HomeMy WebLinkAboutResolution - 4624 - Contract - Quicksilver Contruction - LMCC Banquet Hall Partition Replacement - 10_13_1994Resolution No. 4624
October 13, 1994
Item #22
RESOLUTION
BE IT RESOLVED BY TBE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and Quicksilver Construction of Lubbock, Texas, to furnish and
install all materials as bid for the Lubbock Memorial Civic Center Banquet Hall Partition
Replacement, which contract is attached hereto, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day of October 1994.
ATTEST:
Betty M. Uohnson, ty Secretary
APPROVED AS TO CONTENT:
� �'J'- �Ll� ti
Victor Kilm n, Purchasing Manager
AS TO
Assistant City Attorney
DGV:dpl0:kcdo=U MOC.Res
October 4. 1"4
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CITY OF LUBBOCK
SPECIFICATIONS FOR
CIVIC CENTER BANQUET HALL
PARTITION REPLACEMENT
BID #13045
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CITY OF LUBBOCK
Lubbock, Texas
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` � Office of
// Purchasing
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
MAILED TO VENDOR: August 24,1994
CLOSE DATE: September 14,1994 at 2:00 p.m.
BID #13045 - CIVIC CENTER BANQUET HALL PARTITION REPLACEMENT
ADDENDUM # 1
Please modify or amend Contract Documents as follows:
1. General Conditions of the Agreement: Paragraph 28 - Contractor's Insurance; Item F:
The attached two (2) sheets are hereby incorporated into and become part of the
aforementioned section of the contract documents for this project.
All requests for additional information or clarification concerning this bid should be submitted in writing
and directed to Ron Shuffield, Senior Buyer.
TYOU,
ffield
Senior Buyer
PLEASE RETURN ONE COPY WITH YOUR BID
' I I
WORKERS' COMPENSATION INSURANCE COVERAGE
A. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage
agreement MVCC-81, TWCC-82.11VCC•83, or TtiVCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employe
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed
r" accepted by the governmental entity.
` Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employ
This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering
i" equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, su
as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
rB. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which mee
the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of thg
project.
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C. The Contractor ntust provide a certificate of coverage to the governmental entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of &
r coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.
1: The contractor shall obtain from each person providing services on the project, and provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have kno
of any change that materially affects the provision of coverage of any person providing services on the project.
If. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
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1. The contractor shall contractually require each person with whom it contracts to provide services on the project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.01](44) for all of its employees providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project. a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown c
the current certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor:
(a) a certificate of coverage, prior to the other person beginning work on the project; and
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(b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
r (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change
p that materially affects the provision of coverage of any person providing services on the project; and
111 (7) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7). with the certificates of coverage to be provided to I
r. person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employ
of the contractor who will provide services on the project will be covered by workers's compensation coverage for the duration of the project, that the coverage 1
�., be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or,
the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subjectthe contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
I
K- The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.
A CO%7RACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and
payroll amounts and filling of any coverage agreements:
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage peri
shown on the contractor's current certificate of coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage
showing coverage for all persons providing services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period sho^
on the current certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any ch:
that materially affects the provision of coverage of auy person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person ma —
verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other comet
sion rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the
worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or
changes:
REQUIRED WORKERS'COMPENSATION COVERAGE
"Tire law requires that each person working on this site or providing services related to this construction project must be covered by
workers' compensation insurance. This includes persotss providing, hauling, or delivering equipment and materials, or providing labor or
transportation or other service related to the project, regardless of the identity of their employer or status as an employee."
••Call the Texas Workers' Compensation Commission at 512/440-3789 to receive Information on the legal requirement for
coverage, to verify whether your employer has provided the required coverage, or to report an employer's !allure to provide
coverage."
and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its
employees providing services on the project, for the duration of the project; .--
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage pe
shown on the current certificate of coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, anew certificate of coverage showing extension of the coverage period, if the coverage peri
shown on the current certificate of coverage ends during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(0) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of .y
change that materially affects the provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverageln
be provided to the person for whom they are providing services.
• CONTRACTOR CHECKLIST
ACONTRACTORSHALL:
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(I) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes
and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period
shown on the contractor's current certificate of coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showin
coverage for all persons providing services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on th
current certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any chang,
that materially affects the provision of coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may
verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commis-
sion rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the
s worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or
changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must be covered by workers'
compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation
or other service related to the project, regardless of the identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at SZ21440-3789 to receive information on the legal requirement for coverage, to verify
whether your employer has provided the required coverage, or to report an employer's failure to provide coverage."
and
(9) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees
providing services on the project, for the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project, and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the project:
(F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - 00, with the certificate of coverage to be
provided to the person for whom they are providing services.
CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: CIVIC CENTER BANQUET HALL PARTITION REPLACEMENT
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13045
PROJECT NUMBER: 9940.9211
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
1.
NOTICE TO BIDDERS
2.
GENERAL INSTRUCTIONS TO BIDDERS
3.
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
4.
PAYMENT BOND
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5.
PERFORMANCE BOND
6.
CERTIFICATE OF INSURANCE
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7.
CONTRACT
8.
GENERAL CONDITIONS OF THE AGREEMENT
9.
CURRENT WAGE DETERMINATIONS
F
10.
SPECIFICATIONS
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11.
SPECIAL CONDITIONS
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12.
NOTICE OF ACCEPTANCE
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID #13045
Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the
Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 14th day
of September,1994, 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:
CIVIC CENTER BANQUET HALL PARTITION REPLACEMENT
! After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer 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 Purchasing Manager for the City of
Lubbock, prior to the expiration of the date above first written.
it The City of Lubbock will consider the bids on the 22nd day of September,1994, at the Municipal Building, 1625 13th
Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive
any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article
PM 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, Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to
in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the
requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
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The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement,
minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. —
There will be a pre -bid conference on 7th day of September,1994, at 10:00 o'clock a.m., in the Civic Center Hospitality
Suite, 1501 6th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting.
C OF LUBEPCK
iON SHUFFIELD
SENIOR BUYER
POW
ADVERTISEMENT FOR BIDS
BID #13045
Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department, City of Lubbock, Texas, will be received at
the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the
14th day of September, 1994, 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:
CIVIC CENTER BANQUET HALL PARTITION REPLACEMENT
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and
publicly read aloud.
The plans, specifications, bid 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, disability, or national origin in consideration for an award.
There will be a prebid conference on the 7th day of September, 1994, at 10:00 a.m., in the Civic Center Hospitality Suite,
1501 6th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting.
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GENERAL INSTRUCTIONS TO BIDDERS
PM
GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
project in accordance with contract documents for the Civic Center Banquet Hall Partition Replacement.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
r. 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
FOR 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 120 (One Hundred Twenty) calendar
days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the
progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take
such action as the City deems necessary to insure completion of the project within the time specified.
PAYIv1ENT
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 protecting them adequately until incorporated into the
project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full
responsibility of complying with this provision. The specifications for materials and methods set forth in the contract
r documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.
0.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which
shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature
whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work
as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
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 directly to the Contractor. The
Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for
proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the
work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its
certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar,nature to the one covered.by the 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.
II. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04
of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the time of purchase.
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 construction of the project contemplated by these
contract documents. The City of Lubbock agrees that it will furnish Contractor the location of (i11 such underground lines
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work
contemplated by this contract shall be repaired immediately by; Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take
such other precautionary measures for the protection of persons, property and the work as may be necessary. The
Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and
when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost
and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date
of issuance to Contractor of City's certificate of acceptance of the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City.
In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for
all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
r 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
r" site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable
F . the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however,
shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the work is in
progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number
where such local representative may be reached during the time that the work contemplated by this contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these
contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of
general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the
requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
r
(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 deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The
Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each
laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is
paid less than the wages assigned to his 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 increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder
without being considered.
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, distinctly and legibly, or typewritten. In case of
discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If
the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is
submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal
signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a
company or corporation, the company or corporate name and business address must be given, and the proposal signed by an
official or duly.authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly
certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the
outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
21.
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.
BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
M General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by
reference into the aforementioned contract documents.
FM
BID PROPOSAL
II
BID PROPOSAL
LUMP SUM PROPOSAL CONTRACT
PLACE: Lubbock, Texas
DATE: September 14, 1994
PROJECT NUMBER: # 13 0 4 5
Proposalof King Consultants Inc. dba Quicksilver Construc�lcqgnaftcrcalled Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation forbids for the construction of a Civic Center Banquet Hall
Partition Replacement
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the proposed work, and being familiar with all of the conditions surrounding 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, specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents.
zM
SER
TOT
rERIALS:
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
Proceed" of the Owner and to fully complete the project within 120 (One Hundred Twenty) 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
S100.00 (ONE HUNDRED DOLLARS) for each calendar day in excess of the time set forth hercinabove 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 instruction
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.
r
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
' y before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
Bidders arc required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as
a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of
the contract to him.
Enc osed with this proposal is a Cashier's Check or Certified Check for /
Dollars (S or a Proposal Bond in the sumo e, 4uaSdred Dollars (SZSvo. off,
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 contract documents
made available to him for his inspection in accordance with the Notice to Bidders.
King Consultants Inc. dba
Quicksilver Construction
Contractor
BY:
LoydG Castle, Vice —President
1205 E. 46th St., Lubbock, TX 79404
(Seal if Bidder is a Corporation)
ATTEST: i
Glenda King
t. .
LIST OF SUBCONTRACTORS
t
M Minority Owncd
7 1 Yes No
1. oc�
7 2. — —
3.
4 4. — —
6,
6.
5.
r 7.
8.
r� 9.
10.
I
t
i.
►r
1
i
FM
SONG NO. GE5639341
BID OR PROPOSAL BOND
r
t:
KNOW ALL MEN BY THESE PRESENTS, :hat we
King Consultants, Inc. dba Quicksilver Construction
as PRINCIPAL, (hereinafter tailed the Principal), and Gulf Insurance Company
a corporation duly organized under the laws Of Missouri and authorized to transact
a general surety business in the State of TX as SURETY, (hereinafter called the Surety), are held firmly bound unto:
City of Lubbock
as OBLIGEE, (hereinafter called the Obligee), in the ram equal to 5 . of the accompanying bid of the Principal, not,
however, in excess of SEVEN THOUSAND FIVE HUNDRED AND NO/100-------- dollars,
jS 7, 500. 00 ), 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, sued =rs and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS 06LIGATION IS SUCH, That,•waereas.thePrincipal has submitted.orisaboyt;osrbmit to the
Obligee a proposal or bid, dated on or about the date mentipned be;ow�foc.(111the-periormance of the designated work, or
(2) the fumishing of the specified goods, supplies or products,ti`swit:..:-
Civic Center.Banquet Hall Partitriop Raplagemeht=laid #13045- '
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-ccntract 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 rase 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.
PROVIOED, 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.
P ROV I DED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Cartified Copy
of a Power of Attorney authorizing the undersigned Attorey4n-Far, 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 14th day of September 19 94 _
King Consu ts, Inc. d1ga Quicksilver Const
BY
Principal
—
Laura E pinc za Attorney -in -Fact
F.
F
, i I
GUSRCSRNY NOKAASITY, MISOUII BOND
POWER OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE
SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE
SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN
CONJUNCTION WITH THE ORIGINAL.
KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com-
,any, a corporation duly organized under the laws of the State of Missouri, having
it,
principal office in the city of Irving, Texas, pursuant to the following resolution,
adopted by the Finance & Executive Committee of the Board of Directors of the said
Company on the loth day of August, 1993, to wit:
"RESOLVED, that the President, Executive Vice President or any Senior Vice
President of the Company shall have authority to snake, execute and deliver a Power
of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as
may be selected from time to time; and any such Attorney -in -fact may be removed
and the authority granted him revoked by the President, or any Executive Vice
President, or any Senior Vice President, or by the Board of Directors or by the
Finance and Executive Committee of the Board of Directors.
RESOLVED, that nothing in this Power of Attorney shall be construed as a gram
of authority to the attorney(s}in-fact to sign, execute, acknowledge, deliver or other-
wise issue a policy or policies of insurance on behalf of Gulf Insurance Company.
RESOLVED, that the signature of the President, Executive Vice President or
any Senior Vice 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 and
documents relating to such bonds to which they are attached."
Gulf Insurance Company does hereby make, constitute and appoint
Laura Espinoza
GE
PRINCIPAL: NAME, ADDRESS
CITY, STATE, ZIP
King Consultants, Inc. tba
Quicksilver Construction
1205 E. 46th
Lubbock, Tx 79404
EFFECTIVE DATE
9-14-94
CONTRACT AMOUNT
$ 150,000.00
BOND AMOUNT
$ 7,500.00
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, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,
undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of
said attorney(s)-in-fact, pursuant to the authority herein given, arc hereby ratified and confirmed.
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and Its Corporate Seal to
be hereto affixed.
.�SVFtANCt °o GULF INSURANCE COMPANY
SEAL
Missolo
STATE OF NEW YORK ) Christopher E. Watson
SS President
COUNTY OF NEW YORK )
On this 1st day of February, 1994 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and
say; that he resides In the County of Westchester, State of New York; that he Is the President of the Gulf Insurance 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.
ID
Y
David Jaffa
No.24-4958634
STATE OF NEW YORK ) Qualified In Kings County
) SS Comm. Expires November 13, 1"5
COUNTY OF NEW YORK )
I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and
attached POWER OF ATTORNEY remains In full force.
8V JkANCF
off'
Signed and Sealed at the City of New York.
v OPPDRgr�
I
SEAL
4•�sS013
Dated the 14t1i day of Septe'nber , 19 94
Lawrence P. Miniter
Senior Vice President
2
O
a
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
(McGREGOR ACT — PUBLIC WORKS)
(Penalty of this Bond must be 100 a of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That King Consul t-ant-G, Tnc-- rlha OdcksiIuer rnncf-r1i tion
(hereinafter called the Principal), as Principal, and Gulf Insurance Company
(hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Lubbock
(hereinafter called the Obligee), in the amount of SEVENTY—SEVEN THOUSAND SEV0 HUNDRED SEVENTY—
SEVEN AND NO/ 100----- DOLLARS (S 77. 777.00 ) for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 13th
day of October 19 94_. , to
Bid #13045-Civic Center Banquet Hall Partition Replacement
which contract is hereby referred to and mode a part hereof as fully and to the some extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in
said contract, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities an
this bond shall be determined in accordance with the provisions of said article to the some extent as if it were
copied at length herein.
IN WITNESS WHEREOF, t;+e said Principal and Surety have signed and sealed this instrument this
r- day of October 19 94
BOND CHECK
BEST RATING
j� LICENSED IN TEXAS
IIATF /o ?71fy;IV ry'
PM
6
King Consulta,prtsr nc. dba Quicksilver Constructio
G
Principal
7
BOU-2838A Ed. 2187 (Texas)
By ':�& Z� �Arrorney-in.Fact
Laura Esp noz
GIJLP INSURANCE COMIPANY
KANSAS CITY, MISSOURI
POWER OF Al"FORNEY
ORIGINALS OF THIS POWER OF AI-FORNEY ARM: 11RINTIA) ON ttLUE
SA11`71' PAPF'1it ism TEAL INK. DUPLICATES SI)AI.1. IIAVI-' THE
SAIME FOR(.'1; AND 1EFFF,CT AS AN ORI(:INA1. ONL1' 1fiTEN 1`Si'.l•.1) IN
CON -,JUNCTION WITH 'TlIE, ORiCINAL.
KNONVN ALL MEN ]lY riwsr- )'tESI;NTS: 'I'ha1 the (iult limmince Omi
party• a corporation duty organized under the laws ol' the State of kli%souri, havim!
its principal office it) the city of Irving. Texas. pursuant In the following resolution,
:u!oPted by the Finance Rt Executive Commitive of the flit: rd of f)irecuir.. rd the yard
r Comm,mly nu the tl)th Jay of August, 1991, to wit:
"WiSf)1.VIA), than the President, Executive Vice President .rr am, Seninr Vive
l'resi(Icnt of the. Company shall have authority to make, execute and deliver a Power
of Allornev conmoutnir as Anorney-in-Fact, such persons, firms, or,-mponm,ms as
may be selected from titre to time: and any such Altorrev-in-fact may he rcm,wrd
and the authority granted hill) revoked by the President. fir :nry I:xetutisc Fire
Yn•sident. or am Senior Vice President, or by the Board of Diiertm% or by the
Finmmt•c -,ut Executive Committee of the Board of Direciors.
RESOLVED, that nothing in this Power of Alhtrney shall Ile .:r,nslrueJ as it cram
of aullsmity to Iltr attorney(s)-in-fact to sign. execute, acknowled);c. deliver or oth_r-
rwise k%ae a f+nccy or policies of insurance fill behalf of (;uif imur.mce Company
t4 Rf.SUf.Vlif), that the signature of the President, L•xecurive Vice 11trstdcnt or
any Senior Vice President, and the Sea[ of the ('omp:usv stay he :tffowd to ally such
pow,-, ,f Altmnev or any certificate relamne ihcrcto be Ln•simile, and anv such
^ powers so execuled and certified by facsimile si;m,mut• and lac innle seal 6.111 he
f valid -nd 1,iadine ttf:on the Con►p:nly in the Gtittre with respect to :un Nind ,utd
dot•uments relating nt such bonds to which they are attached.••
Gulf irsurnscc Company does hereby make• comtitnte and arpoirt
F
Laura Espinoza
F3CINU
NUMBER GE 5645499
PRINCIPAL: NAME, ADDRESS
CiTY, STATE, ZIP
King Consultants, Inc. dba
Quicksilver Construction
1205 E. 46th
Lubbock, TX 79404
EFFECTIVE DATE
10-19-94
t, CONTRACT AMOUNT
BOND AMOUNT
its true and. lawiid atlorney(s)-in-fact• with till] power and authority hereby conferred ill its nurne, place and sicad. to sign. CXCC'Uie, acknowledge and deliver in its
et behall', :vs surety, any :mall bonds and undertaking% of suretyship, and to hind (.iufl Imur:mce Company thereby as ]idly and to the same extent as if any hemds,
undertakings oust Limuments relating h) such hAmit]s and!or underlakmgs %sere %i^red by the duly :mthohred otticer (,(the lull' Insurance Company and all the acts of
t� said afloncyis)-in )act, pursuant to the authority herein given, are herchy ratified ami confiriued-
The ohligaiirvr of the Company shall not exceed one million if 1.1x)tt,OiN).(NIr Dollars,
IN WITNESS WilE.RF;OF, the Gulf Insurance Con►pany has canard these presents Im he signed by nay officer of flit• Company and its Corpuntte seat to
Ile hereto affixed.
,PANG/-
4v� CO
Vt�e^Or),tr 4�
v fi r
SEAT.
fiTATIE OF NEW YORK )
tiff
CULF INSURANCE COA11'ANY
Christopher E. Watson
President
COUNTY OF NF:11' YORK )
Oil this fsl day of February, 1994 A.D., before nee carte ChrKlopher F. \{'alarm, knonn to me personally who heing by ale duty s►torn, did depow and
say: that he resides in the County of Westchester, State or hew York: that lu• is file 1're%itient or the Gulf Insurance Company, the corporation described In
and which exee►tled the ahotre lostr•ument. that he knuns the seal ref %still corporation: fiat the seal afRsed to the said instruments is such eorp(srate scat: that
it suns co affisrd by order of the Board of Directors of said corpnraliou send that he signed his name
,
thIli. theretoli(order.
rder,
t `.tNr
,{' V
r
Uatid t
u+, 'OI.rF341G i .1:liTa
t• "�. . - t� No. 24-49513634
STATE OFNEW PORK ) r;r fat'ti Vualiftcd in Rings County
► SS Control. Expires Nolicrnber 13, 199S
COUNTY OF NEW YORK 1
jt 1, the undersigned, senior Vice President of the Gulf insurance Cntnpani, a Missouri Corporation. DO HEREBY CERTIFY that the foregoing and
attached POWEX OF A•ITOR F.Y remains in full force.
J�gnNcf
�x+ POt r o
Si,cncd and Staled at the City of New Park. 4 r; ^ '�z� ' 1
u SEALDated the l9th day of October . I -to 94
I :►n rr•nt•e 11, Mimfler
Seni,rr Vice President
7
PERFORMANCE BOND
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, R-EGULAR SESSION, 1959
(McGREGOR ACT — PUBLIC WORKS)
(Penalty of this Bond must be 100% of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That King ConGttl ant s;, Tnc-_ r3ha aiiickGi lver Construction
(hereinafter called the Principal), as, Principal, and Gulf Insurance Company
i (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Lubbock
(hereinafter 'Cal -led the Obligee), in the amount of SEVENTY—SEVEN THOUSAND SEVEN HUNDRED SEVENTY—SEVEN
& N0/100----------- 77,777.00
DOLLARS (S ) for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into.a certain writtencontract with the Obligee, dated the —13th
day of October
, 19 94 , to
Bid #13045—Civic Center Banquet Hall Partition Replacement
which contract is hereby referred to and made a part hereof as fully and to the some extent as if copied at length
I herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faith-
fully perform the work in accordance with the plans, specifications and contract documents, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 some extent as if it were
copied at length herein.
IN WITNESS WHEREOF, t;te said Principal and Surety have signed and sealed this instrument this 19th
day of Ont-a er _ 19 q4—,
BOND CHECK
BEST RATING +
LICENSED IN TEXAS
DATE /O z 7 L BY 2
BOU-2838 ED. 7.71 (TEXAS)
By
Laura E pinoza "i►'•"•y4" F"`'
7,
r
CERTIFICATE OF INSURANCE
7
wv.:�:anr��s� .....::............. .......>.... :::.,. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
. INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
......:.........................................................................................................................................................................
CO: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
I LTR: DATE (MMIDDIYY) DATE (MM/DDIYY) i
GENERAL LIABILITYGENERAL AGGREGATE 1 1, 0 0 0, O O O.
A: X COMMERCIAL GENERAL LIABILITY GRW842966 01/15/94 01/15/95 :PRODUCTS-COMP/OPAGO. :41,0000000,
- :PERSONAL&ADV.INJURY 11,000,000.
CLAIMS MADE ; ][ OCCUR.
.........
OWNER'S k CONTRACTOR'S PROT. : EACH OCCURRENCE 1 1 QQQ QQQ
:........, ......................................... ...... .................
FIRE DAMAGE
i E (Any one fire) ....�.. ••50, 000.
MED. EXPENSE (Any one personE 1 5 s 00O .
AUTOMOBILE LIABILITY
COMBINED SINGLE
i $1, 000, 000.
ANY AUTO
:.......:
BA 3832620 00
02/18/94
02/18/95
�UMIT
ALL OWNED AUTOS
,,,,
i
... .. ..
..IL on ....Y....................
E BODILY BdJLIR
1
C . X SCHEDULED AUTOS
: (Per Pere 1
.................................
.....................................
:........:
C E X : HIRED AUTOS
,
BODILY INJURY
1
C : X NON -OWNED AUTOS
; (Pet accident)
GARAGE LIABILITY
=......• =
PROPERTY DAMAGE
1
EXCESS LABILFTY
?
E EACH OCCURRENCE
; 1 1 Q Q Q Q Q Q
A X UMBRELLA FORM
:Requested CU
10/21/94
01/15/95
:........................................................
:AGGREGATE
.......... ..........
11, 000, 000
OTHER THAN UMBRELLA FORM
$ WORKER'S COMPENSATION
'TSF-105334-01
11/17/93
11/17/94
.x.. sTATuroRYL
.....
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;EACH ACCIDENT
AND
.....................
.....00......00............
$E EMPLOYERS' LIABILITY
::TSF-105334-01
11/17/93
11/17/94
DISEASE— POLICY LIMIT
1 5 Q Q Q Q Q
DISEASE —EACH EMPLOYEE
1 500, 000
OTHER
A:Owners Contractors
:Requested CU
10/21/94
10/21/95
CSL
500,000
A:Builders Risk
:Requested CU
10/21/94
02/21/95
All Risks
77,777
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
City of Lubbock
P.O. Box 2000
Lubbock TX 79408
L..
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO Tm-
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
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COMMERCIAL POLICY
I NAME AND ADDRESS OF AGENCY
COMPANY
Commercial Union Ins. Cos.
-------------------------------------------------------------
r I Gilmore Insurance Agency, Inc. j POLICY NUMBER I POLICY TYPE j
P. 0. Box 12030 I GRW842966 I TCPP 1
I Lubbock TX -------------------------------
I-----------------------------I
1 7 9 4 5 2- 2 0 3 0 I INCEPTION DATE OF POLICY 1 EXPIRATION DATE I
r-I I 01/15/94 1 01/15/95 I
e i PHONE 8 0 6- 7 6 3- 4 0 0 5 I------------------------------- I-----------------------------i
. ; I CODE : 4 2 - 3 6 2 9 6 SUB CODE: I EFFECTIVE DATE OF CHANGE I TIME
I--------------------------------------------------------- -----1 1 0/ 2 1/ 9 4 11 1: 07 AM I
NAME AND MAILING ADDRESS OF INSURED I----------------------- ---------_------------------__1
Insulation III & Quicksilver I This is an acknowledgement of your request. Upon approval, I
1 Construction c/o Henry King 1 the company's records will be adjusted accordingly and if a i
11205 E. 46th Street I premium adjustment is required, it will be done at premium I
Lubbock TX 1 audit or by endorsement. 1
r1 79404 I -------------------------------------------------------------I
I Lubbock I TYPE OF CHANGE: ADD, CHANGE, OR DELETE I
1> VEHICLE DESCRIPTION/LIMITSc-------- ......................................................................................- --
I
I CHG IVEH R I YEAR I MAKE, MODEL, BODY TYPE I VIN/SERIAL NUMBER I
I I I --- I ------I
1 GARAGE LOCATION-CITY,STATE,ZIP CODE I SYM./AGE 1 COST NEW I USE I RADIUSI GVW/GCW I CLASS I SIC I TERR I FACTOR I
:I I I I I I 1 I I I
I -------I -----I I I I -----------I
LIABILITY I PIP I ADD'T PIP I MED PAYMENT IUNINS MOTORISTI COMP. It 1 ACV I SPEC PERILS (COLLISION( TOW 1
i-------------- I-------------- I-------------- i-------------- I--------------1----------1( 1 STATED 1[ 1F I-------I---------I ----- I
I ( 1 I I I DEDUCT I AMT 1( JF&TI DEDUCTI DEDUCT I I
1 I I I I I---------- 1 1[ 1FTW1------- I --------- I I
^I I I I I I 1 1( 1LSP1 I I I
I------ -
---------------------------------------------------------------------------------------------------------------------1
I CHG IVEH N IYEAR I MAKE, MODEL, BODY TYPE I VIN/SERIAL NUMBER I
1
---------------------' ----- -- ----- -' ---' --- - -- ---- --- -------------------- --' ---------------
MGARAGE LOCATION-CITY,STATE,ZIP CODE I SYM./AGE I COST NEW I USE I RADIUS( GVW/GCW 1 CLASS I SIC I TERR I FACTOR I
j I I I I I I I I I I
I ----I I I 1 ------------ ----I i I -------------I
I LIABILITY I PIP I ADD'T PIP I MED PAYMENT IUNINS MOTORISTI COMP. 1[ 1 ACV I SPEC PERILS 1COLLISIONI TOW I
I-------- ------ i-------------- {-------------- 1-------------- I-------------- i---------- 11 1 STATEI) 1( 1F I-------I---------I-----I
1 I ( I ( I DEDUCT I AMT It 1F&T1 DEDUCT) DEDUCT I I
I I I I I I---- -----1 1( 1FTW1------- I --------- I I
1> II I I ..-------.------.......---..,........-------I---------.----.I
PROPERTY DESCRIPTION c....•••.••••••.••••••••••••••••••• ••••._• ••.• i
I CHG ILOC S 1 LOCATION ADDRESS
i
I------------------------------------------------------------------------------------------------- -------------------------I
�1 DESCRIPTION OF OPERATIONS/OCCUPANCY I
I ----I
IPREM / I CHG I R I SUBJECT OF INSURANCE I AMOUNT (DEDUCTIBLE I COINS I ACV/RC (PERILS, FORMS AND CONDITIONS TO APPLY(
^I I I 1 I I I I 1 1
I--------------------------------------------------------------------------------------------------------------------------------I
I CONSTRUCTION TYPE 1PROT CLI# STOI1k BSMTSI YR BLTI TOTAL AREA I OTHER OCCUPANCIES
n ...._............i I......_... I _....1
{ I> ADDITIONAL CHANGES c............ ............................................................... I
111 1( } NAMED INSURED ( 1 MAILING ADDRESS [ } DEDUCTIBLE [ J DRIVER INFORMATION [ ADDITIONAL INTEREST 1
I
...............................................................................................................
> REMARKS c.•••..• (
jPlease add as additional insured j
�j City of Lubbock j
I P.O. Box 2000 I
I Lubbock, TX 79408 I
I Thank You j
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1 ✓�ts''s'""" I
n
I SIGNATURE OF AUTHORIZED REPRESENTATIVE I
1 1 } ATTACHMENT 1
ACORD 175 (12/60)
P—
I I I
CONTRACT
,. CONTRACT
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STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 13th day of October 1994, 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 OUICKSILVER CONSTRUCTION of the City of Lubboc County of Lubbock, and the State of Texas,
hereinafter termed CONTRACTOR
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #13045 - CIVIC CENTER BANQUET HALL PARTITION REPLACEMENT FOR $77,777.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction in accordance with the contract documents as defined in the General
Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given
to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the
proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the
year and day first above written. �--�
APPROVED AS TO CONTENT:
/6 07
CONTRACTOR:
QUICKS CON UCTION
By:
TITLE: U.
COMPLETE ADDRESS:
1205 E.46th Street
CLAUDIA T. CANNON
Notary Public, State of Taus
My Commission Expires 8.23.97
GENERAL CONDMONS OF THE AGREEMENT
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 contract, it shall be
understood as referring to the City of Lubbock, Texas.
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: QUICKSILVER CONSTRUCTION who has agreed
to perform the work embraced in this contract, or to his or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it sb,-dl be understood as referring to
FREDDY CHAVEZ, OPERATIONS AND ENGINEERING SUPERINTENDENT, City of Lubbock, under whose
supervision these contract documents, including the plans and specifications, were prepared, and who will inspect
constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any
particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's
Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed
Agreement, Statutory Bonds (if requited), General Conditions of the Agreement, Special Conditions of the Agreement (if
any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of
like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like
import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any
Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents,
but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
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 documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known,
technical or trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout
of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not
relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished 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 documents. He will not be required to
make exhaustive or continuous onsite 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 documents, 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 onsite 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.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the
work contemplated by these contract documents or the completion of the work contemplated by these contract documents.
Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or
removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's
Representative at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative
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
r- agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
j 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 Representatives'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
r 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 direction of the Owner's
Representative as rendered shall be promptly carried out, and any claim arising therefrom 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 relative 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
P" appealing.
15. SUPERINTENDENCE AND INSPECTION
r- It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time
such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the
materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is
done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance
` required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The
Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so
appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer,
supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
decision.
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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
r is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives 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.
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17. 'CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
and all other matters which in any way 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 disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Owner's Representative's written
consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also
understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials,
tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be
maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be
constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's
Representative and their use'shall be strictly enforced:
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location
wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be
ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
errors and regardless of whether Owner's 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
Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such
tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as maybe required by law or the contract documents.
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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 Representative, be uncovered for
observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be bome 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
r 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.
r• 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 unsuitable 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 rebuild or otherwise remedy such wort: so that it shall be in full
accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at
•— Contractor's expense.
23. CHANGES AND ALTERATIONS
r- 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 inCrease the amount of work, and the
r., increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and at the unit price established for such work under this contract; otherwise such additional work shall be
paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any
work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for
any material or labor so used, and for 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, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered 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 Representative when
presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor
to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to
the Contractor for performing said extra work shall be determined by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then
the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent.
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In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply
and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics
and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used
on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on
account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property
Damage and 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 matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 1001/o, unless
otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to
the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration 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 sums in his proposal to complete the work
in accordance with these plans and specifications. It is further understood that any request 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 0wrier's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.:
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` 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
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,
indemnify 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 sustained 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 subcontractor 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 arty of its officers, agents, or employees including
attorncy'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 progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
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The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried
with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection
with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to
contract execution.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single
Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement
doing so is to be attached to the Certificate of Insurance.
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City
of Lubbock as insured and the amount of such policy shall be as follows:
For bodily injuries, including accidental death and or property damage, $500,000 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, 500 000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 1001/o of the total contract price (100% of
potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of 1,000,000 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages,
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such
certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at the
address shown in the bid specifications.
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(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
r (8) If policy limits are paid, new policy must be secured for new coverage to complete project.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and priviliges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN, AND FURNISHERS OF
MACHINERY. EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment,
power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When
Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after
demand is made, then Owner may, during the period for which such indebtedness 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.
rAny and all communications between any party under this paragraph must be in writing.
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31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The
r., 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 specified or required in these contract documents by Owner; provided, however, if choice of alternate
design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless
l from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
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32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
which in any manner 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'
r" Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
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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, insofar as the
same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into
contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein.
33. 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.
34. 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 consideration for the awarding
of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (One
Hundred) PER DAY, not as a penalty, but as liquidated damages 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 completion of the
work described herein is reasonable time for the completion of the same, taking into consideration the average climatic
change and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, 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.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute 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 contract, 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 several parts.
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36. 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, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for
an extension 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 receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then. submit such written request to
the City Council of the City of Lubbock for their consideration. Should the Contractor dig<gree with the action of City
Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless otherwise specifically provided.In the event this contract is let
on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other
contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the
estimated quantities are shown 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 offered 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.
39. PROTECTION OF ADJOrNING PROPERTY
r.. The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered,
1 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
r Owner against arry claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing
out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
40. PRICE FOR WORK
r 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.
41 PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at
any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the work Before final payment is made,
Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a
waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
payment. 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 partial payment showing as completely as practical
the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement
shall also include the value of all sound materials 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 percentage due Contractor.
43. 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 inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance 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.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and
prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and
shall certify same to the Owner, who shall pay to the Contractor on or before 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 contract; 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 conditions (if
any) of this contract or required in the specifications made a part of this contract.
45. 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 Contractor 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
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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.
46. 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 date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47. 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.
48. TMIE 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. Incase 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 otherwise in the contract documents.
49. 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 select 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
decision 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 either 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 arbiters, 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
r Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY
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QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT
TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, 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 arbiters shall fix their own compensation, unless
otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The
award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or
award.
50. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders 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 complete the work and a copy of said notice shall be delivered to the
Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for
work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of
the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra
Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten
(10) days after service of such notice, then the Owner may provide for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,
tools, materials and supplies to said Contractor; and the expense so charged shall be deducted and paid by the
Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under
this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference.
In case such expense is greater than the sum which would have been payable under this contract, if the same had
been completed by said Contractor, then the Contractor and/or 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 newspaper having a
general circulation in the County of location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to
the Owner under the new contract as compared to what would have been the cost under this contract, such increase
shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that which would have been the cost to complete the work
under this contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of
completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized
statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and
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delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the
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balance due as reflected by said statement within 30 days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
•* and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. 'fie Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
51. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated 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 Contractor 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 Contractor
to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final
statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and
all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner
who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance
shown by said final statement as due the Contractor, under the terms of this Agreement.
52. 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
r $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
I 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 further agreed that this contract shall not be in effect until such bonds are so
rfurnished.
l 53. SPECIAL CONDITIONS
r In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
54. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or
rfrom the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual
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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.
55. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority 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 observe 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 Representativeor to the Contractor's own employees or to any other
person, firm, or corporation.
56. 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'fools, 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.
CURRENT WAGE DETERMINATIONS
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Resolution #2502
January 8, 1987
Agenda Item #18
DGV:da
RESOLUTION
WHEREAS, the City Council has heretofore established the general
�- prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
:in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
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WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes: .
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January 1987.
Ranettd`Boyd, City Secretary
APPROVED T OI�TENT:
Bi T 1 P yne, D rector of Building
Services
S. e . � z)�
B.C. MCMINN, MAYOR
APPROVED AS TO FORM:
Donild G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Hourly Rate
Acoustical Ceiling Installer
$11.60
Air Conditioner Installer
8.35
- Air Conditioner Installer -Helper
5.50
Bricklayer
10.50
Bricklayer -Helper
5.00 _
Carpenter
11.00
Carpenter -Helper,
5.50
Cement Finisher
7.35
Drywall Hanger
8.70
Electrician
10.50
Electrician -Helper
5.25
Equipment Operator -
Heavy
8.00
Light
5.70
Floor Installer
8.00 _
Glazier
7.50
Insulator, Piping/Boiler
9.50
Insulator -Helper
5.00
Iron Worker
7.30
Laborer, General
4.75 -
Mortar Mixer
5.60
Painter
8.75 -
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65 -
Roofer -Helper
4.75
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder - Certified
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
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 0
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.l 1/2 times base rate.
SPECIFICATIONS
P"
LUBBOCK MEMORIAL CIVIC CENTER
BANQUET HALL PARTITION REPLACEMENT
LUBBOCK, TEXAS
�I
TECHNICAL SPECIFICATIONS
DIVISION 1 - GENERAL CONDITIONS
01005 - Administrative Provisions
01031 - Alteration Project Procedures
01045 - Cutting and Patching
01300 - Submittals
01400 - Quality Control
01500 - Construction Facilities and Temporary Controls
01600 - Material and Equipment
01700 — Contract Closeout
DIVISION 2 - SITEWORK
02072 - Minor Demolition for Remodeling
Flo
j DIVISION 3 - CONCRETE WORK
Not Used
DIVISION 4 - MASONRY
Not Used
DIVISION 5 - METALS
05500 - Metal Fabrications
r�
DIVISION 6 - WOOD AND PLASTICS
06001 - Carpentry Work
DIVISION 7 - MOISTURE AND THERMAL PROTECTION
i
07213 - Batt Insulation
DIVISION 8 - DOORS AND WINDOWS
Not Used
DIVISION 9 - FINISHES
Not Used
09205 - Metal Furring and Lathing
09210 - Gypsum Plaster
09900 - Painting
DIVISION 10 - SPECIALTIES
'r 10620 - Operable Partitions
�,ReD ARC
ti
RG�y,I,�
ATE DF �E�
INDEX-1
DIVISION 11 - EQUIPMENT
Not Used
!�
DIVISION 12 -
FURNISHINGS
Not Used
r
DIVISION 13 -
SPECIAL CONSTRUCTION
Not Used
r�
;.;
DIVISION 14 -
CONVEYING SYSTEMS
."
Not Used
'
DIVISION 15 -
MECHANICAL
r"
i
Not Used
DIVISION 16 -
ELECTRICAL
r
Not Used
INDEX-2
SECTION 01005
p
ADMINISTRATIVE PROVISIONS
PART 1 GENERAL
1.01 REQUIREMENTSINCLUDED
A. Work Covered by Contract Documents.
B. Type of Contract.
C. Contractor Use of Premises.
POO D. Owner Occupancy.
E. Coordination.
F. Field Engineering.
G. Reference Standards.
r-
1.02 WORK COVERED BY CONTRACT DOCUMENTS
r' A. The Owner will award a contract to one bidder. The contract
{ will commence on the date given on the Notice'to Proceed. All
work involves inside the Banquet Hall area of the Lubbock
r„ Memorial Civic Center, City of Lubbock, located at 1501.6th
Street, Lubbock, Texas. Work covered by this contract includes:
1. Removal and replacement of an electrically operated partition
r" panel wall.
i
2. Demolition and replacement of suspended painted plaster
r., ceiling work adjacent to the partition, as required for partition
replacement.
3. Addition of sound attenuation insulation above and adjacent to
7the new operable partition.
j _
1.03 TYPE OF CONTRACT
r
A. The Owner will award a single lump sum contract to one bidder.
The contract will commence on the date given on the Notice to
^, Proceed.
1.04 CONTRACTOR USE OF PREMISES
A. Limit use of premises to allow:
1. Owner occupancy.
r- 2. Work by Owner.
3. Use of site and premises by the public.
B. Access to Site: Limited to hours that the building is
maintained open by the Owner, unless specific arrangements are
made with the Owner.
'" 01005-1
C. Emergency Building Exits: All existing emergency exits shall
remain operable and clear at all times during construction.
D. Time Restrictions for Performing Work: Limited to hours that
the building is maintained open by the Owner, unless specific
arrangements are made with the Owner.
E. Utility Outages and Shutdown: Contractor shall give minimum 48
hours notice to Owner prior to any necessary.interruption of,
utility services.
1.05 OWNER OCCUPANCY
A. Owner will occupy the premises during the entire period of
construction and will conduct normal operations.
B. Schedule construction activities as required to accommodate
Owner's occupancy and operation. Coordinate schedule and
necessary interruptions with Owner prior to commencement of
construction.
1.07 COORDINATION
A. Coordinate work of the"various sections of Specifications to
assure efficient and orderly sequence of installation of
construction elements, with'provisions for accommodating items.
installed later.
B. Verify characteristics of elements of interrelated operating
equipment are compatible; coordinate work of various sections
having interdependent responsibilities for installation,
connecting to, and placing in service, such equipment.
C. Coordinate space requirements and installation of mechanical
and electrical work which are indicated diagramatically on
'Drawings.
1.08 FIELD ENGINEERING
A. Provide field engineering services; establishig`rades, lines,
and levels by use of recognized engineering survey practices.
B.,Control datum for survey is.that shown on Drawings._ Locate
and protect control and'.reference points.`
C. Dimensions shown on drawings were taken from original building
construction drawings and are not guaranteed to accurately
reflect actual exisitng conditions. Contractor shall be
responsible for field verification of all exisitng dimensions,
grades and elevations. .
1.09 REFERENCE STANDARDS
A. For Products specified by association or trade standards,'
comply with requirements of the „standard, except_when:more rigid
requirements are specified or are required by applicable codes.
01005-2
B. The date of the standard is that in effect the bid date,
except when a specific date is specified.
C. Obtain copies of standards when required by Contract
Documents. Maintain copy at field office.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
01005-3
SECTION 01031
r" ALTERATION PROJECT PROCEDURES
PART 1 GENERAL
1.01 REQUIREMENTS
A. Coordinate work of trades and schedule elements of alterations
and renovation work by procedures and methods to expedite
completion of the Work.
B. In addition to demolition specified in Section 02072, and that
specifically shown, cut, move or remove items as necessary to
provide access or to allow alterations and new work to proceed.
Include such items as:
1. Repair or removal of hazardous or unsanitary conditions.
2. Removal of abandoned items and items serving no useful
purpose, such as abandoned piping, conduit and wiring.
3. Removal of unsuitable or extraneous materials not marked for
salvage, such as abandoned furnishings and equipment, and
debris such as rotted wood, rusted metals and deteriorated
concrete.
4. Cleaning of surfaces, and removal of surface finishes as
needed to install new work and finishes.
C. Patch, repair and refinish existing items to remain, to the
specified condition for each material, with a workmanlike
transition to adjacent new items of construction.
1.02 RELATED REQUIREMENTS
A.
Section
01005:
Work Sequence.
B.
Section
01005:
Owner Occupancy.
C.
Section
01045:
Cutting and Patching.
D.
Section
01300:
Construction Schedules.
E. Section 01500: Use of Existing Utilities.
F. Section 01500: Temporary Enclosures.
G. Section 01700: Cleaning During Construction.
H. Section 02072: Minor Demolition for Remodelling.
1.03 SEQUENCE AND SCHEDULES
A. Schedule Work in the sequences and within times specified in
Section 01005.
1.04 ALTERATIONS CUTTING AND PROTECTION
r
�►- 01031-1
A. Assign the work of moving, removal, cutting and patching, to
trades qualified to perform the work in a manner to cause least
damage to each type of work, and provide means of returning
surfaces to appearance of new work.
B. Perform cutting and removal work to remove minimum necessary,
and in a manner to avoid damage to adjacent work.
C. Cut finish surfaces by methods to terminate surfaces in a
straight line at a natural point of division.
D. Perform cutting and patching as specified in Section 01045.
E. Protect existing finishes, equipment, and adjacent work which
is scheduled to remain, from damage.
PART 2 PRODUCTS
2.01 SALVAGED MATERIALS
A. Salvage sufficient quantities of cut or removed material to
replace damaged work of existing construction, when material is
not readily obtainable on current market.
B. Items not required for use in repair of existing work shall
become the property of the contractor, unless noted otherwise.
C. Do not incorporate salvaged or used material in new
construction except with permission of Architect/Engineer.
2.02 PRODUCTS FOR PATCHING, EXTENDING AND MATCHING
A. Provide same products or types of construction as that in
existing structure, as needed to patch, extend or match existing
work.
B. Generally Contract Documents will not define products or
standards of workmanship present in existing construction;
Contractor shall determine products by inspection and any
necessary testing, and workmanship by use of the existing as a
sample of comparison.
C. Presence of a product, finish, or type of construction,
requires that patching, extending or matching shall be performed
as necessary to make Work complete and consistent to identical
standards of quality.
PART 3 EXECUTION
3.01 PERFORMANCE
A. Patch and extend existing work using skilled mechanics who are
capable of matching existing quality of workmanship. Quality of
patched or extended work shall be not less than that specified
for new work.
01031-2
I'
r
3.02 ADJUSTMENTS
A. Where partitions are removed, patch floors, walls, and
ceilings, with finish materials to match existing.
B. Where extreme change of plane of two inches or more occurs,
request instructions from Architect/Engineer as to method of
making transition.
3.03 DAMAGED SURFACES
A. Patch and replace any portion of an existing finished surface
which is found to be damaged, lifted, discolored, or shows other
imperfections, with matching material.
B. Provide adequate support of substrate prior to patching the
finish.
C. Refinish patched portions of painted or coated surfaces in a
manner to product uniform color and texture over entire surface.
D. When existing surface finish cannot be matched, refinish
entire surface to nearest intersections.
3.04 TRANSITION FROM EXISTING TO NEW WORK
A. When new work abuts or finishes flush with existing work, make
a smooth and workmanlike transition. Patched work shall match
existing adjacent work in texture and appearance so that the
patch or transition is invisible at a distance of five feet.
B. When finished surfaces are cut in such a way that a smooth
transition with new work is not possible, terminate existing
surface in a neat manner along a straight line at at natural line
of division, and provide trim appropriate to finished surface.
3.05 CLEANING
A. Perform periodic and final cleaning as specified in Section
01700.
r- B. Clean Owner -occupied areas daily.
C. Clean spillage, overspray, and heavy collection of dust in
Owner -occupied areas immediately.
D. At completion of work of each trade, clean area and make
surfaces ready for work of successive trades.
E. At completion of alterations work in each area, provide final
cleaning and return space to a condition suitable for use by
Owner.
END OF SECTION
rw 01031-3
►"
r
SECTION 01045
CUTTING AND PATCHING
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Requirements and limitations for cutting and patching of
Work.
1.02 RELATED REQUIREMENTS
A. Section 01031 - Alterations Project Procedures: Cutting and
patching for alterations work.
B. Section 01600 - Materials and Equipment: Substitutions.
C. Individual Specifications Sections: Cutting and patching.
incidental to work of the section.
1.03 DESCRIPTION
A. Execute cutting, fitting, and patching to complete Work, and
to:
1. Fit the several parts together, to integrate with the work.
2. Uncover work to install ill-timed work.
3. Remove and replace defective and non -conforming work.
4. Remove samples of installed work for testing.
1.04 SUBMITTALS
A. Submit written request in advance of cutting or alteration
which affects:
1. Structural integrity of any element of Project.
2. Integrity of weather -exposed or moisture -resistant element.
3. Efficiency, maintenance, or safety of any operational
element.
4. Visual qualities of sight -exposed elements.
5. Work of Owner or separate contractor.
B. Include in request:
1. Identification of Project.
2. Location and description of affected work.
3. Necessity for cutting or alteration.
4. Description of proposed work, and products to be used.
5. Alternatives to cutting and patching.
6. Effect on work of Owner or separate contractor.
.., 7. Written permission of affected separate contractor.
8. Date and time work will be executed.
r" PART 2 PRODUCTS
2.01 MATERIALS
r 01045-1
A. Those required for original installation.
B. For any change in materials, submit request for substitution
in accordance with Section 01600.
PART 3 EXECUTION
3.01 INSPECTION
A. Inspect existing conditions, including elements subject to
damage or movement during cutting and patching.
B. After uncovering, inspect conditions affecting performance of
work.
C. Beginning of cutting or patching means acceptance.of existing
conditions.
3.02 PREPARATION
A. Provide supports to assure structural integrity of
surroundings; devices and methods to protect other portions of
Project from damage.
B. Provide protection from elements for areas which may be
exposed by work; maintain excavations free of water.
3.03 PERFORMANCE
A. Execute work by methods to avoid damage to other work, and
which will provide proper surfaces to receive patching and
finishing.
B.Restore work with new products in accordance with requirements
of Contract Documents.
C. Fit work airtight to pipes, sleeves, ducts, conduit, and other
penetrations through surfaces.
D. Refinish surfaces to match adjacent finishes. For continuous
surfaces, refinish to nearest intersection; for an assembly,
refinish entire unit.
END OF SECTION
01045-2
ow
SECTION 01300
r SUBMITTALS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
r
A. Procedures.
B. Schedule of Values.
f C. Shop Drawings.
D. Product Data.
E. Samples.
r F. Color Selections.
1.02 PROCEDURES
A. Deliver submittals to Architect/Engineer at following
address:
r
Jones Rowntree Architects
3824 50th Street, Suite D
Lubbock, Texas 79413-3808
!. B. Transmit each item with AIA Form G810.
�- C. Identify Project, Contractor, subcontractor, major supplier;
identify pertinent Drawing Sheet and detail number, and
Specification section number, as appropriate.
rD. Identify deviations from Contract Documents and product or
system limitations which may be detrimental to successful
performance of the completed Work.
r
E. Apply Contractor's stamp, signed or initialled certifying that
review, verification of products required, field dimensions,
r adjacent construction work, and coordination of information is in
accordance with requirements of the Construction Documents.
F. Coordinate submission of related items. Submit all color and
finish materials submittals at the same time. Selection of any
and all color and finish materials will not be made until all
submittals have been provided to the Architect.
G. Provide space for Contractor and Architect/Engineer review
stamps.
H. Submit initial progress schedules and schedule of values in
duplicate within 10 days after award of Contract. After review
by Architect/Engineer revise and resubmit as required. Submit'
PM revised schedules with each Application for Payment, reflecting
changes since previous submittal.
►^ 01300-1
I. Comply with progress schedule for'submittals related to Work
progress. Coordinate submittal of related items.
J. After Architect/Engineer review of submittal, revise and
resubmit as required, identifying changes made since previous
submittal.
K. Distribute copies of reviewed submittals to"concerned persons.
Instruct recipients to promptly report any inability to comply
with provisions.
1.03 SCHEDULE OF VALUES
A. Submit typed schedule on AIA Form G7O3. Contractor's standard
form or media -driven printout will be considered on,request.,
B. Format: Table of Contents of this Project Manual. Identify
each line item with number and title of the major Specification
sections.
C. Include in each line item a directly proportional amount of
Contractor's overhead and profit.
D. Revise schedule'to list`change orders, for each application
for payment.
1.04 SHOP DRAWINGS
A. Submit the number of opaque reproductions which Contractor`
requires, plus two copies which will.be retained by
Architect/Engineer.
1.05 PRODUCT DATA ,
A. Mark each copy to identify applicable Products, models,
options, and other data; supplement manufacturers' standard data
to provide information unique to the Work. Include manufacturers'
installation instructions when required by the Specification
section.
B:'Submit the number of copies which Contractor requires, plus,
two copies which will be retained,by`Architect/Engineer.
1.06 SAMPLES
A..Submit full range of manufacturers' standard colors;' textures,
and patterns for Architect/Engineer's _selection, Submit samples
for selection of finishes within 30 days after date of Contract.
B. Submit Samples to illustrate functional characteristics of the
Product with integral parts and attachment devices. Coordinate
submittal of different catagories for interfacing work.
C. Include identification on each Sample, giving full
information:
01300-2
D. Submit the number specified in respective Specification
section; one will be retained by Architect/Engineer. Reviewed
Samples which may be used in the Work are indicated in the
Specification Section.
1.07 COLOR SELECTIONS
A. Submit to Architect list of all materials and items that
require a color selection.
B. No color selections shall be approved until all color
selections are furnished to the architect.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01300-3
r
SECTION 01400
QUALITY CONTROL
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Quality assurance and control of products and workmanship.
B. References.
C. Independent Testing Laboratory Services.
,PI- 1.02 RELATED REQUIREMENTS
A. Section 01300 Submittals: Submission of Manufacturer's
Instructions and Certificates.
B. Section 01600 - Material and Equipment: Product options.
1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION
A. Maintain quality control over supervision, subcontractors,
suppliers, manufacturers, products, services, workmanship, and
site conditions, to produce Work in accordance with Contract
Documents.
B. Comply fully with manufacturer's instructions, including each
step in sequence.
C. Comply with specified industry standards as a minimum quality
for the Work except when more restrictive tolerances or specified
requirements indicate more rigid standards or more precise
workmanship.
D. Provide suitably qualified personnel to produce Work of
specified quality.
E. Secure products in place with positive anchorage devices
designed and sized to withstand stresses, vibration, and
racking.
F. Provide finishes to match approved samples.
1.04 REFERENCES
A. Conform to reference standard by date of issue current on date
for receiving bids.
B. Should specified reference standards conflict with Contract
Documents, request clarification.
C. 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.
g
1.05 INDEPENDENT TESTING LABORATORY SERVICES
�- 01400-1
i"
A. Services of an independent testing laboratory or consultant to
perform inspections, tests and other services shall be obtained
as directed in various specification sections.
B. Services will be performed in accordance with requirements of
governing authorities and specified standards.
C. Reports will be submitted to Owner and Architect/Engineer in
duplicate giving observations and results of tests, indicating
compliance or noncompliance with specified standards and Contract
Documents.
D. Contractor shall cooperate with testing laboratory personnel;
furnish tools, samples of materials, equipment and storage
assistance as requested.
E. Notify Architect/Engineer and testing laboratory 24 hours
prior to expected time for operations requiring testing
services.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01400-2
t
SECTION 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Electricity, Lighting.
B. Heat, Ventilation.
C. Telephone Service.
D. Sanitary Facilities.
E. Construction Aids.
F. Enclosures.
G. Barriers.
H. Cleaning During Construction.
1.02 RELATED REQUIREMENTS
A. Section 01005 - Administrative Provisions: Summary of the
work.
B. Section 01700 - Contract Closeout: Final Cleaning.
1.03 ELECTRICITY, LIGHTING
A. For existing construction, connect to existing power service.
Power consumption shall not disrupt continuous service for
Owner's use.
B. Permanent convenience receptacles may be utilized during
construction.
C. Permanent building lighting may be utilized during
construction.
1.04 HEAT, VENTILATION
A. Provide ventilation of enclosed areas to cure materials, to
disperse humidity, and to prevent accumulations of dust, fumes,
vapors or gases.
1.05 TELEPHONE SERVICE
A. Provide, maintain and pay for telephone service to field
personnel.
1.06 SANITARY FACILITIES
r 01500-1
A. Existing facilities maybe used during construction
operations; maintain in sanitary condition.
1.07 CONSTRUCTION AIDS
A. Existing stairs may be used by construction personnel.
C. Existing service elevator may be used by construction
personnel and for materials. Coordinate use with Owner.
1.08 ENCLOSURES
B. Where possible, provide temporary partitions and ceilings to
separate work areas from Owner occupied areas, to prevent
penetration of dust and moisture into Owner occupied areas, and
to prevent damage to existing areas and equipment. Construction:
sheet materials with closed joints and sealed edges at
intersections with existing surfaces.
1.09 BARRIERS
A. Provide as required to prevent public entry to construction
areas, to provide for Owner's use of site, and to protect
existing facilities and adjacent properties from damage from
construction operations.
1.10 CLEANING DURING CONSTRUCTION
A. Control accumulation of waste materials and rubbish. Dispose
of waste materials and rubbish off -site daily.
B. Clean interior areas prior to start of finish work, maintain
areas free of dust and other contaminants during finishing
operations.
1.11 REMOVAL
A. Remove temporary materials, equipment, services.and
construction prior to Substantial Completion inspection.
B. Clean and repair damage caused..by installation or use of
temporary facilities.Restore existing facilities used during
construction to specified, or to original condition.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01500-2
SECTION 01600
r" MATERIAL AND EQUIPMENT
k .
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Products.
B. Workmanship.
C. Manufacturers' Instructions.
r D. Transportation and Handling.
E. Storage and Protection.
PIN F. Substitutions and Product Options.
1,
1.02 RELATED REQUIREMENTS
A. Section 01005 - Administrative Provisions: Summary of the
Work, Reference Standards.
B. Section 01300 - Submittals: Submittal of manufacturers'
certificates.
C. Section 01700 - Contract Closeout.
1.03 PRODUCTS
r-
A. Products include material, equipment, and systems.
B. Comply with Specifications and referenced standards as minimum
i
requirements.
i.
C. Components required to be supplied in quantity within a
Specification section shall be the same, and shall be
interchangeable'.
,., D. Do not use materials and equipment removed from existing
structure, except as specifically required, or allowed, by
Contract Documents.
r 1.04 WORKMANSHIP
A. Comply with industry standards except when more restrictive
r- tolerances or specified requirements indicate more rigid
standards or more precise workmanship.
B. Secure Products in place with positive anchorage devices
designed and sized to withstand stresses, vibration, and
racking.
1.05 MANUFACTURERS' INSTRUCTIONS
01600-1
Y 3
A. When work is specified to comply with manufacturers'
instructions submit copies as specified in Section 01300,
distribute copies to persons involved, and maintain one set in
field office.
B. Perform work in accordance with details or instructions and
specified requirements. Should a conflict exist between
specifications and instructions, consult with
Architect/Engineer.
1.06 TRANSPORTATION AND HANDLING
A. Transport products by methods to avoid damage; deliver in
undamaged condition in manufacturer's unopened containers or
packaging, dry.
B. Provide equipment and personnel to handle.products by methods
to prevent soiling or damage.
C. Promptly inspect shipments to assure that products comply with
requirements, quantities are correct, and products are
undamaged.
1.07 STORAGE AND PROTECTION
A. Store products in accordance with manufacturers' instructions,
with seals and labels intact and legible. Store sensitive
products in weather -tight enclosures; maintain within temperature
and humidity ranges required by, manufacturer's instructions.
B. For exterior storage of fabricated products, place on sloped
supports above ground. Cover products subject to deterioration
with imprevious sheet covering; provide ventilation to avoid
condensation.
C. Store loose granular materials on solid surfaces in a well -
drained area; prevent mixing with foreign matter.
D. Arrange storage to provide access for inspection.
Periodically inspect to assure products are undamaged, and are
maintained under required conditions.
E. After installation, provide coverings to protect products from
damage from traffic and construction operations, remove when no
longer needed.
1.08 PRODUCT OPTIONS
A. Within 21 days after date of contract, submit complete list of
major products proposed,'with name of manufacturer, trade name,
and model.
B. Options:
1. Products specified only by reference standard: any product
meeting that standard.
2. Products specified by naming several manufacturers: products
of any named manufacturer meeting specifications.
01600-2
3. Products specified by naming one or more manufacturers and "or
equal": Submit a request for substitution for any manufacturer
not specifically named, prior to bid date.
4. Products specified by naming only one manufacturer: No
r- Option.
1.09 SUBSTITUTIONS
! A. Only within 21 days after date of contract will
! Architect/Engineer consider requests from contractor for
substitutions. Subsequently, substitutions will be considered
only when a product becomes unavailable due to no fault of
contractor.
B. Document each request with complete data substantiating
compliance of proposed substitution with contract documents.
C. Request constitutes a representation that contractor:
1. Has investigated proposed Product and determined that it meets
or exceeds, in all respects, specified product.
2. Will provide the same warranty for substitution as for
specified Product.
3. Will coordinate installation and make other changes which may
be required for Work to be complete in all respects.
4. Waives claims for additional costs which may subsequently
become apparent.
D. 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
substantial revision of contract documents.
E. Architect/Engineer will determine acceptability of proposed
substitution, and will notify contractor of acceptance or
rejection in writing within a reasonable time.
1.10 REUSE OF EXISTING MATERIAL
A. Except as specifically indicated or specified, materials and
equipment removed from the existing structure shall not be used
in the completed Work.
B. For material and equipment specifically indicated or specified
to be reused in the Work:
1. Use special care in removal, handling, storage and
reinstallation, to assure proper function in the completed Work.
r 2. Arrange for transportation, storage and handling of products
which require off -site storage, restoration or renovation. Pay
all costs for such work.
PART 2 PRODUCTS - Not Used
PART 3 EXECUTION - Not Used
i.
END OF SECTION
�.. 01600-3
SECTION 01700
- CONTRACT CLOSEOUT
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Closeout Procedures.
B. Final Cleaning.
C. Adjustment.
D. Project Record Documents.
E. Operation and Maintenance Data.
F. Warranties and Bonds.
1.02 RELATED REQUIREMENTS
A. Conditions of the Contract: Fiscal provisions, legal
submittals, and other administrative requirements.
B. Section 01500 - Construction Facilities and Temporary
Controls: Cleaning during construction.
1.03 CLOSEOUT PROCEDURES
A. Comply with procedures stated in General Conditions of the
Contract for issuance of Certificate of Substantial Completion.
B. When Contractor considers Work has reached final completion,
submit written certification that Contract Documents have been
reviewed, Work has been inspected, and that Work is complete in
accordance with Contract Documents and ready for final
inspection.
C. In addition to submittals required by the conditions of the
Contract, provide submittals required by governing authorities,
and submit a final statement of accounting giving total adjusted
Contract sum, previous payments, and sum remaining due.
F. Owner will occupy designated portion of Project for the
purpose of installation of equipment, under provision stated in
Certificate of Substantial Completion.
1.04 FINAL CLEANING
A. Execute prior to final inspection.
B. Clean interior and exterior surfaces exposed to view; remove
temporary labels, stains and foreign substances, polish
transparent glossy surfaces, vacuum carpeted and soft surfaces.
r" Clean equipment and fixtures to a sanitary condition.
• 01700-1
C. Remove waste and surplus materials, rubbish, and construction
facilities from the Project and from the site.
1.05 PROJECT RECORD DOCUMENTS
A. Store documents separate from those used for construction.
B. Keep documents current; do not permanently conceal any work
until required information has been recorded.
C. At Contract Closeout, submit documents with transmittal letter
contaning date, Project title, Contractor's name and address,
list of documents, and signature of Contractor.
1.06 OPERATION AND MAINTENANCE DATA
A. Submit two sets prior to final inspection, bound in 8-1/2 x 11
inch three-ring side binders with durable plastic covers.
B. Part 1: Directory, listing names, addresses, and telephone
numbers of: Architect/Engineer and Contractor.
C. Part 2: Operation and maintenance instructions, arranged by
Specification division. For each Specification division, give
names, addresses, and"telephone numbers of subcontractors and
suppliers. List:
1. Appropriate design criteria.
2. List of equipment.
3. Parts list.
4. Operating instructions.
5. Maintenance instructions, equipment.
6. Maintenance instructions, finishes.
7. Shop Drawings and Product Data.
8. Warranties
1.07 WARRANTIES AND BONDS
A. Provide duplicate, notarized copies. Execute Contractor's
submittals and assemble documents from by subcontractors,
suppliers, and manufacturers. Provide table of contents and
assemble in ;binder with durable plastic cover.,
B. Submit material prior to final application for payment. For
equipment put into use with.Owner's permission during
construction, submit within 10 days after first operation. For.
items of Work delayed materially beyond Date of Substantial
Completion, provide updated submittal within ten days after
acceptance, listing date of acceptance as start of warranty
period.
PART 2 PRODUCTS - Not Used
PART 3" EXECUTION Not Used
i
END OF SECTION
01700-2
SECTION 02072
MINOR DEMOLITION FOR REMODELING
4
PART 1 GENERAL
1.01 WORK INCLUDED
A. Remove designated plaster ceiling components and associated
structure.
B. Remove existing partition and components.
1.02 EXISTING CONDITIONS
A. Conduct demolition to minimize interference with adjacent
building areas. Maintain protected egress and access at all
times.
B. Provide, erect, and maintain temporary barriers and security
devices.
PART 2 PRODUCTS - Not Used
PART 3 EXECUTION
3.01 PREPARATION
A. Protect existing items and finishes which are not indicated to
be altered.
B. Disconnect, remove, and cap designated utility services within
demolition areas.
3.02 EXECUTION
A. Demolish in an orderly and careful manner. Protect existing
structural members and adjacent finishes.
B. Except where noted otherwise, immediately remove demolished
materials from site.
C. Remove demolished materials from site as work progresses.
Upon completion of work, leave areas of work in clean condition.
D. Replace or repair damaged components and finishes not
scheduled or indicated for demolition to condition matching
exisitng construction.
END OF SECTION
r�
SECTION 05500
l METAL FABRICATIONS
PART 1 GENERAL
1.01 WORK INCLUDED
A. Shop fabricated ferrous metal items, prime painted.
B. Refer to schedule at end of this section.
1.02 REFERENCES
A. ASTM A36 - Structural Steel.
B. AWS D1.1 - Structural Welding Code.
PART 2 PRODUCTS
2.01 MATERIALS
A. Steel Sections: ASTM A36.
B. Welding Materials: AWS D1.1; type required for materials
being welded.
C. Primer: Tenemec 10-99 Red Primer.
2.02 FABRICATION
A. Verify dimensions on site prior to shop fabrication.
B. Fabricate items with joints tightly fitted and secured.
C. Fit and shop assemble in largest practical sections, for
delivery to site.
D. Grind exposed welds flush and smooth with adjacent finished
surface. Ease exposed edges to small uniform radius.
E. Make exposed joints butt tight, flush, and hairline.
2.03 FINISH
A. Clean surfaces of rust, scale, grease, and foreign matter
prior to finishing.
B. Do not prime surfaces in direct contact bond with concrete or
where field welding is required.
C. Paint scheduled items with one coat primer.
! PART 3 EXECUTION
05500-1
3.01 PREPARATION
A. Obtain Architect/Engineer approval prior to site cutting or
making adjustments not scheduled.
B. Clean and strip site primed steel items to bare metal where
site welding is scheduled.
3.02 INSTALLATION
A. Install items plumb and level, accurately fitted, free from
distortion or defects.
B. Perfoxm field welding in accordance with AWS D1.1.
C. After installation, touch-up field welds, scratched or damaged
surfaces with primer.
D. Provide and install items listed in schedule and shown on
drawings with anchorage and attachments necessary for
installation.
3.03 SCHEDULE
A. The schedule is a list of principal items only. Refer to
drawing details for items not specifically scheduled.
1. Steel angle frames for walkway support.
END OF SECTION
05500-2
i SECTION 06001
E CARPENTRY WORK
r PART 1 GENERAL
t
1.01 WORK INCLUDED
A. Rough carpentry and finish carpentry. Refer to schedule
located at the end of this section.
1.02 RELATED WORK
A. Section 10620: Operable Partitions
1.03 QUALITY ASSURANCE
A. Rough carpentry lumber: Visible grade stamp, of agency
certified by National Forest Products Association (NFPA).
B. When applicable, fabricate site made finish carpentry items in
accordance with recommendations of Quality Standards of
Architectural Woodwork Institute (AWI).
1.04 REFERENCE STANDARDS
A. PS 1 - Construction and Industrial Plywood.
B. PS 20 - American Softwood Lumber Standard.
C. PS 51 - Hardwood and Decorative Plywood.
D. PS 58 - Basic Hardwood.
E. NFPA National Forest Products Association National Design
Specification for Wood Construction.
PART 2 PRODUCTS
2.01 ROUGH CARPENTRY MATERIALS
A. Lumber Materials - graded in accordance with PS-20, maximum
moisture content of 19%.
2.02 ROUGH CARPENTRY ACCESSORIES
A. Nails, Spikes and Staples: Plain finish for interior
locations; size and type to suit application.
B. Bolts, Nuts, Washers, Lags, Pins, Screws; medium carbon steel
r. sized to suit application, plain finish for interior locations.
C. Fasteners: Toggle bolt type for anchorage to hollow masonry.
Expansion shield and lag bolt type for anchorage to solid masonry
r` or concrete; bolts for anchorage to steel.
d
06001-1
2.03 FINISH CARPENTRY MATERIALS AND COMPONENTS
A. Hardwood Lumber: graded in accordance with AWI transparent
finish.
Item Species Grade —
1. Strips at panel Red Oak Custom
stack closet door -'
2.04 FINISH CARPENTRY ACCESSORIES
A. Nails: Size and type to suit application.
B. Bolts, Nuts, Washers, Lags, Pins and Screws: Size and type to
suit application.
2.07 PREPARATION OF FINISH CARPENTRY ITEMS FOR FINISHING
A. Sand work smooth and set exposed nails and screws. Apply wood
filler in exposed nail and screw indentations and leave ready to
receive site applied finishes. On items to receive transparent —
finishes, use wood filler which matches surrounding surfaces and
of types recommended for applied finishes.
PART 3 EXECUTION
3.01 FRAMING, FURRING AND STRIPPING
A. Erect rough wood members true to lines and levels. Do not
deviate from true alignment more than 1/4 inch. _
B. Construct members of continuous pieces of longest possible
lengths.
3.02 INSTALLATION OF FINISH CARPENTRY ITEMS AND CABINET WORK
A. Set and secure finish carpentry items in place rigid, plumb and secure.
3.03 SCHEDULE
A. Rough Carpentry Work:
1. Wood walkway at south end of partition at second floor. -
2. Miscellaneous blocking as required during partition
construction.
B. Interior Finish Carpentry Work:'
1. Vertical oak'�strips at south partition pocket door.
END OF SECTION
06001-2
R
SECTION 07213
r"1 BATT INSULATION
I
PART 1 GENERAL
1.01 WORK INCLUDED
A. Acoustical batt insulation in ceiling construction above
operable partition.
B. Rigid insulation board at panel track.
1.02 REFERENCES
A. ASTM C-655 Specification for Mineral Fiber Blanket Thermal
Insulation for Light Frame Construction and Manufactured
Housing.
B. ASTM E-136 Test Method for Behavior of Materials in a Vertical
Tube Furnace.
C. ASTM C-612 Standard Specification for Mineral Fiber Block and
Board Thermal Insulation.
PART 2 PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Owens Corning
1. Sound Attenuation Batt Insulation
2. Type 703 Insulation
B. Substitutions: Items of same function and performance are
acceptable in accordance with Section 01600.
2.02 MATERIALS
A. Sound Attenuation Batt Insulation
1. Unfaced glass fiber acoustical insulation complying with ASTM
C-665, Type 1 and ASTM E 136 test.
2. Size: 2 1/2" thick (minimum) x 24" width x 96" length
B. Rigid Insulation Board
1. Unfaced glass fiber thermal insulation complying with ASTM
C612, Class 1 and Class 2.
2. Size: 2" thick x 24" wide x 48" long
3. Density: 3.0 p.c.f.
r.. PART 3 EXECUTION
i
3.01 PREPARATION
r` A. Verify supporting construction, plaster work and partition
construction are completed.
07213-1
3.02 INSTALLATION
A. Install rigid insulation along support beam and partition
track as indicated on details.
B. Install batt insulation parallel to direction of panel
partition, adjacent to track and extending four feet each side of
track.
C. Install insulation without gaps or voids.
D. Trim insulation neatly to fit spaces. Use full size batts and
boards free of damage.
E. Fit insulation tight in spaces and tight to exterior side of
mechanical and electrical services within the plane of
insulation. Leave no gaps or'voids.
F. Insure that insulation does not interfere with operation of
partition panel, track or drive chain.
G. Insulation shall completely enclose partition track system.
END OF SECTION
1t
SECTION 09205
METAL FURRING AND LATHING
PART 1 GENERAL
1.01 WORK INCLUDED
A. Metal furring and lathing as required for gypsum plaster
ceilings and soffits.
1.02 RELATED WORK
A. Section 09210 - Gypsum Plaster
1.03 REFERENCE STANDARDS
A. ANSI A42.4 - Interior Lathing and Furring.
PART 2 PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. United States Gypsum Company.
B. Gold Bond Building Products.
2.02 CEILING FURRING MATERIALS
A. Main Carrying Channel Furring Channels: Minimum 16 gage
galvanized sheet steel: 1-1/2 X 1/2 size; lengths as required.
B. Lathing Channels: Minimum 25 gage galvanized sheet steel; 3/4
deep X 3/8 inch wide; lengths as required.
C. Hangers: Galvanized steel, of size and type to suit
application and to rigidly secure ceiling system in place, with
maximum deflection of 1/360.
D. Lateral Bracing: Minimum 16 gage cold rolled steel channels
with galvanized coating; 3/4 inch X 3/8 inch size maximum
practical lengths.
E. Anchorage and Fastening Device: Approved devices of type and
size to suit application and to rigidly secure ceiling furring
members in place.
2.03 LATHING MATERIALS AND ACCESSORIES
A. Metal Lath: U.S.G. Junior Diamond Mesh Lath
e B. Corner Bead: U.S.G. 1-A Expanded Corner Bead.
C. Expansion Joint: U.S.G. #75 Control Joint.
r
09205-1
D. Anchorages: Tie wire, nails, screws and other approved metal
supports, of type and size to suit application and to rigidly
secure lathing materials in place; galvanized coated.
PART 3 EXECUTION
3.01 GENERAL INSTALLATION REQUIREMENTS
A. Erect metal furring and lath as required for gypsum plaster in
accordance with ANSI A42.4, unless indicated otherwise herein.
B. Install members true to lines and levels and to provide
surface flatness with maximum variation of 1/8 inch in 10 feet in
any direction.
3.03 CEILING FURRING
A. Install ceiling furring at'height(s) indicated on drawings.
Erect after above ceiling work is complete. Coordinate the
location of hangers with other work.
B. Install ceiling furring independent of walls, columns and
above ceiling work. Securely anchor hangers to structural
members or embed in structural slab.
C. Space main carrying channels at maximum 48 inches on center,
not more than 6 inches from perimeter walls. Lap splices minimum
12 inches and secure together 2 inches from each end of splice.
D. Securely fix carrying channels to hangers to prevent turning
or twisting and to develop full strength of hangers.
E. Place lathing channels_ perpendicular to carrying at 24 inches
on center, not more than 2 inches from perimeter walls. Rigidly
secure to carrying channels. Lap splices minimum 8 inches and
secure together 1 inch from each end of splice.
F. Reinforce openings in ceiling suspension system, which
interrupt main carrying channels or furring channels, with
lateral channel bracing. Extend bracing minimum 24 inches past
each end of openings.
G. Laterally brace suspension system where required.
3.04 LATHING MATERIALS
A. Apply metal lath taut, with long dimension perpendicular to
supports. Place projections of lath against supports.
C. Lap sides of diamond mesh lath minimum 1-1/2.inches.
D. Securely attach metal lath to metal supports using tie wire at
maximum 6 inches on center.
E. Continuously reinforce all internal angles with cornerite,
except where the metal lath forms the angle reinforcement.
Fasten cornerite at extreme edges only.
09205-2
G. Place 4 inch wide X 12 inch long strips of metal lath
diagonally at corners of all openings. Secure rigidly in place.
END OF SECTION
09205-3
SECTION 09210
r GYPSUM PLASTER
i
PART 1 GENERAL
1.01 WORK INCLUDED
A. Three coat gypsum plaster with spray applied finish coat.
1.02 RELATED WORK
A. Section 09205: Metal furring and lathing.
1.03 REFERENCE STANDARDS
A. ASTM C28 - "Gypsum Plasters"
B. ANSI A42.1 - "Specification for Gypsum Plastering"
1.04 ENVIRONMETAL CONDITIONS
A. Provide sufficient heat and ventilation in areas where work of
this Section is being performed, so as to allow gypsum plaster to
properly cure. Take all precautionary measures necessary to
ensure that excess temperature changes do not occur..
PART 2 PRODUCTS
2.01 PLASTER BASE COAT MATERIALS
A. U.S.G. Structo-Lite Gypsum Plaster
2.02 FINISHING PLASTER
A. U.S.G. Structo-Lite Gypsum Plaster
PART 3 EXECUTION
r-
3.01 PREPARATION
A. Verify that demolition and
removal of existing loose,
cracked
and peeling plaster is complete,
and that metal lath
is secure
r.
and straight.
B. Ensure grounds and blocking
within walls for other
sections of
work have been installed.
3.02 PLASTER MIXING
r
E
A. Mix and proportion plaster
in accordance with good
trade
practice and as recommended by
local Lath and Plaster
Insitute.
3.03 PLASTERING
r- 09210-1
A. Apply gypsum plaster as recommended by Local Lath and Plaster
Institute. Use the three coat system over metal lath.
B. Apply finish coat to minimum 1/8 inch thickness.
C. Match finish appearance of exisitng adjacent plaster work.
C. Maintain surface flatness, with maximum variation of 1/8 inch
in 10 ft.
END OF SECTION
09210-2
SECTION 09900
w PAINTING
F
PART 1 GENERAL
1.01 WORK INCLUDED
A. Prepare surfaces which are to receive finish.
B. Finish surfaces as indicated in schedule at end of this
section and in drawings.
C. Colors to match existing adjacent surfaces.
D. Wood stain to match exisitng adjacent surfaces.
1.02 DELIVERY, STORAGE AND HANDLING
A. Deliver paint materials in sealed original labelled
containers, bearing manufacturer's name, type of paint, brand
name, color designation and instructions for mixing and/or
reducing.
B. Provide adequate storage facilities. Store paint materials at
minimum ambient temperature of 45 degrees F. in well ventilated
area.
C. Take precautionary measures to prevent fire hazards and
spontaneous combustions.
1.03 PROTECTION
A. Adequately protect other surfaces from paint and damage.
Repair damage as a result of inadequate or unsuitable
protection.
B. Furnish sufficient drop cloths, shields and protective
equipment to prevent spray or droppings from fouling surfaces not
being painted and in particular surfaces within storage and
preparation area.
C. Place cotton waste, cloths and material which may constitute a
fire hazard in closed metal containers and remove daily from
site.
D. Remove electrical plates, surface hardware, fittings and
fastenings, prior to painting operations. These items are to be
carefully stored, cleaned and replaced on completion of work in
each area. Do not use solvent to clean hardware that may remove
permanent lacquer finish.
PART 2 PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Kelly Moore
*' 09900-1
B. PPG Industries, Inc.
C. Sherwin Williams
2.02 MATERIALS
A. Paint, Varnish, Stain, Enamel, Lacquer and Fillers:. Ready -
mixed, except field catalyzed coatings. Process pigments to a
soft paste consistency, capable of being readily and uniformly
dispersed to a homogenous coating with good flow and brushing
properties, and capable of drying or curing free of streaks or
sags.
B. Paint Accessory Materials: Linseed oil, shellac, turpentine
and other materials not specifically indicated herein but
required to achieve the finishes specified; of high quality and
approved manufacturer.
PART 3 EXECUTION
3.01 INSPECTION
A. Thoroughly examine surfaces scheduled to be painted prior to
commencement of work. Report in writing to Architect/Engineer,
any condition that may potentially affect proper application.
Do not commence until such defects have been corrected.
B. Correct defect and deficiencies in surfaces which may
adversely affect work of this section.
3.02 PREPARATION OF SURFACES
A. Remove electrical plates, hardware, light fixture trim,
escutcheons and fittings prior to preparing surfaces for
finishing.
B. Correct defects, patch and clean surfaces scheduled to receive
finishes. Remove existing coatings that exhibit loose surface.
charactistics'.
C. Seal with shellac any markings which may bleed through surface
finishes.
D. Plaster Surfaces: Fill hairline cracks, "small holes and
imperfections with patching plaster. Smooth off and retexture
to match adjacent surfaces. Wash and neutralize high alkali
surfaces where they occur.
3.03 APPLICATIONS
A. Apply each coat at proper consistency.
B. Do not apply finishes on surfaces that are not sufficiently
dry.
09900-2
C. Allow each coat of finish to dry before following coat is
applied, unless directed otherwise by manufacturer.
D. Where clear finishes are required, ensure tint fillers match
wood. Work fillers well into the grain before set. Wipe excess
from the surface.
E. Interior woodwork which is to receive stain and/or varnish
finish shall be backprimed with gloss varnish reduced 25% with
mineral spirits.
3.05 CLEANING
A. As work proceeds and upon completion, promptly remove paint
where spilled, splashed or spattered.
B. During progress of work keep premises free from any
unnecessary accumulation of tools, equipment, surplus materials
and debris.
C. Collect waste material which may constitute a fire hazard,
place in closed metal containers and remove daily from site.
3.06 PAINTING AND FINISHING SCHEDULE
A. Interior Plaster
1 Coat PPG Quick Drying Latex Primer -Sealer, 6-2
2 Coats PPG Speedhide Semi -Gloss Latex Enamel, 6-510
B. Interior Wood for Transparent Finish
1 Coat REZ Semi -Transparent Alkyd Oil Wiping Stain 77-302
2 Coats REZ Varnish Satin Clear 77-7
END OF SECTION
1" 09900-3
SECTION 10620
OPERABLE PARTITIONS
PART 1 GENERAL
1.01 WORK INCLUDED
A.'Operable partition panels, doors, operating hardware, track,
perimeter trim, panel finish material (except as indicated to be
provided by others).
1.02 SUBMITTALS
A. Indicate opening sizes, head, jamb, floor and moveable jamb
conditions, hardware, attachments.
B. Submit samples of all finish materials for approval.
C. Submit manufacturer's installation instructions under
provisions of Section 01300.
PART 2 PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Advanced Equipment Corporation, Fullerton, California;
telephone (714) 635-5350, FAX (714) 525-6083. Partition Type
2EC1B3S*3.
B. Substitutions: Under provisions of Section 01600.
2.02 OPERATION
A. Top supported, electrically operated, continuously hinged,
center stacked in relation to track centerline, with alternate
panels suspended from one four-wheel trolley. No floor track
required.
2.03 PANEL SUPPORT AND TRACK
A. Top Track shall consist of 6063-T6 aluminum alloy and 1/2" x
5/8" C1018 CR steel bar as running suirfaces. Track joints are
aligned by concealed dowels in the vicinity of the running
surface. Track brackets shall be 6063-T6 and shall interlock with
the top flange of the track. Hanger rods shall be 1/2" diameter
minimum. Brackets shall be spaced to limit the deflection to 0.08
inches due to applied trolley loads, but in no case greater than
5'-0" o.c. Brackets over stacking area shall have maximum spacing
of 2'-0" o.c. Independent labatory testing results shall be
supplied to the architect on request showing that a single track
bracket assembled with a section of track shall be capable of
supporting a 5,000 pound load.
r" B. Trolleys: 4-wheel trolley assembly with 1 3/4" tread diameter
steel wheels. Trolley roller bearings shall be precision ground
10620-1
solid race type, equipped with roller retainers, sealed, pre -
lubricated, and designed for a minimum service life of 1,000
hours at maximum loads. 3/4" diameter 'steel pendant bolt shall be
attached to the panel through a steel plate mounted through the
panel frame. Individual trolley capacity shall be 1300 pounds
minimum.
C. Mechanical Equipment: 208/240 volt, 3 phase electric operator
designed to move the wall at approximately 24 feet per minute,
with overload protection and gears operating in an oil bath.
Motor controls, limit switches, clutch, roller chain drive,
sprockets, interlock switch, key control switch located as shown
on plans, and all other necessary operating equipment shall be
provided. cable drive will not be permitted. Control circuits
shall be 24 volt.
2.04 PERIMETER SOUND SEALS
A. Multi -finger fixed -variable top seals and panel intersection
seals shall be formed from flexible PVC.,Automatic floor seals
shall accommodate a 1" minimum operational clearance between the
bottom of the panels and the floor. The seal shall be activated
by the final extension of the wall.
2.05 PANEL CONSTRUCTION
A. Acoustical incumbustible panel shall be approximately 3 1/2"
thick. Panel faces shall be 16 gauge steel sheets welded to 16
gauge steel channel perimeter frame with 14 gauge top rail. Panel
core shall consist of appropriate stiffening and sound
attenuating material. Panel weight shall be approximately 9.0
pounds per square foot. Entire perimeter of panel shall be
encased in aluminum alloy, overlapping face material 5/16". No
fasteners shall be visible on panel face surfaces when wall is in
an extended position. Panels assembled in sections, factory or
field assembled, are not acceptable. Panels with wood, particle
board or gypsum board components clad with steel sheets are not
acceptable.
2.06 SOUND CONTROL
A. Operable wall shall serve as an effective sound barrier with a
sound transmission class.rating of 53 db based on a full scale
labatory test in accordance with ASTM E90-70 conducted at a
recognized acoustical laboratory. Certification of such labatory
results shall be furnished to the Owner.
2.07 ACOUSTICAL PERFORMANCE
A. Provide field test report by recognized acoustical engineer
showing NIC 42 for operable wall of construction as hereinbefore
described.
B. Testing: At the owner's option and expense, operable walls may
be tested within 60 days after completion of installation, by an
independent professional acoustical engineer experienced in the
field of acoustical testing and analysis. Testing as follows:
10620-2
1. After the installation of the operable wall is complete and to
the satisfaction of the manufacturer or his designated
representative, the walls shall be set up by the manufacturer or
his representative and then field tested by an independent
acoustical consultant. Prior to testing the operable walls, the
consultant will examine flanking paths through the surrounding
building construction to determine that they will not
significantly affect the performance of the operable walls. The
C' manufactirer or his representative will observe the field testing
and make product adjustments as required.
2. Assuming the surrounding construction is such that the
operable wall is not significantly flanked by sound through the
surrounding construction, noise reduction shall be described as
NIC 42 or better.
3. Noise reduction requirements will be made in general
conformance with ASTM E336-76 as it is applied to measurement of
isolation between rooms. The NIC rating will be calculated in
accordance with ASTM E413-73.
4. Should the system fail to attain minimum requirements,.
corrections will be made by the responsible sub -contractor and
the wall tested again at the expense of the sub -contractor. This
procedure shall be repeared until all attain the required rating.
All supporting data shall be supplied to the architect within ten
(10) days to substantiate compliance.
2.08 FINISHES
A. Aluminum finish: 6063-T5 alloy, having Aluminum Association
finish AA-C22-A32, commercial medium bronze anodized. Track
soffit shall be 6063-T5 alloy, having Aluminum Association finish
AA-C22-A21, clear satin anodized. Mill finish, painted or dyed
aluminum will not be accepted.
B. Hardware: Exposed hardware to be powder coated to match with
panel aluminum edge trim. Flush pulls shall be injection molded
black A.B.S. with powder coated steel cover plate.
C. Panel finish: vertical rib wall carpet, 26 oz. per linear yard
�- 50" wide, flame spread 15, selected from manufacturer's standard
colors. Carpet perimeter to be protected by metal trim integral
to panel edge, top and bottom members.
2.09 ACCESSORIES
A. Pocket doors: north pocket door shall be of same construction
and finish as operable wall panels; south pocket door shall be of
same construction as operable wall panels, but shall have factory
applied vinyl finish to match existing and field applied wood
r. strips as detailed to match exisitng. Doors shall be complete
with full perimeter acoustic seals, full height jambs, hinges,
pulls and slot closure.
r` B. Pass door: as indicated on plan, shall have same construction
G and finish as wall panels. Door shall have two pair of hinges and
flush pull on both sides.
{- 10620-3
i
PART 3 EXECUTION
3.01 FIELD INSPECTION
A. Prior to installation, installer shall verify existing
structure and conditions affecting work of this section.
Installer shall verify all dimensions, openings, existing bolt
hole sizes and locations, grades and floor levels. Discrepancies
or unacceptable conditions shall be reported to the architect
prior to commencement of installation.
B. Commencement of installation shall constitute acceptance of
conditions .
3.02 INSTALLATION
A. Installation shall be performed under the supervision of a
factory -approved installer.
B. Installation shall be performed in accordance with
manufacturer's printed installation manual.
C. Operable walls shall be installed in a neat and workmanlike
manner with all adjoining panels functioning in true and plumb
alignment to form an effective operating sound barrier.
3.03 CLEAN-UP
A. Remove all debris from site.
B. Panels and all adjacent wall and ceiling surfaces shall be
thoroughly cleaned.
END OF SECTION
10620-4
FM
SPECIAL CONDITIONS
r-
P"
NOTICE OF ACCEPTANCE
We']
The City of Lubbock, having considered the proposals submitted and opened on the day of
199_, for work to be done and materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that
your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City
Council of the City of Lubbock on the day of 199 at the bid price contained therein, subject to the
execution of and furnishing of all contract documents, bonds, certificates of insurance, and 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 (513/6) 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
Owner's Representative
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