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HomeMy WebLinkAboutResolution - 4893 - Contract - Trans Texas Tennis Inc - Municipal Tennis Center Court Renovations - 07_13_1995Resolution No. 4893 July 13, 1995 Item #30 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 Trans Texas Tennis, Inc., of Houston,Texas to furnish and install all services and materials as bid for the Municipal Tennis Center Court Renovations, 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 ATTEST: Sexi Betty :"Johnson, City Secretary APPROVED AS TO CONTENT: dEa Victor Kilman, Purchasing Manager APPROVED AS TO FORM: I16-5nald G. Vandiver, First Assistant City Attorney :aplceaoes\ft=s.res June 30,1995 CITY OF LUBBOCK SPECIFICATIONS FOR MUNICIPAL TENNIS CENTER COURT RENOVATIONS BID #13290 .� G' C fr�zezz! cn H H O z CITY OF LUBBOCK Lubbock, Texas W , Y Office of City of Lubbock Purchasing P.O. Box 2000 Lubbock, Texas 79457 r.. 806-767-2167 MAILED TO VENDOR: June 8,1995 OLD CLOSE DATE: June 14,1995 @ 3:00 P.1VL NEW CLOSE DATE: June 20,1995 @ 3:00 PAL . BID #13290 - MUNICIPAL TENNIS CENTER COURT RENOVATIONS rADDENDUM # 1 ` Please modify or amend Contract Documents as follows: 1. In the specifications, Section 05, 5.1. B. "Place two layers of 6 mil., plastic vapor barrier between sand and new post -tension concrete as shown on plain," shall take precedence over the plans which state a different thickness of plastic. 2. Please change the bid closing date and time from r JUNE 14,1995 as 3:00 P.M. to TUNE 20,1995 a 3:00 P.M: ` THANK YOU, L-L & LAURA RTTCHIE r BUYER PLEASE RETURN ONE COPY WITH YOUR BID it 1. t. r CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: MUNICIPAL TENNIS CENTER COURT RENOVATIONS ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13290 PROJECT NUMBER: 9725.9246 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1. 2. 3. 4. S. 6. 7. 8. 9. 10. 11. NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYhlENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITION t___. r L.__ L-- L__- t__ . U _; t____ _ L - L--� L. h NOTICE TO BIDDERS BID #13290 Sealed bids addressed to Laura Ritchie, 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 3:00 o'clock mm. on the 14th day of June, !" 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: "MUNICIPAL TENNIS CENTER COURT 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 13th day of July,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, Vcmon'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 tin of P 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 r. issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 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, bid 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 i parti ly ge 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, Vcmon'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. r The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a pre -bid conference on 7th day of June,1995, at 10:00 o'clock a.m., in the Purchasing Conference Room, L-04, 1625 13th Street, Lubbock, Texas. F 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. CITY OF LUBBOCK d� LAURA RTTCH E BUYER r- WN F� r i! k ADVERTISEMENT FOR BIDS BID # 13290 Sealed bids addressed to Laura Ritchie, 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 3:00 o'clock D.m. on the 14th day of June,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: "MUNICIPAL TENNIS CENTER COURT 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 fiuther r- directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award There will be a prebid conference on the 7tb day of June,1995, at 10:00 a.m., in the Purchasing Conference Room, L-04, 1623 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting. CITY OF LUBBOCK LAURA RiTCHM BUYER GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS 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 MUNICIPAL TENNIS CENTER COURT RENOVATIONS. 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 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. T1ME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 120 (ONE HUNDRED TWENTY) 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. r S. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by + the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified 7. MATERIALS AND WORKMANSHIP �. The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for 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. r. i 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, suboonhu-tors 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 intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. it. 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 Contractoes 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 night 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 0 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. PM 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. rIn 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 neoessary 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 innxxance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these ° contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the M~ 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 compliancewith 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 Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 20. PREPARATION FOR BID The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid 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) Bid for (description of the project). r r Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS PM 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' (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. r (i) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by r+ reference into the aforementioned contract documents. No Text r ..tr BID SUBMITTAL LUMP SUM BID CONTRACT PROJECT NUMBER: 13290 - MUNICIPAL TENNIS CENTER COURT RENOVATIONS Bid of -TY-Q 5JeY,Q�J-Ttnnc�), I no _ (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation forbids for the construction of a �P �� 1 ►i �� ,� �� 'iPX1,�'1fQ��OV1S having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BASE BID: Renovations of Courts 10 and 11. Court reconstruction of courts 10 and 11 to include 6" min. of concrete with post -tension cable as per specification and drawings. ALTERNATE #1: The construction of a ramp to give access to the renovation of court 10 and 11 as per specification and drawings. pm I ALTERNATE #2: MATERIALS: SERVICES: Renovation of Court 3. Court reconstruction of court 3 to include 6" min. of concrete with post -tension cable as per specification and drawings. r'"' TOTAL ALTERNATE #2: ALTERNATE #3: SER The construction of a ramp to give access to the renovation of court 3 as per specifica tion and drawings. L (SL©D ) (S v C) . 0O ) ALTERNATE #4: Replacement of all chain link fence material on courts 10 and 11 with full height fence material. This �. alternate would replace the two existing sections (top to bottom) of fence material and install one full length section (top to bottom)). ' MATERIALS: -fA i n -yy)Qus� I � A o�`ound a� 4ki at/'�-iye_ (S o2T� r" ( ) SERV:� ICESJt\Q -�U c�le.Yl �� � l !�� (S ,I t rJ , OD �.., TOTAL ALTERNATE #4: ALTERNATE #5: Replacement of all chain link fence material on court 3 with full height fence material. This alternate would replace the two existing sections (top to bottom) of fence material and install one full length section (top to bottom). SE i TO 7 (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govem.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, ,all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. r own The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified r" check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for - Dollars (S ) or a Bid Bond in the sum of " (,VMVktAIIk k,i Dollars ($ Op Ofl , which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents 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 bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. (Printed or TYW Name) BY: (Seal if Bidder is a Corporation) ATTEST: Secre F UNITED STATES ELITY ,• (A Sr : BID BOND BOND NUMBER rKNOW ALL MEN BY THESE PRESENTS: 4 THAT........Trans„Texas„Tennis,...Inc.............._......................................._.................................................................................... �^ Hor :... ofuston, ........................... Texas .............................................................................. N ............................................................................................................................................................. as Principal , and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto ..... »city of Lubbock .................................................................. ........................................................................................................................................................................................................................................... ».... as Obligee, in the full and just sum of .........FIVE (5%) PERCENT OF THE GREATEST AMOUNT BID ................................................................................................................................................ .................................................................................................................................................................................................................................. Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal Municipal tennis courts renovation. Bid # 13290 THE CONDITION OF THIS OBLIGATION is such that'if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered ............. §-9-95 (Date) ....I .................. .Trans Texas Tennis, Inc. tsEAu ............................................................................:............. ....... ........... (SEAU UNITED TES FIDELITY AND GUARANTY -COMPANY .......................................................... y Attorney-ln-fact r Contract 11 (Revised) (1-74) r-� 973542 r— UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY toU S F+G� NO. 1061Ao IISO IAICE KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Mitchell Rap Fitzhenry of the City of Houston , State of Texas its true and lawful Attorneys) -in -Fact, each in their separate capacity if mote than one is named above, to sign its name as surety to, and to execute, sea! and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelityof persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed bylaw. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 11 t1%ay of December A.D. 19 9 2. UNITED STATES FIDELITY AND GUARANTY COMPANY "- uscoraruo (Signed) By...0/1 11198 Senior Vice President (Signed) By........ .......... Off►` Assistant Secretary STATE OF MARYLAND) SS: BALT7MOItE CITY ) Onthis 11thdayof December (('``AS1992 ,before me came Robert J. Lamendola Senior vice President of the UNITED STATES FIDT� GUARANTY CO d Paul D im. . Assistant Secretary of said Company, with both of whom I ly acquainted, wh c me severally duly that they, the said Robert J . Lamendola and P�,tl Sim n Senior Vice President and the Assistant Secretary of the said UNTIED STATES FIDELITY ARANIY COMP orporation descnbed ' d 'ch executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the scal affixed to (Pp of Attorney was su seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their times thereto�yly'k�✓order u Senior Vi and Assistant Secretary, respectively, of the Company. My Commission expires the 11thMareh 19 95. '�� O ��tll!�. ......�.. �s„e (signed) ,tmgrl'P. NOTARY PUBLIC 11" Power of Attorney is granted under ccfiority of the following Resolutions adopted by the Board of Directors of the UNrM STATES FIDEISIY AND GUARANTY COMPANY on Sep 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorneys) -in -Fad pursuant to a Power of Attorney issued in accordance with these resolutions Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the tame and on behalf of the Company, either by the Chairman or the President, or an Executive Vice President, or a Senior Via President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys) -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys) -in -Fad shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof; and any such instrument executed by such Attomey(s}in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. L Paul D . Sims , an Assistant Secretary of the UNITED STATES FIDIIdTY AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24. 1992 and that this Resolution is in full force and effect. 1. the undersigned Assistant Secretary of the UNITED STATES FIDELZIY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and his act been revoked. In Testimony Where->t, I hava Germwo xt my hand and the seal of a STATES FIDELIIY AND GUARANTY COMPANY on this 9 th day of June . es 95 ............................ . - � rii�wrxas f .. . f ins l r Assistant Secretary FS 3 (10-92) LIST OF SUBCONTRACTORS Minority Owned Yes No 2. — — 3. — — 4. S. 6. — — 7. _ 9. — — 10. — _ PAYMENT BOND BOND CHECK BEST RATING U'EN I � .� DATE �� �'`-' r� f i 7 STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, that Trans Texas Tennis, Inc. Principal(s), and United States Fidelity and Guaranty Company (hereinafter called the Principal(s), as (hereinafter called the Surety(s), as Surety(s), are held and��flu�!m�,l bound unto the City of Lubbock (hereinafter called the Obligee), i "IhSf the amount of sixty three thoudand nine hundred Ys ($ 63,980.Oq 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 13th day of July , 19 95 , to City of Lubbock and said Principal under the law Is required before commencing the work provided for in wild 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. Municipal tennis center court renovations NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the prork provided for in said contract, then, this obligation shall be void; otherwise to retrain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Status of Texas as amended by Acts of the 56th Legislature, Regular Session,1959, and all liabilities on this bond shall be determined in accordancewith the provisions of said Article to the same extent as if it were copied at length herein. August WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 7 th �+ � 19 954 United States Fidelity and Guaranty Company Surety •By l'titghe1- . ' tzhenry v Attoiff44- n-Fact r. Trans Texas Tennis, Inc. Principal e) La Ylmoorg Vi a President By: (Title) By: (Title) y i r The undersigned surety company represents that it is duly qualified to do business; in Texas, and hereby designates Charles R. Peavy an agent resident instate of Tx.to whom any requisite notices may be delivered and on whom ser.,ii of process may be had in matters arising out of such suretyship. United States Fidelity and Guaran Surety Company • By: t (Trtle) \Mitchb!lX Fitzhenry _A y in -Fact Approved as to form: 9 O tr 1 liv-jn6 �POPl rgrm. �A� wmj�hlgk • 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 Fad, we must have copy of power of attorney for our files. PERFORMANCE BOND BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY 7 7 7, 7 STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL. STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 Tex (� Tenn s, Igt �� the Principal(s), as Principal(s), and KNOW ALL MEN BY THESE PRESENTS, that Trans ever er United State Fidelity and Guaranty Company (hereinafter called the Surety(s), as Surety(s), are held and Mro nd unto the City of Lubbock (hereinafter called the Obligee), in the amount of sixty three thousand nine hundred 64 9 AR0 _ ) 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 theQtltlay of July , 19� to City of Lubbock 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. Municipal tennis center . court renovations NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 thisUh day of August , 193.5—. r, United Stat:e's-F}delity and I Surety - t tBy: � v (Title) itr e - tz enry Qttoft� ti-Fact Guaranty Company Trans Texas Tennis, Inc. Principal BY'� - (Titiel Larvf Ko6rd- Vic&President By: (Title) By: (Title) F r 1 f b- The undersigned surety company represents that It Is duly qualified to do business in Texas, and hereby designates .,Charles R. Peavy an agent resident in State of Tx•to whom any requisite notices may to delivered and on whom service of prooess tray be had in matters arising out of such suretyship. United States -Fidelity and Surety Guarhrity Company r 4 - " By; (T de)- Mtche 1 zhenry Att�zrney I -Fact Approved as to Form City of r 3 i ttorney • Note: Usigned 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 Fad, we must have copy of power of attorney for our files. 4 I r 973548 r i r 4 i r— UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY toU S F+G` NO. 1061AO I 1 3 1 1 A I C [ KNOW ALL MEN BY TFiF_5E PRESENTS: That UNITED STATES FWELTIY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Mitchell Ray Fitzhenry of the City of Houston , State of Texas its true sad lawful Attorney(s)oin-Fad, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and ackmowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of gua mteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said UNTIED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 1 lthlay of December , A.D. 19 9 2. UNITED STATES FIDELITY Y AND GUARANTY COMPANY acnsaw (Signed) By......... tt Senior Vice President (Signed) By........ . ......:.. ... . . .................. 4OV ` Assistant Secretary OF MARYiAND) SS: BALTQ+SORE CITY ) � 1 w on this 11thday of December ,I-M.I992 ,beforem name Robert J. Lamendola Senior Vice President of the UNITED STATES FID GUARANTY CO A and Paul D QQS ims , Assistant Secretary of said Company, with both of whom wally acquainted, wjb.Ngg-"by me severally duty '�issK that they, the said Robert J . Lamendola and t Sims were asYu t' Senior Yee President and the Assistant Secretary of the said UNITED STATES FIDELITY UARANTY COMP rporation deacnbed�a ch executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to of Attorney was sucijzprpDttate seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names therctry i e order as Senior Vi t and Assistant Secretary, respectively, of the Company. My Commissionexpiresthe llth day s yy March 19 95 eNOTARY PUBLIC This Power of Attorney is granted uodett ITY �hon'ty ofthe following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELAND GUARANTY COMPANY on Septe`lnber 24, 1992: RESOLVED, that is connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Anomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman. or the President, or an Executive Vice Presiden4 or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company maybe affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)win-Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power to executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in-Fad shall have the power and authority, unless subsequently revoked and, in any ease, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings. and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fad shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1. Paul D . Sims , an Assistant Secretary of the UNITED STATES FIDELX Y AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in furl fora and effect T, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect end has not been revoked. In Testimony Whereof: I lave hereunto set my hand and the seal of a STAT/E�S FIDF_I.TIY AND GUARANTY COMPANY on this 7 th day of A1]gt]St 11995,-:— tv" nR96 Assistant Secretary FS 3 (10-92) - , CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE FPRODUCER - A. J. Etheredge Co. 11111 KatyxFree�oay #800 FY713 713fo4,4-4888 9 464-4887 (Fax) irs aims - ------------------------ INSURED Trans Texas Tennis, Inc. 5216 Werner Houston Texas 77022 ..Fax: 6§1-1108 I09T%08/95 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 LETTER A Highlands Insurance Company ----------------------------------------------------- COMPANY LETTER B -------------------------------------- COMPANY LETTERC --------------------------------------------- COMPANY LETTERD --------------------------------------------- COMPANY LETTERE -------------------------------------------------------------------------------- COVERAGES � THIS IS TO CERTIFY THAT 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. --- ---------- ---------------- LOTR TYPE OF INSURANCE POLICY NUMBER EFFLDATE EXPLDATE LIMITS -------------------------------------------------------------------------- ENERAL LIABILI Y GEN AGG 1,500;000 A X O ERCIAL G L BPO 20 01 21 3/4/95 3/4/96 PROD AGG X 6WNER&CONT XA TOOCRRC$ X Contractual Liabs. IOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY jXfESS LIABILITY X UMBRELLA FORM OTHER THAN UMBR. -------------------- WORKERS ACOOMMPENSATION EMPLOYERS' LIABILITY OTHER - lit20 10 15 Y BTA 20 06 96 --------------- BXS 20 03 42 --------------- BWC 79 57 87 9/1/95 9/1/96 ---------------- 3/4/95 3/4/96 3/4/95 6/23/95 3/4/96 6/23/96 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS --------------- Job: Municipal tennis court renovation. Bid #13290 PEAS INJ 500,000 EACH OCC 500,000 FIRE DMG 50,000 MED-EXP---------5,000 CSL $ 1,000,000 BI (PERS)$ BI (ACC) -$----------- PROP DMG-$----------- EACH OCC - , AGGREGATJ 110000 , 0000 0 0 kSTATUT-RY LIMITS DISHLIMIT 00,000 DIS EMPL 001000 CERTIFICATE -HOLDER ----------------------- CANCELLATION --------------------------- --------------------------------------- ---------------------------------------- SHOULD ANY OF THE ABOVE DESCRIBED �.. POLICIES BE CANCELLED BEFORE THE EXPIR- WILOLNENDEAVORETOOMAILHIOISDAYSGWROITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 0 THE LEFT BUT FAILURE TO MAIL SUCH Ii�iP@SE Mn OBLIGATION OR r" YA ILITY OF ANY KIND UPON THE COMPANY, City of Lubbock ITS -AGENTS- REPRESENTATIVES. P.O. Box 2000 -------------------------- Lubbock, Texas 79457-0001 AUTH R D LSENTATIVE CIA-025-----------------------------------(i------------IRS-AIMS r- jr"' 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 overage 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 overage period shown on the current certificate of coverage ends during the duration of the project; r (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 r, knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: .. 004 r 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 312/440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and. payroll amounts and Sling of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: F(i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (I) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (IQ, with the certificate of coverage to be provided to the person for whom they are providing services. 0 �:�_^_: � __ . � t�_. � �,..� � __ a cam. L�..� �� � � t��: �. � ..� � � .v� �___. ��.. t�: rR r CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13th day of July 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 TRANS TEXAS TENNIS, INC., of the City of Houston, County of Harris, and the State of TEXAS, hereinafter termed CONTRACTOR F F 4 .. OM i' r 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 airy) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 0 13290 - MUNICIPAL TENNIS CENTER COURT RENOVATIONS - $63,980.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract document,; as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have year and day first above written. ATTEST: ,. Corpo to Secretary CITY agreement in Lubbock, Lubbock County, Texas in the .YOR CONTRACTOR: TEA N S TFX A--' E E,J 0P,r - PRINTED NAME:�o 1r �J. 04t5(71^'Q TITLE:_ r cQ pr 2S 2 ki 7L COMPLETE ADDRESS: Trans Texas Tennis, Inc. 5212 Werner Houston, Texas 77022 F G04EM CONDMONS OF THE AGREEMENT N i j GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. r� 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: TRANS TEXAS TENNIS, INC., who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shell be understood as referring to JOHN WEBB, PARK DEVELOPMENT SUPERVISOR 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 F4resentative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. LEMEN[o)" elr r_01t„ i0.r The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. S. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like r. import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR r' The term Subcontractor, as employed herein, includes only those having a direct contract Rath the Contractor for P 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, r but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 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. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. AL YOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. r� r 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' 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 r. 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 s=a 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 r within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 6 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Ownees 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 firnish 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. H 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 contrail. 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, is. 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 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 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 r selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such 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 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 F" 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 stall 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 bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) _ By agreed unit prices; or Method (B) By agreed lump sum; or 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 (1 S%) per cent. r- h i 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/c, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owners 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 bid 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 arc 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. It 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. �1 R t 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation ,., laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federat.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 insinwce carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons �.• or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including rattorney'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 r.• 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. r i A Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500.000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $500,000 Combined. Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and dopy 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 1000/a of the total contract price (1000/a 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 S 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'stperson's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in 0406.096) - 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 r. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of ` the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 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. 6 The contractor shall retain all required certificates of coverage for the duration of the project and for one •-� year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the i 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 ccntrage and report lack of coverage. �. 9. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project., a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; �^ (e) retain all required certificates of coverage on file for the duration of the project and for one year ' thereafter, 10. (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. 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 worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 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; r� (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; r (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 contractors 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 (u) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the overage 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, (fj notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should Gave 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 COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance Thu 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 S121440-3789 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 provitie coverage " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide overage based on proper reporting of classification codes and payroll amounts and filing of any overage 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; f (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 coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS. LABORERS, MATERIALMEN. AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 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 pow 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 beconsidered 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 F this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (ONE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in'default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, 1 4 either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF TIME The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this Project. tak:ing 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 embraces 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. QUANTPTIES 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 arc 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 bids 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 i 40. PRICE FOR WORK rIn consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid 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, r" plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS ar, 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 r waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYI ENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work �. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 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 fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE �. Within thirty-0ne (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 r duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAY M'NT 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 r completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. r 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Ownerspremises 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 be 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 WTTHHELD 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. TPAE 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 elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out d 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 cat to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and 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, 1 materials or supplies left on the site of the work shall be tamed over to the Contractor and/or his Surety. Should the cat 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 a 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 ela-.L The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the tjobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50.. ABANDONMENT BY OWNER r 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 t 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 r" 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 attached bid, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by �. the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vemon's Annotated Civil Statutes in the amount of 100°/a 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 DETERMINATIONS Resolution #2502 January 8, 1987 Agenda Item #18 DGV:da Ursni 11Trnro WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to'reflect the current prevailing rate of per`diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January 1987. Ranett oyd, City Secretary t� APPROVED T 1 ONTENT: r I ( Bi 1 P yne, D rector of Building ` il Services -hUO91A B.C. McMINN, MAYOR APPROVED AS TO FORM: r) I A r2l A %.n ----Doiver, First Assistant City Attorney EXHIBIT A City of Lubbock, ., `. Building 'Construction ` Prevailing Ratestrades Cat Hourly Rate _..Acoustical Ceiling Installer $11.60 Air Conditioner Installer 8.35 Air Conditioner Installer -Helper.: 5.50 Bricklayer 10.50 Bricklayer -Helper 5.00 Carpenter 11.00 Carpenter -Helper 5.50 Cement Finisher 7.35 Drywall Hanger 8.70 Electrician 10.50 Electrician -Helper 5.25 Equipment Operator - Heavy 8.00 Light 5.70 Floor Installer 8.00 Glazier 7.50 Insulator, Piping/Boiler 9.50' Insulator -Helper 5.00 Iron Worker 7.30 Laborer, General 4.75 Mortar Mixer 5.60 Painter 8.75 Plumber 9.25 Plumber -Helper 6.00 Roofer 7.65 Roofer -Helper 4.75 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder - Certified 8.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator Roller Scraper Tractor Truck Driver - Light Heavy Hourly Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 r EXHIBIT C Electric Construction Trades ,Prevailing Wage Rates Craft Power Line Foreman Lineman Journeyman Lineman Apprentice Series Groundman Series Hourly Rate $11.00 10.45 8.90 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate The`rate for overtime (in excess of forty hours per week) -is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2'times' base rate. F ,SPECIFICATIONS CITY OF LUBBOCK, TEXAS PARKS AND RECREATION DEPARTMENT MUNICIPAL TENNIS CENTER COURT 10 & 11 RECONSTRUCTION 66TH AND GARY SECTION Ol 1. General Requirements 1.1 Scope of Work to be Done A The contract work to be performed under these specifications consists of f imishing all of the required labor, materials, equipment, implements, parts, and supplies necessary for, or appurtenant to, the reconstruction of championship tennis courts at the Municipal Tennis Center for the City of Lubbock in accordance with the drawings appearing hereinafter or annexed hereto and as further elaborated ui these specifications. 1.2 Standards A The work hereunder shall be done in a thorough, workmanlike manner and conform to standards for tennis court construction as prescribed or approved by the U.S. Tennis Court Builders Association. Any reference to a specification or designation of the American Society for Testing and Materials, Federal Specifications, or other standards, codes, or orders refer to the most recent or latest specification or designation. 1.3 Layout of Work A The work shall be laid out to true lines and grades in full accord with the drawings. Surveying of lines and grades, from a base line and bench mark established by Contractor and approved by the Owner at the construction site, and staking therefor shall be 5 accomplished by the Contractor. Monuments shall be substantially established, protected, and F— maintained in place by the Contractor for the duration of the contract or until such other time as their removal may be authorized by the Owner or his representative. l 1.4 Quality Assurance A Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done. The Contractor shall rebuild, restore, and make good at his own expense, all injury f• h and damage to same which may result from work being carried out under this contract. B. The Contractor shall take all necessary precautions to assure the safety of the park visitors during the construction and cleanup operations. The Contractor shall maintain and keep in good repair the work intended under these Plans and Specifications and shall perform all necessary repair, construction, and renewal to the date of acceptance by Owner. C. Any utilities and irrigation lines shown on plans are for information only and are not guaranteed by the Owner to be accurate as to location and depth. The Contractor's attention is directed to the fact that other underground utility lines may exist that Owner is not aware of. It is the Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. Damage to utilities will be repaired at Contractor's Expense. 1.5 Permits and Taxes A The Owner shall obtain and pay for all construction permits, fees, licenses, etc., as may be required by law. The Contractor's contract sum shall include such federal, state, and local taxes as may be applicable to the performance of the contract. 1.6 Guarantee A. The Contractor and any subcontractors hereunder guarantee their respective work against defective materials or workmanship for period of two (2) years from date of filing notice of completion by the Contractor and acceptance by the Owner. The shall take precedence over other mentions of guarantee elsewhere in the specifications book SECTION 02 2. Site Preparation 2.1 Fence Removal A The Contractor will remove the fence fabric on the courts being renovated, and reattach as per drawings or new fence material added as per alternate. Contractor to dispose of material if new material is used. (Parks Department has option to salvage any materials). 2.2 Judge Chairs A The Contractor shall remove and salvage the two existing Judge chairs (if any) and reinstall them on new concrete. 2.3 Net Posts and Foundations A. The Contractor shall remove existing net posts and foundations. 2.4 Other Items A. Light Poles standards shall not be moved. Benches with bench footings shall be removed by contractor and reinstalled as per drawings to new height. s 2.5 Existing Concrete Tennis Courts r„ A. The existing Asphalt surface of the Tennis courts shall have 3/4" holes drilled at intervals not exceeding three feet (3% as per drawings, each way to allow drainage at a depth sufficient enough to drain. ` SECTION 03 3. Drainage Provisions 3.1 Backfill A. Backfill areas adjacent to tennis court areas shall be composed of a suitable earth material compacted to the same density as the surrounding soil. Materials used shall be that excavated from the drainage trenches. Any excess excavated materials shall be removed from the site by the Contractor and deposited at a site designated by the Owner. i SECTION 04 4. Slope Requirement 4.1 Slope Requirement . A. All excavating, filling, compacting, grading, and leveling work required hereunder shall be erformed so that the finished court surface slopes one inch Q "01 inn each ten feet (10) on a true plane as indicated on the drawings. Potholes or Bird Baths which hold water after rains will not be tolerated. SECTION 05 5. Base Construction 5.1 Base Construction A. Existing Asphalt court shall remain intact and become base material for new courts. A minimum two inch (02") layer of sand should be used to cover existing asphalt and separate the new (6" nun.) concrete layer. r- i B. Place two layers of 6 mil. plastic vapor barrier between sand and new post -tension concrete as shown on plan. SECTION 06 6. Concrete 6.1 Cement A. Cement for concrete shall be a standard brand of portland cement conforming to Standard Specifications for Portland Cement, Designation C-150, of the American Society for Testing and Materials. 6.2 Air Entraining Agent A. An air entraining agent shall be used to provide the concrete with entrained air comprisin not less than four percent (4%) nor more than seven percent (7% of the total volume of the concrete. 6.3 Aggregate A. Coarse aggregate shall conform to Standard Specifications for Concrete Aggregates, Designation C-33, of the American Society for Testing Materials (ASTM). Nominal maximum size of aggregate shall be one and one-half (1 1/2) inch. Maximum loss of 18% when subjected to 5 cycles of the Magnesium Sulfate Soundness test; ASTM C-2419. 6.4 Water and Chemical Admixtures A. Water shall be clean, clear, free from oil, acid, or organic matter and free from injurious amounts of alkali, salts, or other chemicals. B. Chemicals Admixtures shall conform to ASTM C-494. 6.5 Post -Tensioning A. Post -tensioning material shall consist of 1/2 inch diameter, seven wire stress relieved strands, conforming to ASTM A416 with an ultimate strength of 270 KSI. Strands shall be coated with a permanent rust preventative lubricant and wrapped with plastic sheathing. If strand sheathing is damaged or removed, it is to be repaired by taping. Exposed strands should be concealed at the anchor. End anchorage devices will conform to PTI specifications. All dead end anchorages must be power seated. New post tension cables shall be placed on eighteen (IS") inch centers in both the length and width directions. All strands are to be supported on chairs and tied at all intersections or securely supported on chairs and tied at all intersections or securely supported in beams to prevent vertical and horizontal movement during concrete placement. Concrete must be r I n well consolidated, especially in the vicinity of strand anchorages. Strands of 1/2 inch diameter shall be anchored at 28.0 KIPS, but may be initially stressed at 33 KIPS. A 9 inch diameter centered on the strand axis by a 36 inch length shall be allowed for stressing equipment clearance. The cables will be stressed approximately 7 days after pour. Extreme care should be taken to prevent injury from operator error or failure of equipment or materials. 6.6 Thickness of Concrete A Concrete work shall be a minimum of six (6") inches thick, with finished surface complying with the elevations shown on the plans. 6.7 Forms and Screeds A Forms and Pipe Screeds shall be accurately set to the lines and grades indicated on drawings and be securely staked to prevent settlement for movement during placing of concrete. Two rows of pipe screeds shall be placed at the on -third width of each court (approximately 17 foot centers). Forms shall remain in place until the concrete has taken its final set. 6.8 Expansion Joints A. A non -extruding expansion joint measuring three -fourths inch (3/4") wide shall be installed vertically around all fence posts. Single courts shall be poured monolithically. The bottom edge of expansion joints shall extend to the bottom of slab; top edge shall be held seven -eights inch (7/8") below the surface of the slab by a tack strip of plywood with its top flush with the finished slab surface. Concrete edges at joints shall be tooled with an edging tool having a radius of one-fourth inch (1/4"). After concrete has cured, tack strips shall be removed and the joints sealed with an elastomeric sealing compound. B. Double courts shall have a metal keyed construction joint between courts. 6.9 Concrete Proportioning, Mixing and Testing A The concrete shall have a compressive strength of not less than four thousand (4,000) pounds per square inch at twenty-eight (28) days after placement. Retempering of any concrete is forbidden. Ready - Mixed concrete may be used provided that it is mixed and delivered in accordance with Specifications for Ready -Mixed Concrete, ASTM C-94. B. Concrete Mix Design Parameters: Minimum Strength — 4,000 psi Slump — 3" ± 1" Maximum Water Cement Ratio = 0.48 Entrained Air Content = 5% + 1% Concrete Mix Design shall be conducted in accordance with ACI 211(absolute volume method). C. Concrete Material Tests Pre -construction Tests The Contractor will submit test certificates from an approved commercial laboratory on all aggregates proposed for use in this work. Tests should be made approxitmately 20 days before beginning the concrete operation. The Contractor will submit, in advance of construction, the mix design and the results of compression tests made by a commercial laboratory. Tests shall be made on 6 cylinders, 3 tested in 7 days, 3 tested at 28 days. Additional tests shall be furnished if the material source is changed or if concrete used varies from the original design. The City of Lubbock's Engineer shall approve the mix design after the Pre -construction tests have been completed. Construction Tests Tests of the aggregates and the concrete will be made by the City of Lubbock's Engineer Department during construction to determine conformity with the specifications. Tests cylinders will be made in accordance with the "Method of Making and curing Concrete Compression and Flexure Test Specimens in the Field", (ASTM C-31). The Specimens shall be cured under standard moisture and temperature conditions in accordance with the requirements of ASTM C-31. The Contractor shall cooperate in securing and storing samples and shall furnish all materials required for sampling. A minimum concrete strength of 2800 psi shall be attained prior to post tensioning procedures. Any concrete failing to meet strength requirements or air content shall be removed and replaced at Contractor's expense. PA 610 Placing Concrete A Concrete shall be transported, placed, and spread in such a manner as to prevent any segregation of the aggregate. Each full court shall be placed in one (1) continuous operation without construction joints. i } 6.11 Flat and Finish Work A The concrete shall be brought to the grades indicated on drawings by pulling a vibrating strike off template along the screeds a minimum of two times. The larger particles of the aggregate may be forced slightly below the surface of using a grid tamp. The surface shall then be floated r. with a long handled metal float to a uniform grade so as to contact a ten (105 foot straight edge within a plus or minimum of one -eight ' inch (1/8"). Extra care shall be taken so that the area near joints and edges shall not be or depressed. The final finish shall be obtained with a steel trowel used in small circular movements to obtain a "swirl" pattern providing a uniform non -glassy surface texture, or with a fine hair broom. Depressions or pot holes r will not be tolerated. A ten foot straight edge shall be used to measure low spots which under no circumstance shall be greater than 1/8 inch. There shall be no standing water after a rain. Should the finished concrete court fail to meet these requirements, the Contractor shall be penalized by non-payment by the Owner or he shall at his own expense apply an approved acrylic leveling base course free from all Birdbaths. r 6.12 Curing Slabs r•• A. The concrete immediately after finishing shall be kept continuously moist for seven (7) days by covering with continuously wetted burlap, plastic sheet or building paper covering or by fog spraying. Use of curing compounds and admixtures of any kind is forbidden. SECTION 07 7. Net and Equipment 7.1 Post Foundations 'j A Post foundations shall be not less than twenty-four inches (24") in diameter at the top, not less than thirty inches 30" in diameter at the bottom, and not less than thirty-six inches (36" ) in depth. Foundations shall be so situated as to provide a clear distance between posts of forty-two (42') on aU courts. Concrete for ►- foundations shall be mixed in ratios of six (6) standard 94-pound POW i sacks of cement per cubic yard of concrete, with one (1) such sack of cement to not more than six (6) U.S. gallons of water,attaining a compressive strength of not less than three thousand five hundred (3,500) pounds per square inch at the twenty-eighth (28th) day after pouring. 7.2 Net Posts and Sleeves A. Net posts shall be galvanized steel having an outside diameter of not less than four inches (4"), complete with post caps, galvanized steel ground sleeves, ground sleeve covers, and eye bolts with nuts, or level ratchet -type net tightening devices for non- metallic nets. Posts and the sleeves therefore shall be set where indicated on the drawings and shall be plumb and true so as to support the net at a height of forty-two inches (42") above the court surface at the net posts. Posts and ground sleeves shall be B-491-S Tennis Post with Ground Sleeve as manufactured by Bergfeld Recreation Inc. or approved equal. 7.3 Center Strap Anchor A. Center strap anchors, of the type shown on the drawings, shall be furnished and installed by the Contractor as shown on drawings. 7.4 Net A. Tennis nets shall be MacGregor model # TN390D, no substitute. Tennis nets will be furnished and installed by the Contractor. SECTION 08 B. Color Finish System. and Line Painting 8.1 General A. A two (2) color, green inside of playing lines and red outside of playing lines, finish system for Portland Cement Concrete Tennis Courts conforming to U.s. Tennis Court and Track Builders Association Specification Type V shall be applied to the concrete surface. This shall consist of a penetrating prime coat, two filler coatS,r a finish coat, and white line painting. The finish system shall be of one hundred percent (100%0) acrylic material such as "Plexipave Color V» r Finish System" as manufactured by California Products corporation or an approved equal. Materials shall be delivered to the site in sealed, properly labeled containers and water used in all mixtures shall be fresh and clear. Application shall be with eiteen inch (18") to thirty six inch (36") long flexible rubber squeegees for filler coats and wide, hair type push brooms for finished coat. 8.2 Limitations A. Do no apply in temperatures below 50 degrees ,. Fahrenheit or when rain or high humidity is eminent, or when surface temperature is to excess of 130 degrees Fahrenheit. r 8.3 Surface Preparation A. Concrete shall be completely cured before any surface �- coloring is applied. A minimum of (30) days is normally required. All foreign material shall be thoroughly removed. The concrete shall be etched with acid in a manner recommended by the manufacturer of the finished material to be applied. After etching apply a penetrating prime "wash" coat of the finish surface material mixed with two (2) parts water by pouring on the surface in ind rows and spreading evenly. The surface after drying, shall be flooded with water, and allowed to drain. Mark the areas where water is standing over one -sixteenth inch (1/16") deep. Using undiluted finish surface material, trowel or screed "^ material in the depressions to bring to proper level. Ifmore than one -eight inch (1/8") is required, apply in multiple coats and add twenty percent (20%) r aggregate. Repeat this.procedure until all depressions' holding water one -sixteenth inch (1/16") deep or more are eliminated. 8.4 Finished Surface A. On concrete surface, apply sufficient coats (with a minimum of two) of Acrylic Filler Coat at the rate and as recommended by the manufacturer to provide a smooth uniform surface free from low spots, ridges or seams. �- Apply two coats of Acrylic Color for Tennis Courts at the rate and as recommended by the manufacturer. Accurately locate and apply the Acrylic Line Paint. 8.5 Penetrating Prime Coat MW A. Using one (1) part of finish coating material to two (2) parts water, apply a "wash" coat by pouring on surface in wind -rows and spreading evenly. Allow to thoroughly dry. Flood area with water. After twenty (20) minutes, wash perimeters of all areas where water is standing over one -sixteenth inch (1/16"). Using finish coating material as it comes from container (undiluted), trowel or screed material to bring to proper level. If more than one -eight inch (1/8") is required apply in multiple coats and add twenty percent (20%) by volume of fine aggregate (sand). Allow to thoroughly dry. Remove all ridges and feather all edges to avoid patch appearance. 8.6 Filler Coat A. 'Apply two (2) coats of one hundred percent (100%) acrylic Filler Coat at a rate of not less than 0.08 gallons per square yard for the two (2) coats (269 gallons minimum for 3360 square yards) in accordance with the manufacturer's directions. The first coat shall be applied lengthwise of court and the second coat, crosswise of the court. Dilution of the Filler Coat shall be fifteen (15) to twenty (20) gallons of water of each thirty (30) gallons of Filler Coat Material. 8.7 Finish Coat A. Prior to applying the Finish Coat, make a final, careful inspection and remove any ridges, loose or foreign particles. Apply one (1) coat of one hundred percent (100%) acrylic Finish Coat as directed by the manufacturer at a rate of not less than 0.04 gallons of material 135 gallons minimum for 3360 square yards). The application shall be made parallel to the net line and shall produce a uniform color throughout when viewed from a distance of twenty five feet (25D from any edge of the court at mid -day. Dilution of the Finish coat shall be one (1) part water to one (1) part Finish Coat Material. 8.8 Lines A White playing lines shall be applied as shown on the drawings using one hundred percent (100%) acrylic Line Paint. Application shall be made with brush, roller or spray and marking equipment, and shall be free from any fogging, splatter or over spray. r poll SECTION 09 �•, 9. Fencing o- 9.1 Height of Fence r" A Overall height of fence when erected shall be as shown on drawings. r� 9.2 Chainlink Fabric A The chainlink fabric shall be No. 11 gauge and one and r.. three-quarters inch ( 1 3/4") mesh conforming to Standard E Specifications for Zinc -Coated Iron or Steel Chainlink Fence Fabric Galvanized after weaving, Class H ASTM r Designations A-392 or Standard Specifications for Aluminum -Coated Iron or Steel Chainlink Fence. i Fabric Galvanized after Weaving, Class II, ASTM Designation A-491. Top and bottom salvage shall have a knuckle finish. Fabric shall be free of barbs, icicles, or other projections resulting from the galvanizing process, and any fabric not free thereof will be rejected even though erected. Bottom of fence fabric shall be 1/4" plus or minus above court surface. 9.3 Line Posts �. A The chainlink fabric shall be tied to the line posts with No. 9 gauge soft annealed galvanized tie wire. 4 + 9.4 Terminal (Corner) and Gate Posts 1' A Terminal and Gate Posts shall conform to Standard Specifications for Black and Hot -Dipped 'zinc -Coated (Galvanized) Welded and Seamless Pipe for Ordinary Uses. ASTM Designation A-120, to match existing. r.. 9.5 Terminal and Gate Post Fittings A Terminal and gate post fittings, including tension bands, brace connections, and tip rail connections, r" shall be No. 9 gauge, hot -dipped, galvanized, cold - rolled carbon steel. No aluminum, cast iron, or pot metal fittings will be accepted as equals or substitutes. Top rail, brace, and truss bands shall not be less than one inch (I") wide, secured by three -eighths inch (3/8") diameter carriage bolts and nuts. 9.6 Top Rail A. Top rail shall meet the same specifications of quality as line and terminal posts. The top rail shall have an outside diameter of one and five -eighths inch (1 5/8") and weigh 2.27 pounds per lineal foot. An outside sleeve -type coupling measuring not less than seven inches (7") in length shall be provided at each interval of twenty feet 20). The chainlink fabric shall be tied to the top rail at intervals of twenty- four inches (24") with No. 9 gauge soft annealed galvanized steel or aluminum tie wire. 9.7 Braces for Terminal and Gate Posts A Terminal and gate posts shall be strengthened and reinforced by braces meeting and same specifications of quality as line and terminal posts. Braces shall be installed midway between top rail and court surface and extend from each terminal posts to the first adjacent line post. Braces shall be securely fastened to posts by heavy pressed steel connections and also be trussed from line post back to terminal post with a three -eighths inch (3/8") round truss rod complete with tightening unit. 9.8 Bottom Tension Wire A Wires shall be No. 7 gauge galvanized steel coil tension wire, high carbon or hard drawn, ASTM designation A-116, Class II; Galvanized or Aluminum Coated, running through the mesh and fastened to the chainlink fabric at intervals of twenty-four chainlink fabric at intervals of twenty-four inches (24") with No. 9 gauge galvanized hog rings. 9.9 Post Spacing And Setting A. New line posts shall be set a full thirty-two inches (32") in a thirty-six inch deep concrete foundation having a minimum diameter of twelve inches (12"). Terminal and gate posts shall be set a full thirty-six inches (36") in a forty inch (40") deep concrete foundation having a minimum diameter of twelve inches (12"). Concrete for post foundations shall be the same as that specified for the tennis courts. Spacing of posts in the line of fence shall be as shown on the drawings. 9.10 Post Tops 7M A. Tops of line posts shall be of a malleable casting. The base of tops shall extend below the top of the post not less than two inches (2"). The tops shall be provided with a hole suitable for the through passage ` of the top rail. Terminal posts tops shall be of malleable iron casting, and be designed so as positively to exclude all moisture from the terminal post. 9.11 _ Gates A Remove existing fence fabric from existing gate frames. Add new fence fabric to match new fencing to existing gate frames. Replace any missing of damaged hardware. Adjust gate so that they can be opened and closed quickly and easily. Gates shall be equipped with a positive latching device that will accommodate padlocking. Hinges, latches, and catches shall be one of the manufacturer's standard designs as selected and approved by the Owner.