HomeMy WebLinkAboutResolution - 4775 - Contract - Quicksilver Contruction - Fleet Services Renovtion - 03_09_1995Resolution No. 4775
March 9, 1995
Item #24
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and Quicksilver Construction of Lubbock to furnish and install all
materials as bid for the Fleet Services Renovation, for the City of Lubbock, 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 9th day of
ATTEST.
Betty M.IJJohnson,City Secretary
APPROVED AS TO CONTENT:
Victor Kilman, Turchasing Manager
APPROVED AS TO FORM:
Uorrata u. v anaiver, v i
Assistant City Attorney
DGV:d&cdocs\QuikslvrAes
February 28, 1995
March 1995.
CITY OF LUBBOCK
SPECIFICATIONS FOR
FLEET SERVICES RENOVATIONS
BID #13159
CITY OF LUBBOCK
Lubbock, Texas
CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: FLEET SERVICES RENOVATIONS
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13159
PROJECT NUMBER: 9045.9211
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITIONS
NOTICE OF ACCEPTANCE
No Text
POW
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NOTICE TO BIDDERS
BID 013159
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 a.m. on the 15th day
of February,1995, 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:
FLEET SERVICES RENOVATIONS
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.
The City of Lubbock will consider the bids on the 9tb day of March,1995, 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
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 Bast 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
r- 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 8th day of February,1995, at 10:00 o'clock am_, in the Garage Conference Room,
324 Municipal Drive, 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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ADVERTISEMENT FOR BIDS
BID #13159
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 n.nL on the
15th day of February,1995, 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:
FLEET SERVICES RENOVATIONS
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, Vemon'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 8th day of February.1995, at 10:00 a.m., in the Garage Conference Room, 324
Municipal Drive, 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
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 FLEET SERVICES RENOVATIONS.
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
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
�". It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the
r 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. TWE AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 90 (Ninety) consecutive calendar days
from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the
progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take
such action as the City deems necessary to insure completion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an
affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by
the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been
notified.
MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will be
famished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor
of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the
project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full
responsibility of complying with this provision. The specifications for materials and methods set forth in the contract
documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.
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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.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04
of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the 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 all such underground lines
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work
contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
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
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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.
roll In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for
all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
further use only such methods as are currently utilized by persons, firms, or corporations; engaged in similar type of
construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be
the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the
site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable
the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however,
shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.
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 arty 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.
(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).
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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.
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21. 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.
(1) General Conditions.
(g) Special Conditions (if any).
g (h) Specifications.
(i) Insurance Certificates.
All other documents made available to bidder for his inspection in accordanceazth the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by
r reference into the aforementioned contract documents.
BID PROPOSAL
BIDPROPOSAL
LUMP SUM PROPOSAL CONTRACT
PLACE: Lubbock, Texas
DATE: February 15, 1995
PROJECT NUMBER: #13159 - FLEET SERVICES RENOVATIONS
Proposal ofK i no Consultants Inc. d b a Quicksilver Construct einafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your imitation forbids for the construction of a Fleet Service Renovation
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
construct the project in accordance Azth the plans, specifications and contract documents, within the time set forth therein and at tl
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents.
BASE BID:
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MMa _/L_i i s �I�I �� _tea/_1 �_� •
TOTAL BASE
ALTERNATE #1: Garage Roof and Insulation Repairs
MATERIALS:'J"-pli- ,A/ (S 57 '70o. 0D
SERVICES:
TOTAL ALTERNATE
ALTERNATE #2: Secondary Stairwell Renovations
MA'
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ALTERNATE #3: Overhead Door Replace
ment at Radio Shop
MATERIALS: AU ��►.�t� t -,tzy' _ d
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4 (Amount shall be shown in both words and figures. In case of discrep
ancy, panty, the amount shown in words shall govern.)
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Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice t,
JProceed" of the Owner and to fully complete the project within 90(Ninety) consecutive calendar days thereafter as stipulated in th
specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of
$100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for
completion of this project, all as more fully set forth in the general conditions of the contract documents.
r 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.
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4 The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
r scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or
r before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided it
the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a 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 a
a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award o
the contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check for N A
Dollars (S N/A ) or a Proposal Bond in the sum of Twelve Thousand Five un rL%ars (S 12 , 500 .),
which it is agreed shall be collected and retained by the 0wner as liquidated damages in the event the proposal is accepted by the
7 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.
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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.
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l King Consultants Inc. dba
J Quicksilver Construction
I Contractor
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Lo de Castle
1205 E. 46th Street
Lubbock, Texas 79404
I' (Seal if Bidder is rporation) 8 0 6— 7 6 3 —617 5
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Secr;ta4 Glenda King
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rr- ` &or INSURANCE COMPANY OF NEW YORK
ROCK HILL, NEW YORK
(A Stock Company)
Bond NO. 49197-39
!" BID BOND
l The American Institute of Architects
AIA Document No. A310 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS, that we
i, King Consultants, Inc. dba Quicksilver Construction
as Principal, and Frontier Insurance Company of New York, Rock Hill, New York 12775, a corporation duly or-
} • ganized under the laws of the State of New York as Surety, are held and firmly bound unto
1 City of Lubbock 000 FIVE PERCENT OF AMOUNT BID BY PRINCIPAL NOT TO EXCEED $250
as Obligee, in the sum of ,
AND THE PENALTY AMOUNT SHALL NOT EXCEED Dollars ($ 12,500.00 ),
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, successors and assigns, jointly and severally, firmly by these presents.
I WHEREAS, the Principal has submitted a bid for
Lubbock #13159 Fleet Services Renovation
NOW, THEREFORE, if the Obligee shall acceptthe bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for
the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference
not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation
shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 15th
FM 19-1187-FNY (12/93)
day of February
19 95
King Consultants, Inc. dba
Quicksilver Construction
(Princi
(SEAL)
( itle)
F NTIER INSURANCE COMPANY OF NEW YORK
,?fety)
(SEAL)
Laura Espinoza Attorney -In -Fact
W•7626.12193-2M
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N �ranl�ier INSURANCE COMPANY OF NEW YORK
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Z ROCK HILL, NEW YORK 12775-6000
0 (A Stock Company)
ID
e POWER OF ATTORNEY
m Tttta(u A11 pen JBV T4esr presrtltS: That FRONTIER INSURANCE COMPANYOF NEW YORK, a New York Corporation, having its
Oprincipal office in Rock Hill, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of
0 November, 1985:
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"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint
Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bid bonds only, and to attach thereto the
y corporate seal of the Company, in the transaction of its surety business;
"RESOLVED, that the si natures and attestations of such officers and the seal of the Company maybe affixed to an such Power of
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O Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile
m signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to bid bonds only;
"RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect
m may insertin such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -In -Fact."
cc This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
O
U. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: DONAL BOLEY STEVE DEAL
•. LAURA ESPINOZA STACI GROSS
to of WICHITA FALLS , in the State of TEXAS
Z its true and lawful Attorney(s) -in- Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge
O and deliver in its behalf, and as its act and deed, without power of redelegation, as follows:
BID BONDS ONLY
m CONTRACT AMOUNT NOT TO EXCEED $5,000,Ot)0.00
cc 3110, itttess �hered, FRONTIER INSURANCE COMPANY OF NEW YORK of Rock Hill, New York, has caused this Power of Attorney to
0 be signed by its President and its Corporate seal to be affixed this 14th day of FEBRUARY • 19 92
IL
FRONTIER INSURANCE COMPANY OF NEW YORK
•
s AAA ,,
♦ F
U) 6-S-11
V - pPO*.a C. .
C3o $1
Z . ° SEAL i
mState of New York '�.,wa BY:
County of Sullivan as.: WALTER A. RHULEN, President
m On this 14th day of FEBRUARY 19 92 , before the subscriber, a Notary Public of the State of
New York in and for the County of Sullivan, duly commissioned and qualified, came WALTER A. RHULEN of FRONTIER INSURANCE
O COMPANY OF NEW YORK, to me personally known to be the individual and officer described herein, and who executed the preceding
instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the
• Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal
and signature as an officer were duly affixed and subscribed tothe said instrument by the authority and direction of the Corporation, and
N that the resolution of the Company, referred to in the preceding instrument, is now in force.
Z13111rstittto ttp A111ered, I have hereunto set my hand, and affixed my official seal at Rock Hill, New York, the day and year above
O written.
SZ�NE
0
m ° poTARY'"
CHRISTINE I. LANE
U. a Or 'K Notary Public State of New York
Sullivan County Clerk's No. 1996
• Commission Expires May 2, 1996
0 CERTIFICATION
0 I, JOSEPH P. LOUGHLIN, Secretary of FRONTIER INSURANCE COMPANY OF NEW YORK of Rock Hill, New York, do hereby certify
cc that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,
0 are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect.
m 31n Witttrse Whcreuf, I have hereunto set my hand and affixed the facsimile seal of the corporation this 1 Sth day of
cc 0 February 19 95
U.
aFJIL •
•
• W,', �V rod '
U) . - —
p "�.,w,; JOSEPH P. LOUGHUN, Secretary
Z
m 018 ao:d • Sallos ais aoj • Sallos als ao:d • SONos 018 ao:d • sallos a18 HOJ • SONOa a1`
FM 19-5002-BB-FNY(4/94) w-8"2-4i94-3M
0
U
cn
O
f+
a
„� .�� ,....., r"'1 r"'_s f""► r� r.....� I_'_� iY �._._.i �`I (`1 �'-1 t-1 ('—'7 1� C`1 'i'"'1
PAYMENT BOND
r.,
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATE%5BY �-
r^.
E,
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
r OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
.� 1959
King Oasalt m , Inc. cba Qaicksilver Qmsba Vtian
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as
Principal(s), and
Frontier Insurance Company of New York
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in
�. the amount of $ 27, 664.00 Dollars (S 27,664.00 ) lawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9th day of
May , 19 95 , to
Bid #13159-Fleet Services Renovation
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if th.- 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 on this bond shall be determined in
accordance with the provisions of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 15th day of
March 19- (a.
King Consultants, Inc. dba
Frontier Insurance Company of New York
Surety
*By y--
(Title) Att rney-in-Fact
F
By:
(Title)
O
�• :rantier INSURANCE COMPANY OF NEW YORK
ROCK HILL, NEW YORK
(A Stock Company) ^'0 - 101 C 2 _ NY
POWER OF ATTORNEY J
Tinuixt All �Hcit 13U 14csc 13res cats: That FRONTIER INSURANCE COMPANY OF NEW YORK, a New York Corporation, having its principal
office in Rock Hill, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November,1985:
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-
Factto represent and actfor and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
r "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney
orto any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of
indemnity or writing obligatory in the nature thereof;
"RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert In
such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact"
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT: DONAL BOLEY STEVE DEAL STACI GROSS
LAURA ESPIHOZA
of WICHITA FALLS , in the State of TEXAS
its true and lawful Attorney(s)- in -Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and
deliver in its behalf, and as its act and deed, without power of redelegation, as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than
insurance policies: and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law
allowed; IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED FIFTY THOUSAND ($850,000.00) DOLLARS; and to bind FRONTIER
INSURANCE COMPANY OF NEW YORK thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of FRONTIER INSURANCE COMPANY OF NEW YORK, and all the acts of said Attorneys) -in -Fact pursuant to the
authority herein given are hereby ratified and confirmed.
,In Wititcss W4crcef, FRONTIER INSURANCE COMP fZYOF NEW YORK of RQ 14� v��York, has caused this Power of Attorney to be �gned
by its President and its Corporate seal to be affixed this �'*th day of r11=1 Y , 19 �L .
FRONTIER INSURANCE COMPANY OF NEW YORK
OI SNL
BY:
State of New York WALTER A. RHULEN, President
County of Sullivan ss.: ��•
On this 14th day of FEBRUARY 19 92 , before the subscriber, a Notary Public of the State of
New York in and forthe County of Sullivan, duly commissioned and qualified, came WALTER A. RHULEN of FRONTIER INSURANCE COMPANY OF
NEW YORK to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and
acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he Is the officer of the Company aforesaid, and that
the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly
affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in
the preceding*instrument, Is now in force.
,'3n Zraiiinang Milerrnf, I have hereunto set my hand, and affixed my official seal at Rock Hill, New York, the day and year above written.
- 0 .1 L�js�alv�,
CHRISTINE 1. LANE
Notary Public State of New York
Sullivan County Clerk's No. 1996
Commission Expires May 2, 1994
CERTIFICATION
r I, JOSEPH P. LOUGHLIN, Secretary of FRONTIER INSURANCE COMPANY OF NEW YORK of Rock Hill, New York, do hereby certify that the
foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct,
and that both the Resolution and the Powers of Attorney are in full force and effect
PM In Witness 04crruf, I have hereunto set my hand and affixed the facsimile seal of the corporation this 15th day of
March 19 95
044,
W .. �• 70f • f : f
p FM 19-5002-FNY (10/93) J SEPH P. LOUGHLIN, Secretary
PERFORMANCE BOND
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATO " BY
k
r, STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CTVM STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
F
King 03multants, Inc. cba Qzic silvr Cbns�'cn
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
Fitntier 1116 a'ne Wrpeny of N4 Yb k
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in
the amount of $27, 664. 00 Dollars ($ 27, 664 • 00 ) lawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
,jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9th day of
W , 19-25 to
Bid #13159—Fleet Services Renovation
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, TiH REFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise
to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of.Article 5160 of the Revised Civil Statutes
of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in
accordance with the provisions of said article to the same extent as if it were copied at length herein.
IN WITNESS WIIEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 15Way of
Ma rnh , 19—.
Frontier Insurance Company of New York
Surety
« By
(Title) Attorney in —Fact
King Consultants, Inc. dba
ji k;zi l a .,onstruction
Principal
B. :
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
gel grin Lubbock County to whom any requisite notices may be delivered and on whom service of —'
process may be had in matters arising out of such suretyship.
Boles--�� I os Company —
'f nrety� • dazt Agait
'By —
(TitleMmx as fit: Agazt
Approved as to Form —
City of Lubbock
By. —
City A icy
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this —
person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files:
• V ,
I � O
�ronEier INSURANCE COMPANY OF NEW YORK
ROCK HILL. NEW YORK
(A Stock Company) N 2 _ 10152 —NY
POWER OF ATTORNEY
iatloiu All 'Brit 33 g Thear Prrarttta: That FRONTIER INSURANCE COMPANY OF NEW YORK, a New York Corporation, having its principal
office in Rock Hill, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November,1985:
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -
Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
t "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be Mixed to any such Power of Attorney
or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of
7 indemnity or writing obligatory in the nature thereof
"RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in
such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact"
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT: DONAL BOLEY STEVE DEAL STACI GROSS
LAURA ESPINOZA
of WICHITA FALLS in the State of TEXAS
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and
deliver in its behalf, and as its act and deed, without power of redelegation, as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than
insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law
allowed; IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED FIFTY THOUSAND ($850,000.00) DOLLARS; and to bind FRONTIER
INSURANCE COMPANY OF NEW YORK thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of FRONTIER INSURANCE COMPANY OF NEW YORK, and all the acts of said Attorneys) -in -Fact pursuant to the
authority herein given are hereby ratified and confirmed.
3n Vitnras V4crrof, FRONTIER INSURANCE COMPANY OF NEW YORK of RO�k I{� York, has caused this Power of Attorney to be ned
by its President and its Corporate seal to be affixed this 14th day of r E V„�� .19 41 .
FRONTIER INSURANCE COMPANY OF NEW YORK
0 1 �.
Flois 19"
.,, +tip. BY:
L State of New York County of Sullivan ss.: ; ' WALTER A. RHULEN, President
On this 14th day of FEBRUARY , 19 92 , before the subscriber, a Notary Public of the State of
I New York in and for the County of Sullivan, duly commissioned and qualified, came WALTER A. RHULEN of FRONTIER INSURANCE COMPANY OF
t NEW YORK to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and
acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he4s the officer of the Company aforesaid and that
the seal affixed to the preceding instrument In the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly
affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in
the preceding instrument, Is row in force.
,3n Teatimuttg 04ereuf, I have hereunto set my hand, and affixed my official seal at Rock Hill, New York, the day and year above written.
`�ZINL?
u=�O q4y�
_.__.fir CHRISTINE 1. LANE
eR we Notary Public State of New York
Sullivan County Clerk's No. 1996
Commission Expires May Z 1994
CERTIFICATION
1, JOSEPH P. LOUGHLIN. Secretary of FRONTIER INSURANCE COMPANY OF NEW YORK of Rock Hill, New York, do hereby certify that the
foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correc,
and that both the Resolution and the Powers of Attorney are in full force and effect
,3n Xitness Xhrrraf, 1 have hereunto set my hand and affixed the facsimile seal of the corporation this 15th day of
March 19 95 AUMjkv
I =UAL♦
rti119-5002-FNY (10/93) .. „ J SEPH P. LOUGHLIN, Secretary
7
CERTIFICATE OF INSURANCE
......................
DATE (MM/DD/YYI
03/14/95
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
806-763-4005 A Texas Workers' Comp. Ins. Fund
I Pm INSURED King Consultants, Inc. COMPANY
dba Quicksilver Construction B American Fidelity Lloyds Ins.
dba Texas Mill Works
Insulation III COMPANY
Henry King, President C Commercial Union Lloyds Ins.
1205 E. 46th Street COMPANY
Lubbock TX 79404 D
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
DATE (MMIDD/YY)
POLICY EXPIRATION
DATE (MMIDDIYY)
LIMITS
C
Ot7JERALLIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ® OCCUR
OWNER'S & CONTRACTOR'S PROT
GRW842966
01/15/95
01/15/96
GENERAL AGGREGATE
• 1, 000, 000
X
PRODUCTS - COMP/OPAGG
• 1,000,000
PERSONAL & ADV INJURY
• 1, 000, 000
EACH OCCURRENCE
• 1, 0 0 0 , 0 0 0
FIRE DAMAGE (Any one fire)
• 50,000
MED EXP (Any one pereonl
• 51000
B
B
B
B
AUTOMOBILE
LIABILITf
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
Autos other
BA 3832620 01
02/18/95
02/18/96
COMBINED SINGLE LIMIT
• 1, 000, 000 ,
BODILY INJURY
Me, person)
•
X
X
BODILY INJURY
(Pei, eeddent)
•
X
NOwned
PRDPERrr DAMAGE
•
than private pass
i
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
•
OTHER THAN AUTO ONLY:
EACH ACCIDENT
•
AGGREGATE
•
C
EXCESS LIABILITY
X UMBRELLA
OTHER THAN UMBRELLA FORM
REQUESTED CU
01/15/95
O1/15/96
EACH OCCURRENCE
• 1, 0 0 0 , 0 00
AGGREGATE
• 1, 000, 000
•
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
T-HEPROPRIETOR/ X tNCL
PARTNERS/EXECUTIVE
OFFICERS ARE: X Exa
TEP105334-02
TSF105334-02
11/17/94
11/17/94
11/17/95
11/17/95
STATUTORY LIMITS
EACH ACCIDENT
• 500, 000
DISEASE -POLICY LIMIT
•500,000
DISEASE - EACH EMPLOYEE
•500,000
OTHFR
4i I I I I I
i DESCRIPTION OF OPERATIONSA.00ATIONS/YEHICLES/SPECM ITEMS
Bid # 13159-Fleet Service's Renovation.
( CITY0 05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
r� EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City of Lubbock 10 DAYS WRITTEN NOTICE TO THE CI Rwr-ATE HOLDER NAMED TO THE LEFT,
1- Building Inspection
P.O. BOX 2000 BUT FAILURE IMPOSE
RE TO MAIL SUCH NOTICE SHALLPOSE NO OBLIGATION OR LIABILITY
Lubbock TX 79457 - OF ANY KIND UPO THE COMPANY.A%AGENTS OR REPRESENTATIVES.
AUTHORIZED P4WENTATME
c, J�4
::::.!•:.:•:::}::::::::.:::.:;::<:'r':%% :: .;;•:.::?:::Si#<'•'rE DATEOMMND/YYI
05 oa 95
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND NO RIGHTS UPON THE FICATE
ilmore Insurance Agency, OLDER. THISNFERS CERTIFI ATE DOES NOT AMEND, n
E:y
g , Inc.Inc .
EXTEND OR
P. 0. Box 12030 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
!-Lubbock TX 79452-2030 COMPANIES AFFORDING COVERAGE
COMPANY
806-763-4005 A Texas Workers' Comp. Ins. Fund
INSURED COMPANY
l King Consultants, Inc. B American Fidelity Ins. Cos.
dba Quicksilver Construction
Henry King, Individual COMPANY
Henry King, President C Commercial Union Ins. Cos.
1205 E. 46th Street COMPANY
Lubbock TX 79404 D Associated International
:':i?:C-::>'iiiiiiii:isi<:':i::i:::•:•:F::iiiii:ii`i'ii i::ii::>i$:::`:iii:t:v:iii:::'::_::i::ii:iiiiii:iiJ:iti?::•:::::�i:iiJi�ii}ii: iiiii:i+::::::::i:`i :;i:i:iti:::ii::i:iii::: is
CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED •NAMED
..A..
THIS IS TO NAMEDD ROVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TEAM 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 PI
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXRATION LIMITS
GENERAL DATE (MMIDDIYY) DATE (MMIDOIYY)
GENERAL LIABILITY GENERAL AGGREGATE 41,000,000
C X COMMERCIAL GENERAL LIABILITY GRW 842966 04/06/93 04/06/96 PRODUCTS -COMP/OPAGG •1,000,000
CLAIMS MADE ®OCCUR PERSONAL & ADV INJURY $1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000
FIFE DAMAGE (Any one flee) $ 50,000
MED EXP (Any one person) t 51000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 41,000,000
ANY AUTO BA 3832620 01 02/18/95 02/18/96
ALL OWNED AUTOS
BODILY INJURY
B X SCHEDULED AUTOS (Per person)
B X HIRED AUTOS
BODILY INJURY 4
B X NON -OWNED AUTOS (Per seddent)
PROPERTY DAMAGE 1
GARAGE LIASIJTY AUTO ONLY . EA ACCIDENT 4
ANY AUTO OTHER THAN AUTO ONLY: %:#;::;`:;;::: "<'r'•.,'••.{i;:•,,•„St
EACH ACCIDENT
AGGREGATE
E)ECESS LIABILITY EACH OCCURRENCE 61,000,000
C X UMBRELLA FORM SPD 15389 05/01/95 05/01/96 AGGREGATE $1,000,000
pw OTHER THAN UMBRELLA FORM $
A WORKERS COMPENSATION AND ..
X STATUTORY LIMITS ?: 'Si i ;.....5
EMPLOYERS' LIABILITY ...........:,:.>}: }>:......
A EACH ACCIDENT • 500, 000
THE PROPRIETOR( NX
INCL TSF105334-02 11/17/94 11/17/95 DISEASE -POLICY LIMIT 45001000
wo PARTNERSIEXECUTWE
OFFICERS ARE: EXCL TSF105334-02 11/17/94 11/17/95 DISEASE - EACH EMPLOYEE 4500,000
OTHER
C Builders Risk BOUND Cu 04/06/95 07/06/95 All Risks 27,664.00
— C OCP-City Lubbock BOUND CU 04/06/95 04/06/96 OCP 500,000.00 i
DESCRIPTION OF OPERATIONSA.00ATiONSNEHICLESISPECLAL ITEMS
This for Fl1eet SQQrvice Rennova oa at 3 4 Municipal Dive, Lubbock TX
— Cityy. ggff Lubbock is named a d tioaal nsured on Busine s Auto and Gene al
>Griabil3ty. City of Lubbock to nsur d on OCP policy. Waver of Subrogation
in favor of C ty of Lubbock app icab�e to the Wor era' Compensation.
City of Lubbock
P.O. Box 2000
Lubbock TX 79457-
C=0 O 5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUMIG COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO MAIL SUCH NOTICE SH,Of IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY. FE, 7GIENTS OR REPRESENTATIVES.
t:
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project,for the duration of the project based on proper
reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to
beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity
will have on file certificates of coverage showing coverage for all persons providing services on the
project; and
03) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of
the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor
knew or should have known, of any change that materially affects the provision of coverage of any person
r" providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are required to be
covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice
does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be
printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common
to the worker population. The text for the notices shall be the following text provided by the commission on the
sample notice, without any additional words or changes:
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REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see reverse) be
covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or
providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an
employee."
"Call the Texas Workers' Compensation Commission at 51V440- 3789 to receive information on the legal requirement for
coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to
provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements for all of its employees providing services on the project, for the duration of the
project;
(13) 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 overage 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 overage, 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 overage of any
person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) -
(H), with the certificate of coverage to be provided to the person for whom they are providing services. ❑
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81
LL
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F
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 9th day of March, 1995, 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 Lubbock. County of IAbbeck 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 913159 - FLEET SERVICES RENOVATION FOR S27,664.00
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 famish 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.
ATTEST:
Secre
ATTEST:
Corporate Secretary
CONTRACTOR:
By:
TrrL>r:
COMPLETE ADDRESS:
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GENERAL CONDMONS OF THE AGREEMENT
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7 1. OWNER
GENERAL CONDITIONS OF THE AGREEMENT
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be
r" understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: QUICKSMVER 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 shall be understood as referring to
GEORGE LISENBE, BUILDING & ENERGY MANAGEMENT ADMINISTRATOR 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 required), General Conditions of the Agreement, Special Conditions of the Agreement (if
any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
S. INTERPRETATION OF PHRASES
t
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.
WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the contract 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.
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 famished 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 cxecuted 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 DITTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative
shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further
agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction
thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of
said Contractor. The Owner's 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
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
appealing.
15. SUPEEPJNTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time
such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the
materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is
done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance
required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work The
Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so
appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer,
supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the
work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the 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 may be required by law or the contract documents.
If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
r observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by
the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests,
inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the
requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the
r Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by owner, Owner's
Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve
the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with
l^ 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 work 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
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
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 (1501a) 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 1000/a, 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 (1511e) 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 Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase 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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4 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
r. 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,
r 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 any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the
Owner's Representative concerning omissions under this paragraph as the work 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.
28. CONTRACTOR'S INSURANCE
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 Insurancewith 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)
r, 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.
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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, $5M.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 100% of the total contract price (100% of
potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $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
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in C406.096) - 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
employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the
duration of the project.
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The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded
the contract.
4. N the coverage period shown on the contractor's current certificate of coverage ends during the duration of
the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage
with the governmental entity showing that coverage has been extended.
S. The contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
The contractor shall retain all required certificates of coverage for the duration of the project and for one
year thereafter.
7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project.
8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
The contractor shall contractually require each person with whom it contracts to provide services on the
project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts and
r-- filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
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(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially affects the provision
of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by paragraphs
(1) - (7), with the certificates of coverage to be provided to the person for whom they are
providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is
representing to the governmental entity that all employees of the contractor who will provide services on
the project will be covered by workers's compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured,
with the commission's Division of Self -Insurance Regulation. Providing false or misleading information
may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
I I . The contractor's failure to comply with any of these provisions is a breach of contract by the contractor
which entitles the governmental entity to declare the contract void if the contractor does not remedy the
breach within ten days after receipt of notice of breach from the governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such
certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at the
address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the project
based on proper reporting of classification codes and payroll amounts and filling of any coverage
agreements;
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(b) provide a certificate of coverage showing workers' compensation coverage to the governmental
entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's current
certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(ii) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project that they
are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed in at least 19 point normal type,
and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text provided by the commission on
the sample notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVER4GE
"The Jaw 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 5I71440-3789 to receive information
on the legal requirementfor coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverage." and
(h) contractually require each person with whom it contracts to provide services on a project, to:
(i) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the
project, for the duration of the project;
(ii) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
r., (iii) include in all contracts to provide services on the project the language in subsection (e)
(3) of this rule;
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(iv) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the overage period, a new certificate of coverage showing
extension of the overage period, if the overage period shown on the current
certificate of overage ends during the duration of the project;
(vi) retain all required certificates of overage on file for the duration of the project and for
one year thereafter,
(vii) notify the governmental entity in writing by certified mail or personal delivery, within
10 days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to perform as required
by paragraphs (A) - 0, with the certificate of coverage to be provided to the person for
whom they are providing services.
29.1 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 famished 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.
Any and all communications between any party under this paragraph must be in writing.
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
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
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
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'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, 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 essenthil 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. T1ME AND ORDER OF COMPLETION .
r 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
r.. 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
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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.
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 disagree 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 ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered,
which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any
damage or injury by reason of said process.of construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the
Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing
out of the 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.
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i 40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the 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
r 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
r 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 S% of the amount thereof; which S% 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 fatult 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 provision:-, 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.
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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
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. TWE OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any
directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to
such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
the Owner or the Owner's Representative, or if the Contractor fails to comply with the 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
r. 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 shell 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 cast 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
r. 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
delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the
balance due as reflected by said statement within 30 days after the date of certificate of completion.
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 elW. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been 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 ONNmceS 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
rall other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner
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who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance
shown by said final statement as due the Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160,
Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to
do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so
furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and 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 Representative or to the Contractor's own employees or to any other
person, firm, or corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave
the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may
remove the debris and charge the cost to the Contractor.
CURRENT WAGE DETERMWAnONS
F
F
Resolution 7 250Z
January 8, 1987
Agenda Item T#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 Lubbo(
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; ai
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted Februar
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.
Ranette.-Boyd, City Secretary
APPROVED AS T ONTENT:
8i 1 P yne, D rector of Building
Services
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
�1
Donald G. Vandiver, First
Assistant City Attorney
7
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
Fl agger
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
ftourl v 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.
r
f
{
SECTION 4A0
UNIT MASONRY
Standards: Comply with recommendations of National Concrete
Masonry Assoc. (NCMA).
Glazed Concrete Masonry Units (CMU): ASTM C 90, Grade N-I.
Match existing
Portland Cement: ASTM C 150, Type I; match existing
Lime: Hydrated lime, ASTM C 207, Type S.
Sand for Mortar: ASTM C 144, or finer if needed for joint sizes
less than 1/411.
Water:. Clean and Potable.
Masonry Veneer Anchors: 22-gage corrugated steel, 1" wide, 1.5 oz.
hot -dip zinc coating or 7-mil copper coating, for wood.
Install (lay) masonry units: in running bond to match existing.
Hold uniform Joint sizes as indicated, or if not indicated, hold
joint sizes to suit modular size of masonry units.
Clean glazed masonry with soft cloths, soap, and water. Do no
scratch glaze.
If above cleaning is unsuccessful, as judged by the Architect,
clean with acid, complying with BIA recommendations.
END OF SECTION
UNIT MASONRY
4A0-1
r
SECTION 5J0
METAL FABRICATIONS
Codes and Standards: AISC "Specifications for the Design,
Fabrication and Erection of Structural Steel for Buildings";
AWS "Structural Welding. Code"; comply with applicable
provisions unless otherwise indicated.
Shop Drawings: Show complete details and instructions for
fabrication, assembly, and installation. Furnish anchor
bolts required for installation in other work; furnish
templates for bolt installation.
Inserts and Anchorages: Furnish inserts and anchoring
devices to be built into other work for installation of
miscellaneous metal items; coordinate delivery to job site
to avoid delay.
Steel Plates, Shapes, Bars: ASTM A 36.
Cold -Formed Steel Tubincr: ASTM A 500, Grade B.
Steel Pipe: ASTM A 53, Type E or S, Grade B.
Structural Cold -Rolled Steel Sheets: ASTM A 570.
Concrete Inserts: Malleable iron (ASTM A 47) or cast steel
(ASTM A 27) inserts, with steel bolts, washers and shims;
hot dip galvanized.
Shop Paint: FS TT-P-86, Type II, or, SSPC-Paint 14. Apply
to cleaned and degreased steel surfaces at rate to provide a
2.0-mil dry film thickness.
Fabrication. General: Use materials of size and thickness
shown or, if not shown, of required size and thickness to
produce strength and durability in finished product. Shop -
paint all items not specified to be galvanized after
fabrication.
Weld corners and seams continuously; grind exposed welds
smooth and flush.
Form exposed connections with hairline, flush joints;
use concealed fasteners where possible.
Steel Pipe Railings: Fabricate to dimensions shown, with
smooth bends and welded joints using 1-1/2 steel pipe, unless
otherwise shown. Secure posts and rail ends to building
construction as indicated.
METAL FABRICATIONS 5JO-1
Provide black steel pipe for interior railings, primed
after fabrication.
Installation: Perform cutting, drilling and fitting required
for installation; set work accurately in location, alignment
and elevation, measured from established lines and levels.
Provide anchorage devices and fasteners where necessary for
installation to other work.
Touch-up shop paint after installation. Clean field
welds, bolted connections and abraded areas, and apply
same type paint as used in shop. Use galvanizing repair
paint on damaged galvanized surfaces.
END OF SECTION
METAL FABRICATIONS
5JO-2
SECTION BK0
WOOD DOORS
Standards: Comply with requirements of ANSI/NWMA I.S. 1 and
Section 1300 of AWI "Architectural Woodwork Quality
Standards" except as otherwise indicated.
Product warranty on door mfr's standard form, signed by
Mfr., Installer, and Contractor, agreeing to repair or
replace defective doors as defined by referenced
standards. Warranty shall be in effect during following
periods of time after date of substantial completion.
Solid Core Flush Interior Doors: Life of
installation.
General Wood Door Requirements:
Face Panels: Mfr's standard 2 or 3-ply face panels, unless
otherwise indicated.
Exposed Surfaces: Same exposed surface material on both
faces of each door, except as otherwise indicated.
Interior Solid Core Flush Doors for Transparent Finish:
Match existing doors.
Prefit and premachine wood doors at factory. Coordinate with
builders hardware and door frame requirements.
Installation•
Install doors to comply with mfr's instructions.
END OF SECTION
WOOD DOORS 8KO-1
C.
SECTION 8J2
STEEL DOORS AND FRAMES
Standards: Comply with Steel Door Institute "Recommended
Specifications for Standard Steel Doors and Frames" (SDI-
100), and as herein specified.
Submittals: With manufacture's standard details and
specifications for steel doors and frames, submit shop
drawings showing application to project, as required.
Manufacturer: One of the following or equal:
Amweld Bldg. products Div.; Ceco Corp. Curries'Mfg.Inc.;
Dittco Prod.Div.; Fenestra; Mesker Ind.,Inc.; Republic
B1drs.Prod.Corp.; Steelcraft Mfg. Co.
Frames: Comply with SDI-100, of the types and styles
indicated, for materials quality, metal gages, and
construction details.
Provide standard hollow metal frames for doors as
indicated.
Prepare frames to receive 2 silencers on strike jambs of
single -swing frames.
r- Provide 26 ga. steel plaster guards or mortar boxes,
w welded to frame, at back of hardware cutouts where
installed in.concrete, masonry or plaster openings.
r�
Installation: Install hollow -metal units in accordance with
mfr's instructions and final shop drawings (if any). Fit
doors to frames and floors with clearances specified in SDI-
[ l 100.
END OF SECTION
STEEL DOORS AND FRAMES 8J2-1
SECTION 9E0
ACOUSTICAL CEILINGS
Standards:
Acoustical Materials: FS SS-S-118.
Suspension Systems: ASTM C 635 for materials; ASTM C 636 for
installation. Match existing.
Tyne III Panels - Mineral Composition with Standard Washable
Painted Finish: Match existing.
Suspension system: As required to support acoustical units,
fixtures and other components as indicated, including
anchorages, hangers, runners, cross runners, splines, clips,
molding, fasteners and other members, devices and
accessories. Comply with requirements of ASTM C 635.
Hanger wire: Not less than 12 gage (0.10611) galvanized steel.
Type: Exposed Direct -Hung Steel Suspension System.
Exposed Runner Type: Single Web.
Structural Class: Intermediate_ -Duty System.
Finish: Painted, match existing.
Edge Moldings: Metal channel type with single flange exposed.
Finish: Painted to match existing.
INSTALLATION:
Lay -out: Balance ceiling borders on opposite sides, using
more -than -half width acoustical units.
Tolerance: 1/8" in 12'-0" level tolerance.
Suspension System: Secure to building structure, with
hangers spaced 4'-0" along supported members.
Edge Moldings: Secure to substrate with screw anchors spaced
16" o.c. Set with concealed bead of acoustical sealant.
Miter corner joints.
Cope exposed flanges of intersecting suspension members
for flush intersections.
Install acoustical panels with hold-down clips; space as
recommended by panel manufacturer.
END OF SECTION
ACOUSTICAL CEILINGS 9E0-1
P
SECTION 9N0
RESILIENT FLOORING
GENERAL
RELATED DOCUMENTS:
The general provisions of the Contract, including
General and Supplementary Conditions and General Requirements
(if any), apply to the work in this section.
DESCRIPTION OF WORK:
The extent of resilient flooring and accessories is shown on
the drawings and in schedule.
OUALITY ASSURANCE•
Wherever possible, provide resilient flooring and accessories
produced by a single manufacturer.
Submittals:
Manufacturer's Data; Resilient Flooring: For information
only, submit 2 copies of manufacturer's technical data and
installation instructions for each type of resilient flooring
and accessory. Transmit a copy of each installation
instruction to the Installer.
Maintenance Instructions; Resilient Flooring Submit 2
r copies of manufacture's written instructions for recommended
s maintenance practices for each type of resilient flooring and
accessories.
PRODUCTS
Colors and Patterns: Match existing resilient flooring and
base as indicated. Color is selected by Architect from
manufacture's standard colors.
Metal Edge Strips (MtEdStp): Of width shown and of required
thickness to protect exposed edge of resilient flooring.
Provide units of maximum available length, to minimize number
of joints.
Material: Extruded aluminum with mill finish, unless
otherwise shown.
r- Type: Butt type metal edge strips for concealed
anchorage.
Adhesive (Cement): As recommended by flooring manufactures
f to suit material and substrate conditions.
RESILIENT FLOORING 9N0-1
I
Concrete Slab Primer: Non -staining type as recommended by
flooring manufacturer.
EXECUTION
INSPECTION:
Installer must examine the areas and conditions under which
resilient flooring and accessories are to be installed and
notify the Contractor in writing of conditions detrimental to
the proper and timely completion of the work. Do not proceed
with work until unsatisfactory conditions have been corrected
in an manner acceptable to the Installer.
PREPARATION•
Prior to laying flooring, broom clean or vacuum surfaces to
be covered and inspect subfloor. Start of -flooring
installation indicates acceptance of subfloor conditions and
full responsibility for completed work.
Use leveling compound as recommended by flooring
manufacturer for filling small cracks and depressions in
subfloors.
INSTALLATION•
General:,
Install flooring after finishing operations, including
painting, have been completed and permanent heating systems
is operating. _Moisture content of concrete slabs, building
air temperature and relative humidity must be within limits
recommended by flooring manufacturer.
Place flooring with adhesive cement in strict compliances
with manufacturer's recommendations. Butt tightly to
vertical surfaces,;thresholds, noising and edging. Scribe
around obstructions and to produce neat joints, laid tight,
even, and straight. extend flooring into toe spaces, door
reveals, and into closets and similar openings.
Maintain overall continuity of color and pattern with pieces
of flooring installed in these covers. Tightly cement edges
to perimeter of floor around covers and to covers.
Tightly cement flooring to subbase without open cracks,
voids, raising and puckering at joints, telegraphing of
adhesive spreader marks, or other surface imperfections.
RESILIENT FLOORING 9NO-2
77
Accessories: Apply resilient base to walls, columns,
pilasters, casework and other permanent fixtures in rooms or
areas where base is required. Install base in as long
�^ lengths as practicable, with preformed corner units, or
fabricated from base materials with materials or coped inside
corners. Tightly bond base to backing throughout the length
of each piece, with continuous contact at horizontal and
e vertical surfaces.
CLEANING AND PROTECTION:
Remove any excess adhesive or other surface blemishes, using
neutral type cleaners as recommended by flooring
manufacturer. Protect installed flooring from damage by
covering.
Finishing: After completion of project and just prior to
final inspection of work, thoroughly clean floor and
accessories.
END OF SECTION
RESILIENT FLOORING 9NO-3
SECTION 9T0
PAINTING
On actual wall surfaces and other building components,
duplicate painted finishes of acceptable samples as
directed by the Architect.
Descrintion of Work: Painting ;and finishing of interior and
exterior items and surfaces, unless otherwise indicated.
Paint exposed surfaces, except as otherwise indicated,
whether or not colors are designated. If not
designated, colors will be selected by Architect from
standard colors available for the coatings required.
Work Not Included: Unless otherwise indicated, shop priming
of ferrous metal items and fabricated components are included
under their respective trades. pre -finished items, such as
metal toilet partitions, acoustic material and the like, are
not included. Unless otherwise indicated, painting not
required on surfaces of concealed areas except for piping,
equipment and other such items within the concealed spaces.
Finished metals such as anodized aluminum, stainless steel,
bronze, and similar metals will not be painted. Do not paint
any moving parts of operating units, or over any equipment
identification, performance rating, name or nomenclature
plates or code -required labels.
Delivery and Storage: Deliver materials to job site in new,
original, and unopened containers bearing mfr's name, trade
name, and label analysis. Store where indicated in
accordance with mfr's instructions.
Protection: Protect work of other trades. Correct any
painting related damages by cleaning, repairing or replacing,
and refinishing, as directed by Architect.
Coordination: Provide finish coats which are compatible with
prime paints used. Provide barrier coats over incompatible
primers where required. Notify Architect in writing of
anticipated problems using specified coatings with substrates
primed by others.
Surface Preparation: Perform preparation and cleaning
procedures in strict accordance with coating mfr's
instructions for each substrate condition.
Remove hardware and accessories, machined surfaces,
plates, lighting- fixtures and similar items in place and
not to be finish -painted or provide surface -applied
protection. Reinstall removed items and remove
protective coverings at completion of the work.
PAINTING 9TO-1
Material Preparation: Mix, prepare, and store painting and
finishing materials in accordance with mfr's directions.
Application: Apply painting and finishing materials in
accordance with mfr's directions. Use applicators, and
techniques best suited for materials and surfaces to which
applied.
Apply additional coats when undercoats, stains or other
conditions show through final paint coat, until paint
film is of uniform finish, color and appearance.
Paint surfaces behind movable equipment and furniture
same as similar exposed surfaces. Paint surfaces behind
permanently fixed equipment or furniture with prime coat
only before equipment is installed.
Paint interior surfaces of ducts where visible through
registers or grilles, flats, non-specular black.
Paint back sides of access panels, and removable or
hinged covers to match exposed surfaces.
Finish exterior doors on tops, bottoms and edges same as
exterior faces, unless otherwise indicated.
sand lightly between succeeding enamel or varnish coats.
Omit first coat (primer) on metal surfaces which have
been shop -primed and touch-up painted, unless otherwise
specified.
-Apply prime coat to material which is required to be
painted or finished, and which has not been prime coated
by others.
Apply each material at not less than the mfr's
recommended spreading rate, to provide a total dry film
to thickness of not less than 4.0 mils for entire
coating system of prime and finish coats for 3-coat
work.
Provide a total dry film thickness of not less than 2.5
mils for entire coating system. of prime and finish coat
for 2-coat work.
Completed Work: Match approved samples for color, texture
and coverage. Remove, refinish or repaint work not in
! compliance with specified requirements.
END OF SECTION
PAINTING
�9015PA
r""
SECTION 9Y0
WALL COVERINGS
Fire Hazard Classification: Provide materials bearing UL
labels for the following:
Flame spread not more than 25.
Fuel contributed not more than 15.
Smoke developed not;more than 25.
Certification: Submit mfr's certification that materials
supplied for project comply with requirements specified.
Job Conditions: Maintain constant minimum temperature of 60
F (16 C) at areas of installation for at least 72 hours
before and 48 hours after installation. Remove wrappings
from wall coverings and allow to acclimatize to areas of
installation for at least 24 hours before installation.
Vinyl Wall Covering:
General: Comply with requirements of FS CCC-W-408 and as
follows:
Medium Duty: Type II; not less than 13 oz./sq. yd.
Stain Resistant: Type II; 1/2 mil polyvinyl flouride
coating.
Mildew Resistance: Fabric backing and vinyl coating
treated with fungicides to inhibit mildew growth.
Color/Pattern/Texture: Match Architect's samples.
ACCESSORY ITEMS:
Adhesive/Primer/Sealer: As recommended by mfr. of wall
covering for use with particular substrate shown; mildew -
resistant and non -staining to wall covering.
Release Coat: Oil base sealer or enamel undercoater for
drywall.
PREPARATION•
Remove wall plates and surface -mounted fixtures in areas
where wall covering is to be installed.
Prime and seal substrates in accordance with wall covering
mfr's instructions; apply release coat to gypsum drywall.
WALL COVERINGS 9YO-1
Test substrates for moisture; verify not more than 4%.
INSTALLATION•
Place wall covering panels consecutively in order cut from
rolls; hang by reversing alternate strips except on match
patterns.
Apply adhesive in accordance with mfrIs recommendations;
install seams plumb and not less than 6" from corners;
horizontal seams not permitted.
Trim salvages as required to assure color uniformity and
�-
pattern match; overlap seams and double -cut for tight
closure, unless otherwise recommended by mfr.
Install wall covering with intimate substrate bond, smooth,
clean, and without wrinkles, gaps, and overlaps.
Remove excess adhesive promptly, using clean sponge and warm
water; replace panels which cannot be completely cleaned.
Replace wall plates and fixtures removed to permit wall
covering installation; verify cut edges of wall covering
completely concealed.
END OF SECTION
r WALL COVERINGS 9YO-2
EI:
SECTION 9D0
GYPSUM DRYWALL
Gypsum Board Standard: ASTM C 840.
Metal Support Standard: ASTM C 754.
Main Runners: Steel channels, hot or cold -rolled, size as
per ASTM C 754.
WALL/PARTITION SUPPORT MATERIALS:
Studs and Runners:- ASTM C 645, 25-gage unless otherwise
indicated.
DRYWALL MATERIAL:
Exposed Gypsum Board: ASTM C 36.
Provide Type X where indicated and where required in
fire -resistance rated assemblies.
Lona Edges: Standard taper.
Trim Accessories: Provide mfr's standard metal. trim
accessories, of the beaded type with face flanges for
concealment in joint compound except where semi -finishing or
exposed type is indicated.
Provide corner beads at external corners.
Provide edge trim of the shape indicated where edge of
gypsum board would otherwise be exposed or semi -exposed;
L-type for tight abutment at edges, otherwise U-type
except special kerfed-type where kerf is provided in
adjoining work.
Provide special J-type (semi -finishing) zinc -alloy edge
trim at exposed edges of exterior gypsum board which are
not concealed by applied moldings.
Gypsum Board Fasteners: Type recommended by gypsum board
mfr., except as otherwise.indicated'.
Acoustical Sealant: Water -based, non -staining type,
permanently elastic, recommended by gypsum board mfr.
Joint Tape: ASTM C 475, perforated.
Joint Compound: ASTM C 475, of the type indicated.
GYPSUM DRYWALL 9DO-1
Provide ready -mixed vinyl -type for interior work.
k'
k
Provide a single multi -purpose compound for 3
courses of compound application.
Installation of Metal Support Systems:
Do not bridge building expansion joints with support systems,
frame both sides of joints with furring and other supports as
indicated.
Ceiling Support Suspension Systems:
I WALLLPARTITION SUPPORT SYSTEM:
�. Install steel studs with bottom and to runner tracks anchored
to substrates. Isolate system from building structure to
prevent transfer of loading and deflections into metal
support system, both vertically and horizontally.
Frame door and other openings with studs and runners and
gage, number and arrangement to comply with mfr's
r recommendations for size of opening, weight of doors and
P height and stud size, unless otherwise indicated.
Install supplementary framing, runners, furring, blocking and
bracing at openings and termination in gypsum drywall and
-� where required for support of other work which cannot be
adequately supported on gypsum board alone.
Drywall Installation and Finishing:
,. Install gypsum boards in lengths and directions which will
+ minimize number of end joints, and avoid end joints in
t central area of ceilings. Install walls and partitions with
exposed gypsum boards vertical, with joints offset on
opposite sides of partitions. otherwise, install boards with
! edges perpendicular to supports, with end joints staggered
over supports, except where recommended in a different
r- arrangement by mfr.
Form control Joints with 1/2" space between boards. Install
acoustical sealant at base of space, and apply trim accessory
at face.
Form "Floating " construction for gypsum boards at internal
corners, except where. special isolation or edge trim is
indicated.
GYPSUM DRYWALL 9DO-2
Isolate drywall work from abutting structural and masonry
work; provide edge trim and acoustical sealant as
recommended by mfr.
Install sound attenuation blankets or insulation where shown,
without gaps; and support where necessary to prevent
movement of dislocation.
Screw gypsum board to metal supports.
Do not bridge building expansion joints. Leave space of the
width indicated between boards, and trim both edges for
installation of sealant or gasket.
Drywall Finishing : Except .as otherwise indicated, apply
joint tape and joint compound at joints (both directions)
between gypsum boards. Apply compound at accessory flanges,
penetrations, fasteners heads and surface defects.
Install compound in 3 coats (plus prefill of cracks
where recommended by mfr.); sand after last 2 coats.
END OF SECTION
GYPSUM DRYWALL 9DO-3
r
SECTION 15A0
GENERAL PROVISIONS MECHANICAL & ELECTRICAL
GENERAL
SCOPE:
Work of this Division comprises mechanical, plumbing and electrical
Renovations as shown on the drawings.
The contractor shall provide complete and operational systems at
completion of the contract. The contractor shall provide all labor
and materials required to comply with the intent of these
documents, whether specifically indicated or not.
INSPECTION OF SITE:
The accompanying plans do not indicate completely the existing
mechanical and electrical installations The bidders for work under
these sections shall inspect existing conditions and acquaint
themselves with existing installations and thoroughly acquaint
themselves with conditions to be met and work to be accomplished in
removing and modifying the existing work, and in installation the
new work in the present building. Failure to do so shall not
constitute grounds for any additional payments in connection with
removing or modifying any part of the existing installation or
installing any new work.
GENERAL:
Each bidder shall examine the plans and specifications for the
general construction. If these documents show any item requiring
work that work is not indicated on the drawings, he shall notify
the Architect in sufficient time to clarify before bidding. If no
notification is received, the Contractor is assumed to require no
clarification, and shall install the work as indicated on the
General Plans in accordance with the Specifications.
i Order of Precedence shall be observed in laying out pipe, duct
work, material and conduit in order to fit the material into the
space above the ceiling and in chases and walls.
rExceptions and inconsistencies in plans and specifications shall be
brought to the Architect's attention before the contract is signed.
Otherwise the Contractor shall be responsible for any and all
changes and additions that may be necessary to accommodate his
particular apparatus, -'material or equipment.
GENERAL PROVISIONS MECHANICAL & ELECTRICAL 15A0- 1
PERMITS AND INSPECTIONS:
The Contractor will be responsible for all permits and inspections
required by law for the completion of his work. Cost of all
permits and inspections shall be paid by the contractor. The
Contractor shall obtain and pay for all certificates of approval,
which must be delivered to the Architect before final acceptance of
the job. All materials and labor furnished by the contractor shall
be in strict accordance with the rules and regulations and
requirements of the National Board of Fire Underwriters, State and
Municipal regulations and other authorities who may have lawful
jurisdiction over the work being done.
COORDINATION:
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.
Verify characteristics of elements of interrelated operating
equipment are compatible; cooperate with work of various Sections
having interdependent responsibilities for installing, connecting
to, and placing in service, such equipment.
Coordinate space requirements and installation of mechanical and
electrical work which are indicated diagrammatically on Drawings.
Follow routine shown for pipes, ducts, and conduits, as closely as
practicable; make runs parallel with lines of building. Utilize
spaces efficiently to maximize accessibility for other
installations, for maintenance, and for repairs.
In finished areas except as otherwise shown, conceal pipes, ducts,
and wiring in the construction. Coordinate locations of fixtures
and outlets with finish elements.
Execute cutting and patching to integrate elements of Work, uncover
ill-timed, defective, and non -conforming work, provide openings for
penetrations 'of existing surfaces. Seal penetrations through
floors, walls, and ceilings
Before ordering any materials or doing any work, the contractor
shall verify all dimensions, including elevations and shall be
responsible for the correctness of the same elevation. No extra
charge or compensation will be allowed on account of differences
between actual dimensions and measurements indicated on the
drawings. Any difference which may be found shall be submitted to
the architect for consideration before proceeding with the work.
REFERENCE STANDARDS:
For products specified by association or trade standards, comply
GENERAL PROVISIONS MECHANICAL & ELECTRICAL 1BAO-2
j~ with requirements of the standard, except when more rigid
F requirements are specified or are required by applicable codes.
r The data of the standard is that in effect as of the Bid data, or
date of Owner -Contractor Agreement when there are no bids, except
when a specific date is specified.
Obtain copies of standards when required by Contract Documents.
Maintain copy at job site during progress of the specific work.
CUTTING AND PATCHING:
Execute cutting, fitting, and patching to complete work, and to:
Fit the several parts together, to integrate with other
work .
Uncover work to install ill-timed work.
Remove and replace defective and non -conforming work.
Provide supports to assure structural integrity of surroundings;
devices and methods to protect other portions of: Project from
damage.
WORKMANSHIP•
Comply with industry standards of the region except when more
restrictive tolerances or specified requirements indicate more
precise workmanship.
Provide suitably qualified personnel to produce Work of specified
quality.
Secure products in place with positive anchorage devices designed
and sized to with stand stresses, vibrations, and racking.
MANUFACTURER'S INFORMATION:
Require compliances with instructions in full detail, including
each step in sequence.
Should instruction conflict with Contract Documents, request
clarification from Architect/Engineer before proceeding.
When required in individual Specifications section submit
manufacturer's certificate, in.duplicate", certifying that products
meet or exceed specified requirements, executed by responsible
officer.
When required in individual Specifications section, have
manufacturer supplier provide qualified representative to observe
field conditions, quality of workmanship, start-up of*equiptment
test, adjust, and balance of equiptment
GENERAL PROVISIONS MECHANICAL & ELECTRICAL 15AO-3
TRANSPORTATION & HANDLING OF EQUIPMENT & MATERIALS:
Require supplier to package finished products in boxes or crates
for protection during shipment, handling, and storage. Protect
sensitive products against exposure to elements and moisture.
Protect sensitive equipment and finishes against impact, abrasion,
and other damage.
Arrange deliveries of products in accordance with construction
progress schedules. Allow time for inspection prior to
installation.
Provide additional protection during handling to prevent marring
and otherwise damaging products, packaging and surrounding
surfaces.
Handle product by methods to avoid bending or over stressing. Lift
large and heavy components only at designated lift points.
STORAGE & PROTECTION OF EQUIPMENT & MATERIALS:
Store products, immediately on delivery, in accordance with
manufacturer's instructions, with seals and labels intact. Protect
.until installed.
Arrange storage in a manner to provide access for maintenance of
stored items and for inspection.
Store products, subject to damage by the elements, in substantial
weather tight enclosures.
Verify that surfaces of products exposed to the elements are not
adversely affected; that any weathering of finishes is acceptable
under requirements of Contract Documents.
For mechanical equipment in long-term storage, provide
manufacturer's service instructions to accompany each item, with
notice of enclosed instructions shown on exterior or package.
TERMINOLOGY•
Whenever the words "provide", "furnish and install", or other
similar phrases _ occur, it is'. the intent that the materials and
equipment described be furnished, installed and connected under
this division of the specification, complete for operation unless
specifically noted otherwise.
END OF SECTION
GENERAL PROVISIONS MECHANICAL &ELECTRICAL 1BAO-4
r
SPECIAL CONDMONS
7
NOTICE OF ACCEPTANCE
TO:
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 funish to the City of
Lubbock all such documents within ten (10) days from your receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract
documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such
contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock.
CITY OF LUBBOCK
Ownees Representative