
RELATED DOCUMENTS
A.
The Drawings, General Condition, Supplementary General Conditions apply to the work in this
Section.
1.2
WORK INCLUDED
A.
Reinforcing steel bars, wire fabric and accessories for cast -in -place concrete.
1.3
RELATED WORK
A.
Section 03100 - Concrete Formwork.
B.
Section 03300 - Cast -In -Place Concrete.
1.4
REFERENCES
A.
ACI 301 - Structural Concrete for Buildings.
B.
ACI 318 - Building Code Requirements for Reinforced Concrete.
C.
ACI SP-66 - American Concrete Institute - Detailing Manual.
D.
ANSI/ASTM A82 - Cold Drawn Steel Wire for Concrete Reinforcement.
E.
ANSI/ASTM A185 - Welded Steel Wire Fabric for Concrete Reinforcement.
F.
ANSI/AWS D1.4 - Structural Welding Code for Reinforcing Steel.
G.
ASTM A615 - Deformed and Plain Billet Steel Bars for Concrete Reinforcement.
H.
CRSI - Concrete Reinforcing Steel Institute Manual of Practice.
I.
CRSI 63 - Recommended Practice for Placing Reinforcing Bars.
J.
CRSI 65 - Recommended Practice for Placing Bar Supports, Specifications and Nomenclature.
1.5
SUBMITTALS
A.
Submit under provisions of Division 1.
B.
Shop Drawings: Indicate bar sizes, spacings, locations, and quantities of reinforcing steel and
wire fabric, bending and cutting schedules, and supporting and spacing devices.
CONCRETE REINFORCEMENT 03200 - 1
1.6 QUALITY ASSURANCE
A. Perform work in accordance with ACI 301.
1.7 COORDINATION
A. Coordinate work under provisions of Division 1.
B. Coordinate with placement of formwork, formed openings and other work.
PART 2 PRODUCTS
2.1 REINFORCEMENT
A. Reinforcing Steel: ASTM A615, 60 ksi yield grade; deformed billet steel bars.
B. Welded Steel Wire Fabric: ASTM A185 Plain Type in flat sheets for flat slabs and coiled rolls
for other areas.
2.2 ACCESSORY MATERIALS
A. Tie Wire: Minimum 16 gage annealed type.
B. Chairs, Bolsters, Bar Supports, Spacers: Sized and shaped for strength and support of
reinforcement during concrete placement conditions. Provide special chairs with plate bottoms
for chair on sand fill.
2.3 FABRICATION
A. Fabricate concrete reinforcing in accordance with ACI 318.
B. Locate reinforcing splices not indicated on drawings, at point of minimum stress. Indicate location
of splices in the shop drawings.
PART 3 EXECUTION
3.1 PLACEMENT
A. Place, support and secure reinforcement against displacement. Do not deviate from required
position. Place welded wire fabric in center of slab.
B. Do not displace or damage vapor barrier.
C. Accommodate placement of formed openings.
3.2 FIELD QUALITY CONTROL
A. Field inspection will be performed under provisions of Division 1.
END OF SECTION
CONCRETE REINFORCEMENT 03200 - 2
il! „
SECTION 03300
CAST -IN -PLACE CONCRETE
I
PART1
GENERAL
1.1
RELATED DOCUMENTS
A.
The Drawings, General Conditions, Supplementary General Conditions apply to the work in this
Section.
1.2
WORK INCLUDES
rA.
Cast -in -place concrete sidewalks, flat slabs, retaining walls, curbs and miscellaneous concrete
sections.
B.
Control, and expansion and contraction joint devices associated with concrete work.
1.3
RELATED WORK
t
A.
Section 03100 - Concrete Formwork.
B.
Section 03200 - Concrete Reinforcement.
C.
Section 07900 - Joint Sealers.
1.4
REFERENCES
A.
ACI 301 - Structural Concrete for Buildings.
r
B.
l
ACI 302 - Guide for Concrete Floor and Slab Construction.
C.
ACI 304 - Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete.
D.
ACI 305R - Hot Weather Concreting.
t
t
E.
ACI 306R - Cold Weather Concreting.
F.
ACI 308 - Standard Practice for Curing Concrete.
G.
ACI 318 Building Code Requirements for Reinforced Concrete.
r
H.
ANSI/ASTM D1751 - Preformed Expansion Joint Fillers for Concrete Paving and Structural
I
Construction (Nonextruding and Resilient Bituminous Types).
I.
ASTM C33 - Concrete Aggregates.
r
1 '
J.
ASTM C94 - Ready -Mixed Concrete.
r
t.
K.
ASTM C150 - Portland Cement.
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1.
CAST -IN -PLACE CONCRETE 03300 - 1
L.
_ ASTM C260 - Air Entraining Admixtures for Concrete.
M.
ASTM C494 - Chemicals Admixtures for Concrete.
1.5
QUALITY ASSURANCE
A.
Perform Work in accordance with ACI 301.
B.
Acquire cement and aggregate from same source for all work.
C.
Conform to ACI 305R when concreting during hot weather.
D.
Conform to ACI 306R when concreting during cold weather.
1.6
COORDINATION
A.
Coordinate the placement of joint devices with erection of concrete formwork and placement of
form accessories.
B.
Coordinate work schedule with activity schedule of Memorial Civic Center, activities of the center
are to have minimal disturbance.
PART 2
PRODUCTS
2.1
CONCRETE MATERIALS
A.
Cement: ASTM C150, Type I - Normal.
B.
Fine and Coarse Aggregates: ASTM C33; coarse aggregates to comply with hardness and
soundness requirements. Sources of aggregates to be approved by Architect prior to start of
concrete operations. Maximum size of coarse aggregate shall be 3/4 inches.
C.
Water: Clean and not detrimental to concrete.
2.2
ADMIXTURES
A.
Air Entrainment: ASTM C260.
B.
Chemical: ASTM C494, Type A - Water Reducing; Type B - Retarding; Type C - Accelerating;
Type D - Water Reducing and Retarding; Type E - Water Reducing and Accelerating; Type F -
Water Reducing, High Range; Type G - Water Reducing, High Range and Retarding admixture;
as required to facilitate field conditions.
2.3
ACCESSORIES
A.
Bonding Agent.
B.
Hardener - Sonneborn Lapidolith or equal
C.
Surface Coating - Sonnebom Sonnocrete or equal.
D.
Rust Neutralizer.
CAST -IN -PLACE CONCRETE 03300 - 2
E.
_ Epoxy Grout.
F.
Color Pigments.
2.4
JOINT DEVICES AND FILLER MATERIALS
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1:
A.
Joint Filler: ASTM D1751; Asphalt impregnated fiberboard or felt, 1/2 inch thick.
2.5
CONCRETE MIX
A.
Mix concrete in accordance with ACI 304. Deliver concrete in accordance with ASTM C94.
B.
Select proportions for normal weight concrete in accordance with ACI 301 Method 1. Mix design
to be approved by Architect prior to start of concrete operations.
C.
Provide concrete to the following criteria:
1. Compressive Strength (7 days): 2,200 psi.
2. Compressive Strength (28 days): 3,000 psi.
t
3. Slump: 3 to 5 inches maximum.
4. Air Content: 3 to 6 percent.
D.
Use accelerating admixtures in cold weather only when approved by Architect. Use of admixtures
will not relax cold weather placement requirements.
E.
Use set retarding admixtures during hot weather only when approved by Architect.
1
F.
Add air entraining agent to normal weight concrete mix for all concrete work.
PART 3
EXECUTION
-
3.1
EXAMINATION
A.
Verify site conditions under provisions of Division 1.
B.
Verify requirements for concrete cover over reinforcement.
C.
Verify that anchors, seats, plates, reinforcement, utility stub -outs and other items to be cast into
concrete are accurately placed, positioned securely, and will not cause hardship in placing
concrete.
3.2
PREPARATION
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A.
Prepare previously placed concrete by cleaning with steel brush and applying bonding agent in
ti
accordance with manufacturer's instructions.
B.
In locations where new concrete is dowelled to existing work, drill holes in existing concrete,
insert steel dowels and pack solid with non -shrink grout.
F
CAST -IN -PLACE CONCRETE 03300 - 3
3.3 PLACING CONCRETE
A. Place concrete in accordance with ACI 301.
B. Notify Architect minimum 24 hours prior to commencement of operations.
C. Ensure reinforcement, inserts, embedded parts, formed joint fillers and utility stub -outs are not
disturbed during concrete placement.
D. Separate slabs on grade from vertical surfaces with 1/2 inch thick joint filler.
E. Extend joint filler from bottom of slab to within 1/4 inch of finished slab surface. Conform to
Section 07900 for finish joint sealer requirements.
F. Install joint devices in accordance with manufacturer's instructions.
G. Place concrete continuously between predetermined expansion, control; and construction joints.
H. Do not interrupt successive placement; do not permit cold joints to occur.
I. Screed floors and slabs on grade level, maintaining surfaces flatness of maximum 1/4 inch in 10
feet.
3.4 CONCRETE FINISHING
A. Provide formed concrete surfaces to be left exposed with smooth rubbed finish.
B. Finish concrete floor surfaces in accordance with ACI 301.
C. Steel trowel flat surfaces which are to be exposed. Sidewalks and ramps to receive a scored
surface produced by brooming with a fiber -bristle brush in a direction transverse to that of the
traffic.
D. All pool and fountain surfaces are to have a light sand texture finish prior to painting.
3.5 CURING AND PROTECTION
A. Immediately after placement, protect concrete from premature drying, excessively hot or cold
temperatures, and mechanical injury.
B. Maintain concrete with minimal moisture loss at relatively constant temperature for period
necessary for hydration of cement and hardening of concrete.
C. Cure floor surfaces in accordance with Manufacturer's instructions for membrane forming curing
compound. Apply two coats by pressure sprayer at a coverage of approximately 200 square feet
per gallon for each coat. Second coat to be applied at right angle to direction of application of
first coat.
3.6 FIELD QUALITY CONTROL
A. Field inspection and testing will be performed in accordance with ACI 301 and under provisions
of Division 1.
CAST -IN -PLACE CONCRETE 03300 - 4
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B.
Provide free access to work and cooperate with appointed firm.
C.
Tests of cement and aggregates may be performed to ensure conformance with specified
I
II
requirements.
M I
D.
Three concrete test cylinders will be taken for every 75 cubic yards or less.
E.
One slump test will be taken for each set of test cylinders taken.
3.7 PATCHING
A.
Allow Architect to inspect concrete surfaces immediately upon removal of forms.
7
B.
Excessive honeycomb or embedded debris in concrete is not acceptable. Notify Architect upon
discovery.
C.
Patch imperfections as directed.
D.
Fill holes, cracks, etc. in existing concrete flush with adjacent surface.
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E.
Neutralize all rust on steel reinforcement, prior to covering with new concrete material.
3.8 DEFECTIVE CONCRETE
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A.
Defective Concrete: Concrete not conforming to required lines, details, dimensions, tolerances
'
or specified requirements.
B.
Repair or replacement of defective concrete will be determined by the Architect.
C.
Do not patch, fill, touch-up, repair, or replace exposed concrete except upon express direction of
Architect for each individual area.
3.9 SCHEDULE - CONCRETE TYPES AND FINISHES
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A.
Exposed Vertical Surfaces: 3,000 psi 28 day concrete, form finish with honeycomb filled and
'
smooth rubbed surface.
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B.
Floors: 3,000 psi 28 day concrete, troweled finish.
C.
Sidewalks and Ramps: 3,000 psi 28 day concrete, troweled and light broom finish.
`
1
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D.
Exposed Aggregate Finish: 3,000 psi 28 day concrete. Apply exposed aggregate finish as
follows:
1. Apply exposed aggregate immediately after the surface of the concrete has been leveled
to the required tolerance and set sufficiently to show no surface water.
2. Aggregate selected to match size and color of existing exposed aggregate sections shall
be spread over the surface to provide complete coverage to the depth of a single stone.
CAST -IN -PLACE CONCRETE 03300 - 5
_ 3. The spread of selected aggregate shall be embedded into the surface by light tamping and
the surface shall be floated until the embedded stone is fully coated with mortar and the
surface has been brought to true planes. Exposure of the aggregate shall start after the
matrix has hardened sufficiently to prevent dislodgement of the aggregate. Water, in
copious quantities but without force, shall be allowed to flow over the surface of the
concrete while the matrix encasing the selected aggregate is removed by brushing with
a fine bristly brush. This operation shall continue until the selected aggregate is
uniformly exposed but not dislodged.
4. An approved chemical retarder sprayed onto the freshly floated surface may be used to
extend the working time for exposure of aggregate.
4.0 SURFACE COATING
A. Rub all imperfections from surface, clean and prepare for surface coating per manufacturer's
instructions.
B. Apply coating to all existing vertical and horizontal surfaces as required to achieve a uniform,
smooth surface, ready to receive the new finish.
END OF SECTION
k
CAST -IN -PLACE CONCRETE 03300 - 6
SECTION 05500
METAL FABRICATIONS
PART1 GENERAL
1.1 RELATED DOCUMENTS
A. The Drawings, General Conditions, Supplementary General Conditions apply to work of this
Section.
1.2 SECTION INCLUDES
A. Shop fabricated ferrous metal.
1.3 PRODUCTS FURNISHED BUT NOT INSTALLED UNDER THIS SECTION
A. Section 03300 - Cast -In -Place, Concrete: Placement of metal fabrications in concrete.
1.4 RELATED SECTIONS
A. Section 09900 - Painting: Paint finish.
1.5 REFERENCES
A. ASTM A36 - Structural Steel.
B. ASTM A283 - Carbon Steel Plates, Shapes, and Bars.
C. ASTM A307 - Carbon Steel Externally Threaded Standard Fasteners.
D. AWS A2.0 - Standard Welding Symbols.
E. AWS D 1.1- Structural Welding Code.
1.6 SUBMITTALS
A. Submit under provisions of Section 01340.
B. Shop Drawings: Indicate profiles, sizes, connection attachments, reinforcing, anchorage, size and
type of fasteners, and accessories. Include erection drawings, elevations, and details where
applicable.
C. Indicate welded connections using standard AWS A2.0 welding symbols. indicate net weld
lengths.
1.7 FIELD MEASUREMENTS
A. Verify that field measurements are as indicated on shop drawings.
METAL FABRICATION
OS500 - 1
1.8 SEQUENCING
A. Inserts and Anchorage: Furnish inserts and anchoring devices which must be set in concrete for
installation of miscellaneous metal work. Provide setting drawings, templates, instructions and
directions for installation of anchorage devices. Coordinate delivery with other work to avoid
delay.
PART 2 PRODUCTS
2.1 MATERIALS
A. Steel Sections: ASTM A36.
B. Plates: ASTM A283.
C. Bolts, Nuts, and Washers: ASTM A325.
D. Welding Materials: AWS D1.1; type required for materials being welded.
E. Shop and Touch -Up Primer: SSPC 15, Type 1, red oxide.
2.2 FABRICATION
A. Fit and shop assemble in largest practical sections, for delivery to site.
B. Fabricate items with joints tightly fitted and secured.
C. Seal joined members by intermittent welds.
D. Grind exposed joints flush and smooth with adjacent finish surface. Make exposed joints butt
tight, flush, and hairline. Ease exposed edges to small uniform radius.
E. Exposed Mechanical Fastenings: Flush countersunk screws or bolts; unobtrusively located;
consistent with design of component, except where specifically noted otherwise.
F. Supply components required for anchorage of fabrications. Fabricate anchors and related
components of same material and finish as fabrication, except where specifically noted otherwise.
2.3 FINISHES
A. Clean surfaces of rust, scale, grease, and foreign matter prior to finishing. i
B. Do not prime surfaces in direct contact with concrete or where field welding is required.
C. Prime paint items with two coats.
METAL FABRICATION 05500 - 2
PART 3 EXECUTION
3.1 EXAMINATION
A. Verify that field conditions are acceptable and are ready to receive work.
B. Beginning of installation means erector accepts existing conditions.
3.2 PREPARATION
A. Clean and strip primed steel items to bare metal where site welding is required.
B. Supply items required to be cast into concrete or embedded in masonry with setting templates, to
appropriate sections.
3.3 INSTALLATION
A. Install items plumb and level, accurately fitted, free from distortion or defects.
B. Allow for erection loads, and for sufficient temporary bracing to maintain true alignment until
completion of erection and installation of permanent attachments.
C. Field weld components indicated on shop drawings.
D. Obtain Architect's approval prior to site cutting or making adjustments not scheduled.
3.4 ERECTION TOLERANCES
A. Maximum Offset From True Alignment: 114 inch per 10 feet.
3.5 SCHEDULE
A. Refer to Drawing details for items.
END OF SECTION
i
METAL FABRICATION 05500 - 3
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rfm
SECTION 07900
JOINT SEALERS
PART GENERAL
1.1 RELATED DOCUMENTS
A. The Drawings, General Conditions, Supplementary General Conditions apply to the work in this
Section.
1.2 SECTION INCLUDES
A. Preparing sealant substrate surfaces.
B. Sealant and backing.
1.3 RELATED SECTIONS
A. Section 03300 - Cast -in -Place Concrete: Sealants used in conjunction with concrete.
1.4 REFERENCES
A. ANSI/ASTM D1056 - Flexible Cellular Materials - Sponge or Expanded Rubber.
B. ANSI/ASTM D1565 - Flexible Cellular Materials - Vinyl Chloride Polymers and Copolymers
(Open -Cell Foam).
C. FS T17-S-00230 - Sealing Compound: Elastomeric Type, Single Component.
1.5 SUBMITTALS
A. Submit product data under provisions of Section 01300.
B. Submit product data indicating sealant chemical characteristics, performance criteria, limitations,
and color availability.
C. Submit manufacturer's installation instructions under provisions of Section 01300.
D. Submit manufacturer's certificate under provisions of Section 01400 that products meet or exceed
specified requirements.
1.6 QUALITY ASSURANCE
A. Manufacturer: company specializing in manufacturing the products specified in this section with
minimum three years documented experience.
1.7 ENVIRONMENTAL REQUIREMENTS
A. Maintain temperature and humidity recommended by the sealant manufacturer during and after
installation.
JOINT SEALERS 07900 - 1
1.8 SEQUENCING AND SCHEDULING
A.
Coordinate the work of this section with all section referencing this section. —
PART 2
PRODUCTS
2.1 ACCEPTABLE MANUFACTURERS
A.
Pecos Chemical Corporation.
B.
Sonneborn Building Products.
C.
W.R. Grace and Company _
D.
Substitutions: In accordance with Section 01600.
2.2 MATERIALS
A. Polyurethane
1. One -part conforming to FS TT-S000230C, Class A, Type I.
2. Color. As selected by Architect.
3. Acceptable products:
a. Sonolastic SL1.
b. Pecora NE-201 Urexpan.
2.3 ACCESSORIES
A. Primer. Non -staining type, recommended by sealant manufacturer to suit application.
B. Joint Cleaner: Non -corrosive and non -staining type, recommended by sealant manufacturer; _
compatible with joint forming materials.
C. Joint Backing: ANSI/ASTM D1056; D1565; round, closed cell polyethylene or polyurethane
foam rod; oversized 30 to 50 percent larger than joint width.
D. Bond Breaker: Pressure sensitive tape recommended by sealant manufacturer to suit application.
E. Sealant Tape: Compressible adhesive -cohesive tape of cross -linked butyl poly-isobutylene rubber
that accommodates variations and movement, sized as necessary to allow for joint movement of
plus or minus 25 %. t
PART 3 EXECUTION
3.1 EXAMINATION
A. Verify that surfaces and joint openings are ready to receive work and field measurements are
shown on drawings and recommended by the manufacturer.
B. Beginning of installation means installer accepts existing substrate.
JOINT SEALERS 07900 - 2
77
3.2 PREPARATION
A. Clean and prime joints in accordance with manufacturer's instructions.
B. Remove loose materials and foreign matter which might impair adhesion of sealant.
C. Verify that joint backing and release tapes are compatible with sealant.
3.3 INSTALLATION
A. Install sealant in accordance with manufacturer's instructions.
B. Measure joint dimensions and size materials to achieve required width/depth ratios.
C. Install joint backing to achieve a neck dimension no greater than 1/3 the joint width.
D. Install bond breaker where joint backing is not used.
E. Apply sealant within recommended application temperature ranges. Consult manufacturer when
sealant cannot be applied within these temperature ranges.
F. Install sealant free of air pockets, foreign embedded matter, ridges, and sags.
G. Tool joints concave.
3.4 CLEANING AND REPAIRING
A. Clean work under provisions of Section 01700.
B. Clean adjacent soiled surfaces.
C. Repair or replace defaced or disfigured finishes caused by work of this section.
3.5 PROTECTION OF FIMSHED WORK
A. Protect finished installation under provisions of Section 01500.
B. Protect sealants until cured.
END OF SECTION
JOINT SEALERS 07900 - 3
(THIS PAGE LEFT BLANK INTENTIONALLY)
SECTION 09900
PAINTING
PARTI GENERAL
1.1 RELATED DOCUMENTS
A. The Drawings, General Provisions including General Conditions, Supplementary General
Conditions and Division, I - General Requirements apply to the work of this Section.
1.2 WORK INCLUDED
A. Surface preparation.
B. Surface finish schedule.
1.3 RELATED WORK
A. Section 02514 - Portland Cement concrete paving - Pavement Marking.
B. Section 05500 - Metal Fabrications: Shop primed items
1.4 REFERENCES
A. ANSI/ASTM D16 - Definitions of Terms Relating to Paint, Varnish, Laquer, and Related
Products.
1.5 QUALITY ASSURANCE
A. Product Manufacturer: Company specializing in manufacturing quality paint and finish products
with five years experience.
B. Applicator: Company specializing in commercial painting and finishing with three years
documented experience.
1.6 SUBMITTALS
A. Submit samples under provisions of Section 01340.
B. Submit two samples 6 x 6 inch in size illustrating range of colors and textures available for the
surface finishing.
C. Submit manufacturer's product data and application instructions under provisions of Section01340.
1.7 FIELD SAMPLES
A. Provide one field sample panel, 12 inches long by 12 inches wide, illustrating special texture, and
finish.
B. Accepted sample may not remain as part of the Work.
PAINTING 09900-1
1.8 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. Deliver products to site in sealed and labelled containers; inspect to verify acceptance. _
D. Container labelling to include manufacturer's name, type of paint, brand name, brand code,
coverage, surface preparation, drying time, cleanup, color designation, and instructions for miming and reducing.
E. Store paint materials at minimum ambient temperature of 45 degrees F (7 degrees C) and a _
maximum of 90 degrees F (32 degrees C), in well ventilated area, unless required otherwise by
manufacturer's instructions.
F. Take precautionary measures to prevent fire hazards and spontaneous combustion.
1.9 ENVIRONMENTAL REQUIREMENTS
A. Provide continuous ventilation and heating facilities to maintain surface and ambient temperatures
above 55 degrees F for 24 hours before, during, and 48 hours after application of finishes, unless
required otherwise by manufacturer's instructions.
B. Do not apply exterior coatings during rain or snow, or when relative humidity is above 50
percent, unless required otherwise by manufacturer's instructions.
1.10 EXTRA STOCK
A. Provide two gallon containers of each color and surface texture to Owner.
B. Label each container with color, texture, and location in addition to the manufacturer's label.
PART 2 PRODUCTS
2.1 ACCEPTABLE MANUFACTURERS - PAINT
A. Glidden Coatings and Resins Division of SCM Corporation.
B. PPG Industries, Inc. Coatings and Resins Division.
C. Kelly -Moore Paint Co., Inc.
D. Coronado Paint Company.
E. Substitutions: Under provisions of Section 01600.
2.2 MATERIALS
A. Coatings: Ready mixed, except field catalysed coatings. Process pigments to a soft paste
consistency, capable of being readily and uniformly dispersed to a homogeneous coating.
PAINTING 09900 - 2
B. . Coatings: Good flow and brushing properties; capable of drying or curing free of streaks or sags.
C. Accessory Materials: Linseed oil, shellac, turpentine, paint thinners and other materials not
specifically indicated but required to achieve the finishes specified, of commercial quality.
2.3 FINISHES
A. Surfaces to receive a paint finish shall be uniform and smooth, all irregularities greater than 1/16
inch are to be removed.
B. Refer to schedule at end of Section for surface finish schedule.
PART 3 EXECUTION
3.1 INSPECTION
A. Verify that surfaces are ready to receive work as instructed by the product manufacturer.
B. Examine surfaces scheduled to be finished prior to commencement of work. Report any condition
that may potentially affect proper application.
C. Measure moisture content of surfaces using an electronic moisture meter. Report any condition
that may potentially affect proper application.
1. Masonry, Concrete, and Concrete Unit Masonry: 12 percent.
D. Beginning of installation means acceptance of existing surfaces.
3.2 PREPARATION
A. Remove electrical plates, hardware, light fixture trim, and fittings prior to preparing surfaces or
finishing.
B. Correct minor defects and clean surfaces which affect work of this Section.
C. Impervious Surfaces: Remove mildew by scrubbing with solution of tri-sodium phosphate and
bleach. Rinse with clean water and allow surface to dry.
D. Galvanized Surfaces: Remove surface contamination and oils and wash with solvent. Apply coat
of etching primer.
I
E. Concrete and Unit Masonry Surfaces Scheduled to Receive Paint Finish: Remove dirt, loose
mortar, scale, salt or alkali powder, and other foreign matter. Remove oil and grease with a
solution of tri-sodium phosphate; rinse well and allow to dry. Remove stains caused by
weathering of corroding metals with a solution of sodium metasilicate, after thoroughly wetting
with water. Allow to dry.
F. Uncoated Steel and Iron Surfaces: Remove grease, scale, dirt and rust. Where heavy coatings
of scale are evident, remove by wire brushing or sandblasting; clean by washing with solvent.
Apply a treatment of phosphoric acid solution, ensuring weld joints, bolts, and nuts are similarly
cleaned. Spot prime paint after repairs.
PAINTING 09900 - 3
G. Shop Primed Steel Surfaces: Sand and scrape to remove loose primer and rust. Feather edges
to make touch-up patches inconspicuous. Clean surfaces with solvent. Prime bare steel surfaces.
Prime metal items including shop primed items. -.
H. Concrete Paving Scheduled to Receive Paint Finish: Remove foreign particles to permit adhesion
of finishing materials.
3.3 PROTECTION
A. Protect elements surrounding the work of this Section from damage or disfiguration. —
B. Repair damage to other surfaces caused by work of this Section.
C. Furnish drop cloths, shields and protective methods to prevent spray or droppings from disfiguring
other surfaces.
D. Remove empty paint containers from site.
3.4 APPLICATION
A. Apply products in accordance with manufacturer's instructions.
B. Do not apply finishes to surfaces that are not dry.
C. Apply each coat to uniform finish.
D. Apply each coat of paint slightly darker than proceeding coat unless otherwise approved.
E. Sand lightly between coats to achieve required finish.
F. Allow applied coat to dry before next coat is applied.
3.5 CLEANING
A. As Work proceeds, promptly remove paint where spilled, splashed, or spattered.
B. During progress of Work maintain premises free of unnecessary accumulation of tools, equipment,
surplus materials, and debris.
C. Collect cotton waste, cloths, and material which may constitute a fire hazard, place in closed metal
containers and remove daily from site.
3.6 SCHEDULE - SHOP PRIMED ITEMS FOR SITE FINISHING
A. Metal Fabrications (Section 05500): Steel Bollards; Steel Grates; Railing.
3.7 SCHEDULE - OF PAINTING
A. A fountain painting scheme will be provided to the Contractor after paint submittals have been
approved. Contractor shall be prepared to install a paint scheme that includes no more than three
different colors.
PAINTING 09900 - 4
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1
B. The kinds and brands of paint and number of coats required on the various surfaces shall be those
listed below. The types of paint are identified with Pittsburg Paint numbers to establish a level
of comparison, other manufacturers may be submitted for approval.
C. Exterior and Interior Metal:
1. First Coat: PPG 6-6 Speedhide enamel undercoat
2. Second Coat: PPG 6-252 Series Speedhide gloss enamel
3. Third Coat: PPG 6-252 Series Speedhide gloss enamel
D. Galvanized Metal
1. First Coat: PPG 6-209 galvanized steel primer
2. Second Coat: PPG 6-252 Series Speedhide gloss enamel
3. Third Coat: PPG 6-252 Speedhide gloss enamel
E. Concrete Pavement
1. First Coat: PPG Traffic & Zone Marking Paint, 1L Line yellow unless noted otherwise.
F. Concrete Fountains
1. First coat: Coronado 101-A series, 101-B series.
2. Second coat: Coronado 101-A series, 101-252B High Build Epoxy.
3. Third coat: Coronado 101-A series, 101-B series.
END OF SECTION
C
PAINTING 09900 - 5
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SPECIAL CONDITIONS
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-44.
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MEN % -
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
tl
Brown -McKee, Inc.
P.O. Box 3279
i Lubbock, TX 79452-3279
August 21, 1992
Office of
Purchasing
SUBJECT: Concrete &Fountain Repairs @ Lubbock Memorial Civic Center
The City of Lubbock, having considered the proposals submitted and
opened on the 19th day of June, 1992, for work to be done and materials
to be furnished in and for:
City of Lubbock Bid # 12058
CONCRETE & FOUNTAIN REPAIRS @ LUBBOCK MEMORIAL CIVIC CENTER
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 August 13, 1992, at the bid
price contained
therein, subject to the
execution of and furnishing
of all other
documents specified and
required to be executed and
furnished under the
?'
contract documents. It
will be necessary for you to
execute and furnish
to the City of Lubbock
all such documents within ten
(10) days from your
receipt of this Notice.
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 retained by the City of
Lubbock.
CITY OF LUBBOCK
Gene Eads, C.M.
Purchasing Manager