HomeMy WebLinkAboutResolution - 4987 - Contract - Rudd-Palmer Company Inc - Coliseum Seating Area Floor Sealing - 10_12_1995Resolution No. 4987
October 12, 1995
Item #22
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 Rudd -Palmer Company, Inc., of Amarillo, Texas, to furnish
and install all services and materials as bid for the Coliseum Seating Area Floor Sealing, 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:
&to,- LL C�4
etty Nf. ohnson, tity Secretary
APPROVED AS TO CONTENT:
1
Victor Kilman, Airchasing Manager
APPROVED AS TO FORM:
DMald G. Vandiver, Fi
Assistant City Attorney
:dp:cedocslrudd.res
October 3,1995
4qF?
CITY OF LUBBOCK
SPECIFICATIONS FOR
COLISEUM SEATING AREA FLOOR SEALING
BID #13371
6y
i
CITY OF LUBBOCK
Lubbock, Texas
Kos y�g7
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
Office of
Purchasing
MAILED TO VENDOR: September 20,1995
CLOSE DATE: September 27,1995 0 2:00 P.M.
BID #13371- COLISEUM SEATING AREA FLOOR SEALING
ADDENDUM #2
Please modify or amend Contract Documents as follows:
1. All additional to be included in Base Bid are as per the enclosed sheets prepared by
Jones Rowntree Architects.
2. Please use the enclosed bid form, which includes Alternate No. 1, for bid submittal.
PLEASE RETURN ONE COPY WITH YOUR BID
i�
I
V ADDENDUM NO. TWO (2)
r"I To drawings and specifications dated: July 27, 1995
For: Lubbock Municipal Coliseum Seating Area Floor Sealing
Prepared by: Jones Rowntree Architects
Addendum date: September 20, 1995
NOTICE TO BIDDERS: -
A. This addendum shall be considered part of the contract
documents for the above mentioned project as though it has
been issued at the same time and incorporated integrally
therewith. Where provisions of the following supplementary
data differ from those of the original contract documents,
this addendum shall govern and take precedence.
B. Bidders are hereby notified that they shall make any
necessary adjustments in their estimates on account of this
addendum. It will be construed that each bidder's proposal
is submitted with full knowledge of all modifications and
supplemental data specified herein.
� I
j ITEM NO. 1 -- Prime Gel 2000 High Mod, manufactured by Prime
I. Resins, Inc. is hereby approved as a substitute for specified
products in Section 03700, Concrete Restoration.
A
IF ITEM NO. 2 - In addition to the nosing joints shown on plans,
contractor shall seal the floor/riser inside corner J oint located
under the seats in all seating areas designated to be sealed.
See attached drawing. Surfaces shall be thoroughly cleaned and
f joint shall be fillet caulked with Sonneborn Sonolastic NP 2 two
r'y part polyurethane sealant as manufactured by Chemrex, Inc. or
equal.
rV ITEM NO. 3 - Contractor shall provide unit pricing (per lineal
foot) to remove and replace sealant and backer rod at exisitng
expansion joints in the floor of the designated seating areas of
r• the coliseum building. At selected areas, existing joint'
material and backer shall be completely removed and surfaces
cleaned. Contractor shall install Sonneborn Sonofoam Backer Rod
and Sonneborn Sonolastic NP 2 two part polyurethane sealant as
manufactured by Chemrex, Inc. or equal. Width of joints is
approximately 1 1/4". Contractor shall verify actual width of
joints and provide backer rod with diameter 1/4" larger than
( joint. Sealant depth shall be 1/2" minimum.
f ITEM NO. 4 - For clarification purposes, 120 days will be allowed
r, for completion of work included in base bid, including work
outlined in current addenda; 30 additional days will be allowed
for work included in Alternate No. 1.
�I
Ip END OF ADDENDUM NO. 2
L
JOINT TO BE SEALED IN ACCORDANCE
WITH ITEM NO. � 2 OF ADDENDUM NO. 2. - -
TYPICAL =AT ALL SEATING AREAS TO BE
SEALED AS DESIGNATED ON DRAWINGS.
TYPICAL SEATING SECTI ON
SCALE 3/4" _ ,'-0"
LUBBOCK MUNICIPAL COLISEUM
SHT N0.
H0. 2
ADDUIDUA,ff
SEATING AREA FLOOR SEALING
DATE
®
JONES ROWNTREE ARCHITECTS 3824 5OTH. SUITE D. LUBBOCK, TX 79413-3808 (806) 792-0096
BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE:
DATE:
PROJECT NUMBER: 13371- COLISEUM SEATING AREA FLOOR SEALING
Bid of (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a
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.
MATERIALS: (S )
SERVICES: (S )
TOTAL BASE BID:
ALTERNATE NO.1 Construction joints on arcna floor.
(S )
1
MATERIALS: ($ )
r SERVICES: ($ )
TOTAL ALTERNATE NO. 1: ($ )
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY) 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 $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set
forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents.
f
7:
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction
number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to
the order of the City of Lubbock in an amount not less than five percent (S% ) of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) days after notice of
award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for Dollars
r (S ) or a Bid Bond in the sum of Dollars ($ ), 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.
PM 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.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
r
Contractor
(Printed or Typed Name)
Company
Address
City, County
State
Telephone: L_)
Fax Number:
Zip Code
l
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
Office of
Purchasing
MAILED TO VENDOR: September 19, 199 5
OLD CLOSE DATE: September 20,1995 @ 2:00 P.M.
NEW CLOSE DATE: September 27,1995 @ 2:00 P.M.
BID #13371- COLISEUM SEATING AREA FLOOR SEALING
ADDENDUM #1
Please modify or amend Contract Documents as follows:
1. Due to additional work to be included in Base Bid Item, the closing date has been
changed from September 20th, 1995, at 2:00 P.0 to the RM closing date of
September 27th,1995, at 2:00 PAL
2. Addendum No. 2 describing additional work to be included in base bid -will be issued
within the next four (4) working days.
PLEASE RETURN ONE COPY WITH YOUR BID
CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: COLISEUM SEATING AREA FLOOR SEALING
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13371
PROJECT NUMBER: 5241.9937
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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DESTINATION -CITY
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ZIP
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CONSIGNEE
City of LJULtboT..k: T, uz-&.asing 1),_r t
CUSTOMER
NUMBER
STREET
DATE SHIPPED
SHIPPER'S NUMBER AND DATE
1-0/17/95
SHIPPER
CUSTOMER
ORIG. CARRIER
DEST. CARRIER
Co.
Rudd-Palubn- CTrio.
NUMBER
STREET
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• VALUE
$
$
$
ALL CHARGES ARE COLLECT UNLESS
MARKED PREPAIQ.
PREPAID o
CITY
STATE
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EXPRESS
CHARGE
AMARILLO
TX
CODE
SHIPPER'S CERTIFICATION: "This is to certify that the above named materials are properly classified,
described, packaged, marked and labeled, and are in proper Condition for transportation according to the
applicable regulations of The Department of Transportation:'
SIGNATURE
VALUE
CHARGE
-
NO. PIECES
DESCRIPTION
WEIGHT
RATE
SERVICE
CHARGE
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C.O.D.
CUSTOMER CHECK
ACCEPTABLE o
ADVANCE
CHARGE
SIGNATURE
OTHER
CHARGE
E AERGENCY RESPONSE *
TOTAL
CHARGES
ACCEPTED FOR.CARRIER BY:
RECEIVED IN GOOD ORDER EXCEPT AS NOTED
DATE DELIVERED
TIME DELIVERED
DRIVER'S SIGNATURE
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AM
PM
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TIME:, -'AM
PM
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.O.BOX 1147 WOODWARD.OK 73802-1147
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AMARILLO, TX 79120
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INDEX
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1.
NOTICE TO BIDDERS
r
}
2.
GENERAL INSTRUCTIONS TO BIDDERS
,..
3.
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
4.
PAYMENT BOND
5.
PERFORMANCE BOND
6.
CERTIFICATE OF INSURANCE
l
7.
CONTRACT
r-t
S.
GENERAL CONDMONS OF THE AGREEMENT
9.
CURRENT WAGE DETERMINATIONS
'~
10.
SPECIFICATIONS
N
11.
SPECIAL CONDMON
NOTICE TO BIDDERS
i
PO+,
17
NOTICE TO BIDDERS
BID #13371
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the
r"4 Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the
i 20th day of September,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:
+^ "COLISEUM SEATING AREA FLOOR SEALING"
I�
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing
Manager and publicly read aloud.
T
` It is the sole responsibility of the bidder to insure that his bid is actually in the office of the 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 12th day of October, 1995 at the Municipal Building, 1625 13th Street,
Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any
formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article
5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the rating of the
bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required
�^ Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check
issued by a bank satisfactory to the City of Lubbock, or a 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 (51/o) 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 ten (10) days after notice of award of the
jcontract 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
r considered in the preparation of the bid submitted. There will be a pre -bid conference on 13th day of September, 1995, at 10:00
o'clock am. in the Committee Conference Room, 103, Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the
�- contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to
in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the
requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
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.
r
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
c
VICTOR KILMAR
PURCHASING MANAGER
Bid documents may be obtained upon request from the Purchasing Department at 162 13th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Faz (806)767-2164.
.7
GENERAL INSTRUCTIONS TO BIDDERS
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2.
+ 4.
5.
J,
rt
r
6.
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 COLISEUM SEATING AREA FLOOR SEALING.
CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
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.
BIDDER INOUIRMS
No bidder shall request any information verbally. All written requests for additional information or clarification concerning
this bid must be addressed to:
RON SHUFFIELD
SENIOR BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806)767-2164
TWE 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.
PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
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
r
the contract documents have been paid in frill and that there are no claims pending, of which the Contractor has been
notified.
MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will be
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.
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).
10. PLANS FOR THE CONTRACTOR
The contractor will be famished one set of plans and specifications, and related contract documents for his use during
construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The
Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for
proper prosecution of the work contemplated by the Contractor.
11. 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.
12. 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.
13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to
exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground
structures which might or could be damaged by Contractor during the construction of the project contemplated by these
contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
i 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,
r.. at Contractor's expense.
14. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take
such other precautionary measures for the protection of persons, property and the work as may be necessary. The
Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and
�► when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost
{ and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date
of issuance to Contractor of City's certificate of acceptance of the project.
15. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City.
r" In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for
all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
r•. 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 uses where explosives are to be used during the construction of the project contemplated by this contract, it shall be
the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the
site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable
the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however,
shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.
16. 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.
17. INSURANCE
P
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
r, 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.
18. 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
row requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above
r mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract
within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the
Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and
obtain written permission from the Owner's Representative to do such work The final decision on whether to allow
construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract
which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day
of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.
19. 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.
20. 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.
21. 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:
i
r 22
(a) Bidder's name
(b) Bid for (description of the project).
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.
BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by
reference into the aforementioned contract documents.
__ _ LeL- _._ . U-- - (_ - - -- L_- t ____. L `_ _ L _ .- C--- . a IL- t- _ L__ - t - L-1-1
r"
POR
BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE: 1501 6th St. Lubbock, Tx.
DATE: September 27, 1995
PROJECT NUMBER: 13371 - COLISEUM SEATING AREA FLOOR SEALING
Bid of Rudd —Palmer Co., Inc.
(hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a 13371 Coliseum Seating
Area Floor sealing
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
r 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
r price stated below. The price to cover all expenses incurred in performing the work required under the contract documents.
MATERIALS: Four Thousand, Five Hundred and no/100---------------- ($ 4,500.00 )
rSERVICES: Forty—three thousand, Four Huridred Fifty—two and no/100--($ 43,452.00 )
4
TOTAL BASE BID: Forty—seven thousand, Ninehundred Fifty—two !dollarssc 47, 952.00 )
ALTERNATE NO. 1 Construction joints on arena floor.
MATERIALS: Three thousand, Nine Hundred dollars ($_3900.00 )
SERVICES: Thirty—three Thousand, One hundred Three dollars ($ 33,103.00 )
TOTAL ALTERNATE NO. l: Thirty —Seven Thousand Three dollars ($ 37,003.00 )
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
,., Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY) 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 $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set
r forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction
number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
7" specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
7 Bidders are required, whether or not a payment or performance bond is required, to subnvt a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to
the order of the City of Lubbock in an amount not less than five percent (5% ) of the total Eumount of the bid subir itted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) days after notice of
award of the contract to him.
r Enclosed with this bid is a Cashier's Check or Certified Check for 0 Dollars
! ($ 0 ) or a Bid Bond in the sum of 0 5 o Dollars (S ), 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
FIR 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
i 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.
Contractor
Kelvin Allen
(Printed or Typed Name)
Rudd -Palmer Co., Inc.
Company
80 Benham
Address
Amarillo- Putt r
City, County
Texas 79106
.- State Zip Code
Telephone: 8( 0 6 ) 37 4-8 581
Fax Number. (806 ) 373-6440
(Seal if Bidder is a Corporation)
A T:
r- Secretary
r-�
Sept 26, 1995
Project: 13371 Coliseum seating area floor sealing
As per addendun # 2 Item 3
Unit price $3.89 per lineal foot
We acknowledge 2 addendums
♦ p N.4
y�.
n. Bituminous CORPORATION
320 • 78'n Sirev • Rocx Isiand. IL 61201. -
f"
BID BOND
The American Institute of Architects.
AIA Document No. A310 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS. that we Rudd —Palmer CO . , Inc., 80 South Bonham,
Amarillo, Texas 79106,
as Principal. hereinafter called the Principal, and Bituminous Casualty Corporation
r+
as Surety. hereinafter called the Surety. are held and firmly bound unto the City of Lubbock,
r P. 0. Box 2000, Lubbock, Texas 79457,
as Obligee. hereinafter called the Obligee, in the sum of Five Percent of the Total Amount
r
Bid----------------------------------------------- Dollars($ 5% ).
for the payment of which sum well and truly to be made. the said Principal and the said Surety, bind ourselves, our heirs,
executors. administrators. successors and assigns. jointly and severally, firmly by these presents.
WHEREAS. the Principal has submitted a bid for Project Number: 13371 — Coliseum Seating
Area Floor Sealing
Now. THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the.terms of such bid. and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds. if the Principal shall pay to the Obligee the difference not to exceed the pen-
alty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and seated this 27th day of -September 19 95.
i
t" Rudd —Palmer Co.. Inc.
PFMCIPAL (SEW
WITNESS
j: f3y' •Cu��
A Kelvin Allen, Tm.1E President
BITUMINOUS CASUALTY CORPORATION
SURETY tSEAW
PEI WITNESS
I By
ATTORNEYdri-i'ACT
Robert vington,
LIST OF SUBCONTRACTORS
1.
2.
3.
4.
S.
6.
7.
8.
9.
10.
Minority Owned
Yes No
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
0 ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
PAYMENT BOND
BOND CHECK
BEST RATING
LICENSEE; IN TEXAS
DATED'* By
0 I�;1 * ** *
BITUMINOUS Bond No. BCN 1045146
IIIII�, Casualty Corporation
TEXAS STATUTORY PAYMENT BOND
(PUBLIC WORKS)
KNOW ALL MEN BY THESE PRESENTS: That Rudd -Palmer Co., Inc., 80 South
Bonham, Amarillo, Texas 79106
(hereinafter called the Principal), as Principal, and BITUMINOUS CASUALTY
CORPORATION, a corporation organized and existing under the laws of the State
of Illinois, licensed to do business in the State of Texas and admitted to
write bonds, as surety (hereinafter called the Surety), are held and firmly
bound unto the City of Lubbock, Texas
(hereinafter called the Obligee), in the amount of Forty-seven Thousand
Nine Hundred Fifty-two & No/100------- --------------- ----------- Dollars
(g ,952.00 ) for the payment whereof, the said Principal and Surety
bind themselves, and their heirs, administrators, executors, successors, and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with the
Obligee, dated the 12th day of October , 19 95 ,
for Bid #13371 - Co seum Seating Area Floor Sealing, Lubbock, Texas.
which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said
Principal shall pay all claimants supplying labor .and material to him or a
subcontractor in the prosecution of the work provided fox, in said contract,
then this obligation shall be null and void; otherwise to remain in full force
and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Chapter 2253 of the Texas Government Code and all liabilities on this bond
shall be determined in accordance with the provisions, conditions and
limitations of said Chapter to the same extent as if it were copied at length
herein.
IN- WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this 17th day _of October 19 95
ATTEST:
By: - k4 C..1.1 r--4,-
(Seal)
APPROVED AS TO FORM:
r-
G By:
Obligee the City of Lubbock,
Lubbock County, Texas.
PRINCI • Rudd -Pa e:r Co., Inc.
By. w'-•� Lv--
Kelvin Allen, President
BITUMINOUS CASUALTY CO"ORATIO
By:
Attofney In Fact Robert/C�vington
TEXAS ADDRESS OF SURETY: o
P. O. BOX 167968
IRVING, TEXAS 75016-7968
FAX: (214) 869-3130
Member of the Old Republic Insurance Group
PERFORMANCE BOND
BOND CHECK
BEST RATING
LICENSE IN TEXAS
DAT6I BY
n
I:
BITUMINOUS
1111 II(II* * Casualty Corporation
Bond No. BCN 1045146
TEXAS STATUTORY PERFORMANCE BOND
(PUBLIC WORKS)
f
KNOW ALL MEN BY THESE PRESENTS, That
Rudd -Palmer Co., Inc., 80 South
Bonham,
Amarillo, Texas 79106
(hereinafter
called the Principal), as
Principal, and BITUMINOUS CASUALTY
CORPORATION,
a corporation organized and
existing under the laws of the State
of Illinois,
licensed to do business in
the State of Texas and admitted to
write bonds,
as surety, (hereinafter called the Surety), are held and firmly
bound unto the City of•Lubbock, Texas
(hereinafter called the Obligee), in the amount of Forty-seven Thousand
Nine Hundred Fifty-two & No/100----------------------------------- (Dollars)
($ 47,952.00 ) for the payment whereof, the said Principal and Surety bind
r themselves, and their heirs, administrators, executor=;, successors, and
assigns, jointly and severally, firmly by these presents:
WHEREAS, the Principal has entered into a certain contract with the
Obligee, dated the 12th day o.f October . 19 95
for Bid #13371 - Coliseum Seating Area Floor Sealing. Lubbock, Texas,
r which contract is hereby referred to and made a. part hereof as fully and to the
` same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said
Principal shall faithfully perform ,the work in accordance with the plans,
specifications and contract documents, then this obligation shall be null and
r void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Chapter 2253 of the Texas Government Code and all liabilities on this bond
shall be determined in accordance with the provisions, conditions and
limitations of said Chapter to the same extent as if it were copied at length
herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this 17th day of October ,19 95
ATTES
By:
(Seal)
APPROVED AS TO FORM:
By:
Obl ee the City of Lubbock,
Lubbock County, Texas.
r-
PRINCI Rudd -Pa mer Co., Inc.
By: wS�• t 1_ '-
Kelvin Allen, President
BITUMINOUS CASUALTY CORPORATION
By.
At rney In Fact Robert vington
TEXAS ADDRESS OF SURETY:
P. 0. BOX 167968.
IRVING, TEXAS 75016-7968
FAX (214) 869-3130
Member of the Old Republic Insurance Group
_ _ _ __
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CERTIFICATE OF INSURANCE
7
F
I
r
r
rr
F
F
r
I
A04.11UL
.................... ............................
DATZ IM
. .... 11/02/93
PRODUCER
upshaw insurance Agency, Inc.
I THIS CERTIFICATE 13 ISSUED AS A MATTER OF MRMATION
ONLY AND CONFERS NO RICIM UPON THE CMIMPICATE
NOLDEFL THIS CERTIFICATE DOES NOT AMEND, VMD OR
P. 0. Box 1299
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Amarillo TZ 79103-1299
COMPANIES AFFORDING COVERAGE
COMPANY
A ComercLal union Insurance Co.
Charles R. Allen
806-372-5351
INSURED
COMPANY
a Employers ftra Insurance Co.
Rudd -Palmer Company, Inc.
A Specialty supply
COMPANY
0 Texas W.C. insurance Fund
80 at Bonham
Amarillo 22 79106
COMPANY
D
X
•
1. M . 8 1 . S' . TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WK0j THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUILIECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TYPE OF INSURANCE
i
POLICY NUMBER
POLICYEFFECTIVE
I DATKIMMMI)AT)
POLICY EXPIRATION
DAIS IMM)DO1"jLIMRS
OURNMU
UABUrY
GENOA AlSaWATT
ls2400400
A
11
commmcuLaiwuwAaLm
16WE CI OCCUR
CRU73508
10/15/95
10/15/96
MODUCTO - COMPIOP AAQ
112,000,000
--
PERSONAL &ADVINJURY
7 ipocopood
EACH OCCURRENCE
41#000,000
OWNws a coNmcTows PROT
I
FRE DAW131 Wny on fIPW
450,000
MEDWOm9ropenwl
15400
a
I AM AUTO
E] ALL OWNED AUTOS
IC14FDULM AUTOS
PPA028020
10/15/95
10/15/95
COMBINED SINGLE LIMIT
111000,000
110DILY INJURY
(I* PSMON
BODILY t'LIURY
KIRFDAUTO2
$1 NON -OWNED AUTOS
PROPERTY DAMAGE
I I
7
jaVM1UASUw
AUTO ONLY - [A ACCIDENT I I
OTHER THAN AUTO ONLY . .........
ANY AUTO
EACH ACCIDENT 4
ArapiriATz 1. 1
iXCESSUAILrrY
I
EACH OCCURRENCE 7-
AtOPIOATE 141,000,000
A
=I LAAMELLA FORM
CRDE44031
10/15/95
10/15/95
OTHER THAN UMBRELLA FORM
C
WORKERS COMPENSATION AND
EMPLOYM UUIUTY
THE PROPRUORI INCL
PARTNEWEXECUTIVE
OFFMM ARE: EXCL
T8rI0433202
10/13/93
10/11/96
STATUTORY LIMITO .. ..... ...
EACH ACCIDENT 14500,000
DICEMI-Poucyumrr 115001000
DISIME - UCw EMPLOYEE 14500,000
QTHFA
A
omors&contractors
CRR126330
10/18/93
10/1096
230,000
Protective LL&b.
DESCRIPTION OF OPPArIONAILOCATIONANCHICLf"PACIU nUW
Projoct B&I013 71* Contract price $47,932,
Coliseum seating area, floor
IS J,
1:101M I'& k is named so ad4tL*nAl surtd and waiver of
gatLon InD r a r Iacvor. No work to DO subconfrac ed,
rt
ver of a x"a on.
.. ......
p
....... ..... .......... ......
. ..... ............. X.
....... ...
: ...........
......
.... .........
CIT—LUR
....
SHOULD ANY Of THE ARM D160400 POLICIES U CANULM SZORE 74
UPIRATION DATZ THEREOF. THE WUIN2 COMPANY WILL 11MORAVOR 70 MAL
City of Lubbock
Freddie Chavez
P.O. Box 2000
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE 14OLOM NAMED TO THE WT.
RUT FAILURE, TO MAIL SUCH NOTICKAW&LL IMPOSE No CALWATION OR UANUTY
Lubbock TZ 79457
OF ANY KIND UPON THE COMPANY. rF3 AGENTS OR REPRESENTATRU.
AUTHORIZED REPRESENTATIVE
Charles lit. Allen
......................................
..................................
............
... . .
A)DORDA RFCM TIOW 1 0.*:-:.
FLCTOR
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE I POLICY NUMBER POUCYEFFI DATE IMM/DE Dm1 I POUCY DATE QNM D!D IM EXPIRATION I ARE
GENERAL UABIUTY
A $ COMMERCIAL GENERAL LIABILITY CRR.3 73 5 0 B
CLAIMS MADE ®OCCUR
OWNER'S 4 CONTRACTOR'S PROT
i .
B
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
3
$
$
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
A I X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
C WORKERS COMPENSATION AND
EMPLOYERS* LIABILITY
FRAG28029
CRDZ44031
THE PROPRIETOR/ INCL TSF10453202
PARTNERSIEXECUTIVE
OFFICERS ARE: EXCL
OTHER
4 =
10/15/95
10/15/96
GENERAL AGGREGATE
t 2, 000.000
PRODUCTS-COMProPAGO
s2,000,000
PERSONAL & ADV INJURY
$1,000,000
EACH OCCURRENCE
t 1, 000, 000
FIRE DAMAGE (Any one We)
t 50, 000
MED DIP Wry one person)
t 5, 0 0 0
10/15/95
10/15/96
COMBINED SINGLE LIMIT
$1,000,000
BODILY INJURY
(Pa person)
t
BODILY INJURY
fPw eoddent)
t
PROPERTY DAMAGE
t
AUTO ONLY - EA ACCIDENT
t
OTHER THAN AUTO ONLY:
EACH ACCIDENT
t
AGGREGATE
t
10/15/95
10/15/96
EACH OCCURRENCE
t 1, 000, 000
AGGREGATE
t 1, 000, 000
t
10/15/95
10/15/96
STATUTORY LIMITS
......................................
.....................................
......................................
....................................
EACH ACCIDENT
t 5 0 0, 0 0 0
DISEASE -POLICY LIMIT,
t 500, 000
DISEASE - EACH EMPLOYEE
t 5 0 0, 0 0 0
DESCRIPTION OF OPERATIONSWCATIONSIVOUCLES!SPECIAL ITEMS
Auto -City of Lubbock is n#�maned as additional insur d.
Owners Prottect ve Qr C atingent Publ c Liabi i �n he limit of $250,000
CSLieffec 3v 1 -18-9 qff ordered from Commer ih1 Un op Insurance ComLpany.
l ProjectlContracBid, 1 47,95 o seum seating area, ffoor/ce ng, Lubbock, TX
City of Lubbock
Freddie Chavez
!' P.O. Boa 2000
Lubbock T8 79457
CIT - LUB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE, I ED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE p`�,�
f►�i60, !l,
Charles R. AllenoLa„
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CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance Agent/Broker
Prior to Award of Contract Li
r•• I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed
a
by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of
Lubbock, I will be able to, within ten (10) days after being notified of such award by contractor, furnish a valid insurance
,., certificate to the City meeting all of the requirements defined in this bid/proposal.
Agent (Signature) Agent (Print)
t
Name of Agent/Broker:
Address of Agent/Broker:
r"
i
City/State/Zip:
Agent/Broker Telephone #: ( )
Date:
CONTRACTOR'S NAME:
(Print or Type )
CONTRACTOR'S ADDRESS:
NOTE TO AGENT/BROKER
If this time requirement is not met, the City has the right to reject this bid/proposal and award the contract to
another contractor. If you have any questions concerning these requirements, please contact the Purchasing
Manager for the City of Lubbock at (806)767-2165.
P"
BID 913371 - COLISEUM SEATING AREA FLOOR SEALING
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CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on proper
reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to
beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity
will have on file certificates of coverage showing coverage for all persons providing services on the
project; and
(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;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter,
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor
knew or should have known, of any change that materially affects the provision of coverage of any person
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:
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 prrntiding, 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."
j "Call the Texas Workers' Compensation Commission at 512440-3789 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
I' (8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements for all of its employees providing services on the project, for the duration of the
project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(17 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) - R, with the certificate of coverage to be provided to the person for whom they are providing
services. ❑
No Text
7
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I
CONTRACT'
k•• STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 12th day of October,1995, by and between the City of Lubbock, County
of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, theramto authorized to do so, hereinafter referred to
as OWNER, and RUDD-PALMER COMPANY, INC., of the City of Amarillo, County of Potter, and the State of Texas,
hereinafter termed CONTRACTOR
kWITNESSETH: 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 arty) the CONTRACTOR hereby
r, agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #13371- COLISEUM SEATING AREA FLOOR SEALING - S47,952,00
I
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction in accordance with the contract documents as defined in the General
Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given
to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the 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 WFIEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas, in the
year and day first above written.
1 11f /
Gam. -..
ATTEST:
Corporate Secretary
CONTRACTOR
RUD PALMER OMPANY, INC.
By: �� c..c. Ua-
PRINTED W Nu42 �—
TITLE: rr�6-IrlbeA37—
COMPLETE ADDRESS:
Rudd - Palmer Company, Inc.
80 Bonham
Amarillo, Texas 79106
r
GENERAL CONDITIONS OF THE AGREEMENT
7
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.
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: RUDD-PALMER COMPANY, INC., who has agreed
to perform the work embraced in this contract, or to his or their legal representative.
G 1 3. OWNER'S REPRESENTATIVE
" Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
FREDDY CHAVEZ OPERATIONS AND ENGINEERING SUPERINTENDENT City of Lubbock, under whose
supervision these contract documents, including plans and specifications, were prepared, and who will inspect
!-� constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any
particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's
Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, 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
IOM like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like
import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract: with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any
Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents,
but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
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. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout
of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not
relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he
shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and
to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to
make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the
work contemplated by these contract documents or the completion of the work contemplated by these contract documents.
Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be seeded. 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.
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14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative
shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further
agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction
thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of
said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any
action on the contract, and to any rights of the Contractor to receive any money under this contract.
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.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time
such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the
materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is
done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance
required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The
Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so
appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer,
r 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.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of
the terms or obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required
under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Owner's Representative's written
consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also
understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials,
tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be
maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be
constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's
Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location
wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be
ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any
work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's
Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such
tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
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.
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22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with
plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or otherwise remedy such 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
damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and at the unit price established for such work under this contract; otherwise such additional work shall be
paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any
work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for
any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's 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, phis fifteen (15%) percent.
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 withall expenses incurred directly on
account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property
Damage and Workers' 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 in writing, before the work commences the method of doing the work and the
P Y ��Y � g, g type
and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 1001/4, 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 (151/6) of the actual field cost to be paid to Contractor shall
r., 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 Owner's
Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents,
he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully
understands the work to be included and has provided sufficient sums in his 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
(5) days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation
laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and
others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building
and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible
with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, _
indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons
or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the —
execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to
pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including _
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the
Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried
with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection
with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to
contract execution.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $250,000 Combined Single
Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
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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, $250.000 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, $250,000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (0% 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 $2.00 on all contracts with coverage to
correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
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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 CIVCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compcnsation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in 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.
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.
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 ten (10) days after the contractor knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project.
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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 proAding services on the project that
,.., they are required to be covered, and stating how a person may verify coverage 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;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially affects the provision
of coverage of any person providing services on the project; and.
(g) contractually require each person with whom it contracts to perform as required by paragraphs
(1) - (7), with the certificates of coverage to be provided to the person for whom they are
providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is
representing to the governmental entity that all employees of the contractor who will provide services on
the project will be covered by 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.
II. 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 (10) days after receipt of notice of breach from the governmental entity.
G. Proof of Coverage
rBefore work on this contract is commenced, each Contractor and subcontractor still submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
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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 (10) 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) 1f 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; _
(b) provide a certificate of coverage showing workers' compensation coverage to the governmental
entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's current
certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(ii) no later than (7) seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project; --
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter; _
(f) notify the governmental entity in writing by certified mail or personal delivery, within ten (10)
days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project that they
are required to be covered, and stating how a person may verify current coverage and report —
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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 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 512-440-3789 to receive information
on the legal requirement for coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverage " and
(h) contractually require each person with whom it contracts to provide services on a project, to:
(i) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the
project, for the duration of the project;
(ii) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(iii) include in all contracts to provide services on the project the language in subsection (e)
(3) of this rule;
(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
ten (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) - (I), 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
from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the
same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into
contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in
the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this
contractual agreement.
34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and
time for completion as speed 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 $200.00 (TWO
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
r" extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is
I 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,
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
r project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the
r" 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
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Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided.
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37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is
let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other
contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the
estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract,
they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their
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.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the 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,
plans, contract documents and requirements of Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at
any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made,
Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a
waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
payment. Owner's Representative shall review said application for partial payment and the progress of the work made by
the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical
the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement
shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's
Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final
payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this
r 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
7of the retained percentage due Contractor.
€ 43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been
completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance with the contract documents, the
Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the
duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and
prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and
shall certify same to the Owner, who shall pay to the Contractor on or before the 31 st day after the date of certificate of
completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual
obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance nor the final payment, nor any provision,; in the contract documents shall
relieve the Contractor of the obligation for fiilfillment 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 Owners' premises all materials condemned by the Owner's Representative on
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his
own expense promptly replace such condemned materials with other materials conforming to the requirements of the
contract: Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or
replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written
notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for
faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48. TRAE 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 arty 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 of such moneys as may be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under
this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference.
In case such expense is greater than the sum which would have been payable under this contract, if the same had
been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to
the Owner; or
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(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
r. substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to
the Owner under the new contract as compared to what would have been the cost. under this contract, such increase
shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that which would have been the cost to complete the work
under this contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of
completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized
statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and
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 thirty (30) days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
r 50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's
Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value
of all work actually completed by said Contractor at the prices stated in the 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
r„ 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
r' 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.
PM 51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160,
r, Vernon's Annotated.Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to
do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so
r" furnished.
i
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 went 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 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 150,2502
January 8, 1987
Agenda Item #18
r
l
DGV:da
RESOLUTION
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per them 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
�I Ranett6.-Boyd, City Secretary
r j
APPROVED T ONTENT:
Bill Pyne, Dilreftor of Building
Services
t"
January , 1987.
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Do Id G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Hourly Rate
Acoustical Ceiling InstalTer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
10.50
Bricklayer -Helper
5.00_
Carpenter
11.00
Carpenter -Helper
5.50
Cement Finisher
7.35
Drywall Hanger
8.70
Electrician
10.50
Electrician -Helper
5.25
Equipment Operator -
Heavy
8.00
Light
5.70
Floor Installer
8.00
Glazier
7.50
Insulator, Piping/Boiler
9.50
Insulator -Helper
5.00'
Iron Worker
7.30
Laborer, General
4.75
Mortar Mixer -
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65
Roofer -Helper
4.75
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder - Certified
8.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT 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.
SPECIFICATIONS
r LUBBOCK MUNICIPAL COLISEUM
SEATING AREA FLOOR SEALING
LUBBOCK, TEXAS
r-
TECHNICAL SPECIFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS
01005 - Administrative Provisions
01031 - Alteration Project Procedures
01100 - Alternates
01300 - Submittals
01400 - Quality Control
01500 - Construction Facilities and Temporary Controls
01600 - Material and Equipment
01700 - Contract Closeout
DIVISION 2 - SITE WORK
02072 - Minor Demolition for Remodeling
I DIVISION 3 - CONCRETE
r" 03001 - Concrete Work
03700 - Concrete Restoration
DIVISION 4 thru DIVISION 16
Not Used
BRED ARC
K. R44y,�,
-P tom.
G
•� `f'� 65 �2 QCO
r
SECTION 01005
ADMINISTRATIVE PROVISIONS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Work Covered by Contract Documents.
B. Type of Contract.
C. Contractor Use of Premises.
D. Owner Occupancy.
E. Field Engineering.
F. Reference Standards.
1.02 WORK COVERED BY CONTRACT DOCUMENTS
A. The Owner will award a contract to one bidder. The contract
will commence on the date given on the Notice to Proceed. All
work involves construction inside the Lubbock Municipal Coliseum,
Lubbock, Texas. Work covered by this contract includes:
1. Preparation and sealing of the concrete to steel. riser joint
at the nosing portion of designated seating areas of the
coliseum.
2. Removal and replacement of seating as required to accommodate
construction activity.
1.03 TYPE OF CONTRACT
A. The Owner will award a single lump sum contract to one bidder.
The contract will commence on the date given on the Notice to
Proceed.
1.04 CONTRACTOR USE OF PREMISES
A. Limit use of premises to allow:
1. Owner occupancy.
2. Work by Owner.
3. Use of site and premises by the public.
B. Access to Site: Limited to hours that the building is
maintained open by the Owner, unless specific arrangements are
made with the Owner.
C. Emergency Building Exits: All existing emergency, exits shall
remain operable and clear at all times during construction.
01005-1
r
L.
D. Time Restrictions for Performing Work: Limited to hours that
the building is maintained open by the Owner, unless specific --
arrangements are made with the Owner.
E. Utility Outages and Shutdown: Contractor shall give minimum 48
hours notice to Owner prior to any necessary interruption of
utility services.
1.05 OWNER OCCUPANCY
A. Owner will occupy the premises during the entire period of
construction and will conduct normal operations.
B. Schedule construction activities as required.to accommodate
Owner's occupancy and operation. Coordinate schedule and
necessary interruptions with Owner prior to commencement of
construction.
1.07 FIELD ENGINEERING
A. Provide field engineering services;'establish grades, lines,
and levels by use of recognized engineering survey practices. —
B. Control datum for survey is that shown on Drawings. Locate
and protect control and reference points.
C. Dimensions shown on drawings were taken from original building
construction drawings and are not guaranteed to accurately
reflect actual exisitng conditions. Contractor shall be —
responsible for field verification of all exisitng dimensions,
grades and elevations.
1.08 REFERENCE STANDARDS
A. For Products specified by association or trade standards,
comply with requirements of the standard, except when more rigid
requirements are specified or are required by applicable codes.
B. The date of the standard is that in effect the bid date,
except when a specific date is specified.
C. Obtain copies of standards when required by Contract
Documents. Maintain copy at field office.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
01005-2
SECTION 01031
,.. ALTERATION PROJECT PROCEDURES
F
k.
PART 1 GENERAL
1.01 REQUIREMENTS
A. Coordinate work of trades and schedule elements of alterations
and renovation work by procedures and methods to expedite
completion of the Work.
B. Remove items as necessary to provide access or to allow
alterations and new work to proceed. Include such items as:
1. Removal and remounting of existing seating to allow access to
area of construction.
2. Cleaning of surfaces, and removal of surface finishes as
needed to install new work and finishes.
C. Patch, repair and refinish existing items to remain, to the
specified condition for each material, with a workmanlike
transition to adjacent new items of construction.
1.02 RELATED REQUIREMENTS
A. Section 01005: Work Sequence.
B. Section 01005: Owner Occupancy.
C. Section 01300: Construction Schedules.
D. Section 01500: Use of Existing Utilities.
E. Section 01700: Cleaning During Construction.
1.03 SEQUENCE AND SCHEDULES
A. Schedule Work in the sequences and within times specified in
Section 01005.
€^ PART 2 PRODUCTS
A. Presence of a product, finish, or type of construction,
requires that patching, extending or matching shall be performed
as necessary to make Work complete and consistent to identical
standards of quality.
PART 3 EXECUTION
3.01 PERFORMANCE
rr 01031-1
I
A. Assign the work of moving, removal and replacement to trades
qualified to perform the work in a manner to cause least damage
to each type of work, and provide means of returning surfaces to
appearance of new work.
B. Perform removal work to remove minimum necessary, and in a
manner to avoid damage to existing seating and'adjacent finish
surfaces.
C. Clean surfaces by methods as specified in applicable
sections.
D. Protect existing finishes, equipment, and adjacent work which
is scheduled to remain, from damage.-
E. Remount existing seats in same location where removed. Anchor
seats securely in place. Where necessary, provide additional
anchorage as required and approved by architect/engineer.
3.02 DAMAGED SURFACES
A. Patch and paint any portion of an existing.finished surface
which is found to be damaged, lifted, discolored, or shows other
imperfections, with matching material.
B. Provide adequate support of substrate prior to patching the
finish.
C. Refinish patched portions of painted or coated surfaces in a —
manner to produce uniform color and texture over entire surface.
D. When existing surface finish cannot be matched, refinish
entire surface to nearest intersections.
3.05 CLEANING
A. Perform periodic and final cleaning as specified in Section
01700.
B. Clean Owner -occupied areas daily.
C. Clean spillage, overspray, and heavy collection of dust in
Owner -occupied areas immediately.
D. At completion of work of each trade, clean area and make
surfaces ready for work of successive trades.
E. At completion of alterations work in each area, provide final
cleaning and return space to a condition suitable for use by
Owner.
END OF SECTION
01031-2
SECTION 01100
ALTERNATES
A
r
PART 1 GENERAL
Flo 1.01 REQUIREMENTS INCLUDED
A. Identification and description of Alternate work.
1.02 RELATED REQUIREMENTS
A. Bid Documents: Quotation of cost of each Alternate.
B. Owner -Contractor Agreement: Alternates accepted by Owner for
l incorporation into the Work.
C. Sections of Specifications identified in each Alternate.
1.03 PROCEDURES
A. Alternates will be exercised at the option of Owner.
B. Coor inate related work and modify surrounding work as
r requireq to complete the Work, including changes under each
Alternate, when acceptance is designated in Owner -Contractor
Agreement.
r
1.04 ALTERNATE NO. 1:
.. A. Remove sections of concrete at construction joints of arena
floor and replace as indicated on drawings.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01100-1
f SECTION 01300
.. SUBMITTALS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Procedures.
B. Schedule of Values.
C. Product Data.
1.02 PROCEDURES
A. Deliver submittals to Architect/Engineer at following
address:
Jones Rowntree Architects
3824 50th Street, Suite D
Lubbock, Texas 79413-3808
B. Transmit each item with AIA Form G810.
C. Identify Project, Contractor, subcontractor, major supplier.
D. Identify deviations from Contract Documents and product or
system limitations which may be detrimental to successful
performance of the completed Work.
E. Apply Contractor's stamp, signed or initialled certifying that
review, verification of products required, field dimensions,
f adjacent construction work, and coordination of information is in
accordance with requirements of the Construction Documents.
F. Coordinate submission of related items. Submit all color and
finish materials submittals at the same time. Selection of any
and all color and finish materials will not be made until all
submittals have been provided to the Architect.
G. Provide space for Contractor and Architect/Engineer review
stamps.
H. Submit initial progress schedules and schedule of values in
duplicate within 10 days after award of Contract. After review
by Architect/Engineer revise and resubmit as required. Submit
revised schedules with each Application for Payment, reflecting
changes since previous submittal.
I. Comply with progress schedule for submittals related to Work
progress. Coordinate submittal of related items.
J. After Architect/Engineer review of submittal, revise and
resubmit as required, identifying changes made since previous
r. submittal.
01300-1
r
K. Distribute copies of reviewed submittals to concerned persons.
Instruct recipients to promptly report any inability to comply —
with provisions.
1.03 SCHEDULE OF VALUES
A. Submit typed schedule on AIA Form G703. Contractor's standard
form or media -driven printout will be considered on request.
B. Format: Table of Contents of this Project Manual. Identify
each line item with number and title of the major Specification
sections.
C. Include in each line item a directly proportional amount of
Contractor's overhead and profit.
D. Revise schedule to list change orders, for each application
for payment.
1.04 PRODUCT DATA
A. Mark each copy to identify applicable Products, models,
options, and other data; supplement manufacturers' standard data
to provide information unique to the Work. Include manufacturers'
installation instructions when required by the Specification
section. _
B. Submit the number of copies which Contractor requires, plus
two copies which will be retained by Architect/Engineer. —
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01300-2
r
SECTION 01400
r.. QUALITY CONTROL
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Quality assurance and control of products and workmanship.
B. References.
1.02 RELATED REQUIREMENTS
A. Section 01300 - Submittals: Submission of Manufacturer's
Instructions and Certificates.
B. Section 01600 - Material and Equipment: Product options.
1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION
r, A. Maintain quality control over supervision, subcontractors,
suppliers, manufacturers, products, services, workmanship, and
site conditions, to produce Work in accordance with Contract
Documents.
B. Comply fully with manufacturer's instructions, including each
step in sequence.
C. Comply with specified industry standards as a minimum quality
for the Work except when more restrictive tolerances or specified
requirements indicate more rigid standards or more precise
workmanship.
D. Provide suitably qualified personnel to produce work of
specified quality.
E. Secure products in place with positive anchorage! devices
designed and sized to withstand stresses, vibration, and
racking.
F. Provide finishes to match approved samples.
1.04 REFERENCES
A. Conform to reference standard by date of issue current on date
for receiving bids.
B. Should specified reference standards conflict with Contract
Documents, request clarification.
C. The contractual relationship of the parties to the Contract
shall not be altered from the Contract Documents by mention or
inference otherwise in any reference document.
7 PART 2 PRODUCTS
01400-1
r
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01400-2
SECTION 01500
r" CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Electricity, Lighting.
B. Heat, Ventilation.
C. Telephone Service.
D. Sanitary Facilities.
E. Enclosures.
F. Barriers.
G. Cleaning During Construction.
1.02 RELATED REQUIREMENTS
A. Section 01005 - Administrative Provisions: Summary of the
work.
B. Section 01700 - Contract Closeout: Final Cleaning.
1.03 ELECTRICITY, LIGHTING
A. For existing construction, connect to existing power service.
Power consumption shall not disrupt continuous service for
Owner's use.
t" B. Permanent convenience receptacles may be utilized during
construction.
r. C. Permanent building lighting may be utilized during
4
construction.
r-
1.04 HEAT, VENTILATION
A. Provide ventilation of enclosed areas to cure materials, to
disperse humidity, and to prevent accumulations of dust, fumes,
vapors or gases.
t 1.05 TELEPHONE SERVICE
A. Provide, maintain and pay for telephone service to field
personnel.
!" 1.06 SANITARY FACILITIES
A. Existing facilities may be used during construction
r operations; maintain in sanitary condition.
i
I
01500-1
1.07 ENCLOSURES
A. Where possible, provide temporary partitions and ceilings to
separate work areas from Owner occupied areas, to prevent
penetration of dust and moisture into Owner occupied areas, and _
to prevent damage to existing areas and equipment. Construction:
sheet materials with closed joints and sealed edges at
intersections with existing surfaces.
1.08 BARRIERS
A. Provide as required to prevent public entry to construction
areas, to provide for Owner's use of site, and to protect
existing facilities and adjacent properties from damage from
construction operations.
1.09 CLEANING DURING CONSTRUCTION
A. Control accumulation of waste materials and rubbish. Dispose of waste materials and rubbish off -site daily.
B. Clean interior areas prior to start of finish work, maintain _
areas free of dust and other contaminants during finishing
operations.
1.10 REMOVAL
A. Remove temporary materials, equipment, services and
construction prior to Substantial Completion inspection. —
B. Clean and repair damage caused by installation or use of
temporary facilities. Restore existing facilities used during —
construction to specified, or to original condition.
PART 2 ' PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
01500-2
SECTION 01600
MATERIAL AND EQUIPMENT
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Products.
B. Workmanship.
C. Manufacturers' Instructions.
D. Transportation and Handling.
E. Storage and Protection.
F. Substitutions and Product Options.
1.02 RELATED REQUIREMENTS
A. Section 01005 - Administrative Provisions: Summary of the
Work, Reference Standards.
B. Section 01700 - Contract Closeout.
1.03 PRODUCTS
I A. Products include material, equipment, and systems.
u
B. Comply with Specifications and referenced standards as minimum
r requirements.
C. Components required to be supplied in quantity within a
Specification section shall be the same, and shall be
interchangeable.
1.04 WORKMANSHIP
A. Comply with industry standards except when more restrictive
tolerances or specified requirements indicate more rigid
standards or more precise workmanship.
1.05 MANUFACTURERS' INSTRUCTIONS
A. When work is specified to comply with manufacturers'
instructions submit copies as specified in Section 01300,
distribute copies to persons involved, and maintain one set in
field office.
B. Perform work in accordance with details or instructions and
specified requirements. Should a conflict exist between
specifications and instructions, consult with
Architect/Engineer.
1.06 TRANSPORTATION AND HANDLING
r-
01600-1
I
A. Transport products by methods to avoid damage; deliver in
undamaged condition in manufacturer's unopened containers or
packaging, dry.
B. Provide equipment and personnel to handle products by methods
to prevent soiling or damage.
C. Promptly inspect shipments to assure that products comply with
requirements, quantities are correct, and products are
undamaged.
1.07 STORAGE AND PROTECTION
A. Store products in accordance with manufacturers' instructions,
with seals and labels intact and legible. Store sensitive
products in weather -tight enclosures; maintain within temperature
and humidity ranges required by manufacturer's instructions.
B.'For exterior storage of fabricated products, place on sloped
supports above ground. Cover products subject to deterioration
with imprevious sheet covering; provide ventilation to avoid
condensation.
C. Arrange storage to provide access for inspection.
Periodically inspect to assure products are undamaged, and are
maintained under required conditions.
D. After installation, provide coverings to protectproducts from
damage from traffic and construction operations, remove when no
longer needed
1.08 PRODUCT OPTIONS
A. Within 21 days after date of contract, submit complete list of
major products proposed, with name of manufacturer, trade name,
and model.
B. Options:
1. Products specified only by reference standard: any product
meeting that standard.
2. Products specified by naming several manufacturers: products
of any named manufacturer meeting specifications.
3. Products specified by naming one or more manufacturers and "or
equal": Submit a request for substitution for any
manufacturer not specifically named, prior to bid date.
4. Products specified by naming only one manufacturer: No
Option.
1.09 SUBSTITUTIONS
A. Only within 21 days after date of contract will
Architect/Engineer consider requests from contractor for
substitutions. Subsequently, substitutions will be considered
only when a product becomes unavailable due to no fault of
contractor.
01600-2
B. Document each request with complete data substantiating
�. compliance of proposed substitution with contract documents.
C. Request constitutes a representation that contractor:
1. Has investigated proposed Product and determined that it meets
or exceeds, in all respects, specified product.
2. Will provide the same warranty for substitution as for
specified Product.
3. Will coordinate installation and make other changes which may
be required for Work to be complete in all respects.
�. 4. Waives claims for additional costs which may subsequently
C become apparent.
D. Substitutions will not be considered when they are indicated
or implied on shop drawing or product data submittals without
separate written request, or when acceptance will require
substantial revision of contract documents.
E. Architect/Engineer will determine acceptability of proposed
substitution, and will notify contractor of acceptance or
rejection in writing within a reasonable time.
PART 2 PRODUCTS - Not Used
PART 3 EXECUTION - Not Used
END OF SECTION
r•
01600-3
SECTION 01700
CONTRACT CLOSEOUT
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Closeout Procedures.
B. Final Cleaning.
C. Adjustment.
D. Warranties and Bonds.
1.02 RELATED REQUIREMENTS
A. Conditions of the Contract: Fiscal provisions, legal
submittals, and other administrative requirements.
B. Section 01500 - Construction Facilities and Temporary
Controls: Cleaning during construction.
1.03 CLOSEOUT PROCEDURES
A. Comply with procedures stated in General Conditions of the
Contract for issuance of Certificate of Substantial Completion.
B. When Contractor considers Work has reached final completion,
submit written certification that Contract Documents have been
reviewed, Work has been inspected, and that Work is complete in
accordance with Contract Documents and ready for final
inspection.
C. In addition to submittals required by the conditions of the
Contract, provide submittals required by governing authorities,
and submit a final statement of accounting giving total adjusted
Contract sum, previous payments, and sum remaining due..
F. Owner will occupy designated portion of Project for the
purpose of installation of equipment, under provision stated in
Certificate of Substantial Completion.
1.04 FINAL CLEANING
A. Execute prior to final inspection.
B. Clean interior surfaces exposed to view; clean equipment and
fixtures to a sanitary condition.
C. Remove waste and surplus materials, rubbish, and construction
facilities from the Project and from the site.
1.07 WARRANTIES AND BONDS
rr 01700-1
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A. Provide duplicate, notarized copies. Execute Contractor's
submittals and assemble documents from by subcontractors,
suppliers, and manufacturers. Provide table of contents and
assemble in binder with durable plastic cover.
B. Submit material prior to final application for payment. For
equipment put into use with Owner's permission during
construction, submit within 10 days after first operation. For
items of Work delayed materially beyond Date of Substantial
Completion, provide updated submittal within ten days after
acceptance, listing date of acceptance as start of warranty
period.
PART 2 PRODUCTS - Not Used
PART 3 EXECUTION - Not Used
END OF SECTION
01700-2
7 SECTION 02072
7 MINOR DEMOLITION FOR REMODELING
PART 1 GENERAL
1.01 WORK INCLUDED
A. Remove designated areas of arena concrete floor under
requirements of Alternate No. 1.
B. Remove additional grade as required for new concrete under
requirements of Alternate No. 1.
1.02 EXISTING CONDITIONS
A. Conduct demolition to minimize interference with adjacent
building areas. Maintain protected egress and access at all
times.
` B. Provide, erect, and maintain temporary barriers and security
devices.
PART 2 PRODUCTS - Not Used
PART 3 EXECUTION
3.01 PREPARATION
A. Protect existing items and finishes which are not indicated to
be altered, cut or removed.
3.02 EXECUTION
A. Sawcut entire depth of exisitng slab in straight lines from
end to end of run. Do not jackhammer. Protect existing
structural members and adjacent slab finishes.
B. Excavate soil under removed concrete to depth indicated on
drawings. Leave bearing surface of excavation level and flat
with no loose soil, rocks or concrete chips.
B. Except where noted otherwise, immediately remove demolished
materials from site.
C. Remove demolished materials from site as work progresses.
Upon completion of work, leave areas of work in clean. condition.
D. Replace or repair damaged components and finishes not
scheduled or indicated for demolition to condition matching
exisitng construction.
END OF SECTION
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SECTION 03001
CONCRETE WORK
PART 1 GENERAL
1.01 WORK INCLUDED
A. Concrete reinforcing and cast -in -place concrete where required
under Alternate No. 1.
1.02 RELATED WORK
A. Section 01100 - Alternates.
B. Section 02072 - Minor Demolition for Remodeling.
1.03 QUALITY ASSURANCE
A. Perform cast -in -place concrete work in accordance with ACI
r 301, unless specified otherwise in this Project Manual.
03001-2
1.04 REFERENCE STANDARDS
A. ACI 301 - Specifications for Structural Concrete for
Buildings.
PART 2 PRODUCTS
2.01 CEMENT (ACI 301 2.1)
A. Use one brand and type of cement throughout project unless
otherwise specified.
FOR
2.02 STRENGTH (ACI 301 3.2)
A. Provide concrete of following strength: Compressive strength
(28 day): 3000 psi.
2.03 REINFORCING STEEL (ACI 301 5.2)
A. Reinforcing Steel: 40 yield grade; deformed billet steel
bars, ASTM A615, plain finish.
2.04 EXPANSION JOINTS (ACI 301 6.2)
A. 1" asphalt impregnated mineral fiber strips.
2.05 ACCESSORIES
A. Bonding Agent: Intralok bonding agent as manufactured by W.R.
Meadows.
r' B. Non -shrink Grout: Premixed compound consisting of non-
metallic aggregate, cement, water reducing and plasticizing
agents; capable of developing minimum compressive strength of
r 7000 psi in 28 days.
03001-1
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C. Curing compound: Chlorinated liquid rubber all resin base
type; clear; manufactured by W.R. Meadows; ASTM C3O9 type 1,
class B, clear, translucent, AR-30.
D. Sealer: Master Seal, manufactured by Master Builders.
PART 3 EXECUTION
3.01 GENERAL
A. DO NOT ALLOW CONCRETE TRUCKS ONTO ARENA FLOOR. Concrete shall
be brought into building by use of gasoline powered transporter
dollys.
B. Install concrete work in accordance with ACI 301 except as
amended by this Section.
3.02 SLABS (ACI 301 11.1)
A. Pour floor slabs in pattern indicated on drawings.
B. Separate slabs -on -grade from vertical perimeter wall with l
inch thick expansion joint material. Extend joint from bottom of
slab to within 1/8 inch of finished slab surface.
3.03 CONNECTIONS TO EXISTING WORK
A. In locations where new concrete is dowelled to existing work,
drill holes in existing concrete, insert steel dowels and pack
solidly with non -shrink grout.
B. Prepare previously placed concrete by cleaning with steel
brush and applying bonding agent. Apply bonding agent in
accordance with manufacturer's recommendations.
3.04 REPAIR OF SURFACE DEFECTS (ACI 301 9.0)
A. Modify or replace concrete not conforming to required lines,
detail and elevations.
B. Repair or replace concete not properly placed resulting in
excessive honeycombing and other defects. Do not patch, repair
or replace exposed architectural concrete except upon express
direction of Architect/Engineer.
3.05 FINISHING FORMED SURFACE (ACI 301.10.4)
A. Provide smooth trowel finish at exposed concrete surfaces.
3.06 CURING COMPOUND AND SEALER
A. Apply curing compound and sealer in accordance with
manufacturer's recommendations.
END OF SECTION
03001-2
SECTION 03700
CONCRETE RESTORATION
r
PART 1 GENERAL
1.01 WORK INCLUDED
A. Cleaning concrete surfaces.
B. Preparation of concrete for application of surface treatment.
r. C. Application of epoxy adhesive and fillers.
1.02 REFERENCES
A. ASTM C-881 Types I & II, Grade 3, Class B & C
B. AASHTO M-235 Types I, II & III, Grade 3, Class B & C
1.03 SUBMITTALS
A. Submit product data under provisions of Section 01300.
B. Identify product standards, physical and chemical -
characteristics, specifications, installation instructions,
maintenance instructions and general recommendations regarding
each material.
C. Submit manufacturer's instructions under provisions of Section
01300 for mixing, handling and placement.
r" 1.04 DELIVERY, STORAGE AND HANDLING
a
A. Deliver products to site under provisions of Section 01600.
B. Comply with instructions for storage, shelf life and
handling.
PART 2 PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. W. R. Meadows, Inc., Sealtight Products
B. Substitutions: Under provisions of Section 01600.
2.02 MATERIALS
A. Epoxy Resin: W.R. Meadows Sealtight Rezi-Weld Gel Paste
Construction Epoxy; unitized cartridge system.
B. Epoxy Resin: Two -component, 100% solids, high viscosity epoxy
compound, meeting the following minimum characteristics:
03510-1
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1. Bond Strength (14 days): 3,400 psi (34.4 MPa) in accordance
with ASTM C-882.
2. Tensile Strength: 2,218 psi (15.3 MPa) in accordance with ASTM
D-638.
3. Elongation: 2-3% in accordance with ASTM D-638.
4. Flexural Strength: 15,500 psi ((106.8 MPa) in accordance with
ASTM D-790.
5. Compressive Strength: 8,500 psi (58.6 MPa) in accordance with
ASTM D-695.
6. Hardness, Shore D: 80, in accordance with ASTM D-2240.
7. Absorption: 0.000% in accordance with ASTM D-570.
C. Cleaning Agent: Commercial muratic acid.
PART 3 EXECUTION
3.01 PREPARATION
A. Remove all seating adjacent to areas to be treated, in
accordance with Section 01031. Protect seating from physical
damage and contact with cleaning chemical and epoxy materials.
B. Sawcut joint between vertical steel riser plate and concrete
floor surface to minimum width as possible x 1/4" deep.
C. At areas where concrete surface is above edge of vertical
steel riser plate, grind concrete to achieve surface level with
plate.
D. Vacuum dust from work surfaces and adjacent areas.
E. Clean concrete and steel surfaces of dirt, laitance, corrosion
or other contamination; wire brush using water or acid as
appropriate; rinse surface and allow to dry.
F. Flush out joint and voids with water or acid as appropriate to
remove accumulated dust, dirt and laitance.
G. At areas of broken, spalled and soft concrete, remove to solid
substrate, clean and rinse before patching.
3.02 MIXING
A. Mix epoxy components in strict accordance with manufacturer's
instructions.
3.03 APPLICATION
A. Apply epoxy material directly from cartidge mixing gun into
sawcut joint. Strike off material flush with adjacent concrete
surface and edge of steel riser plate.
B. At spalled or broken surfaces of concrete, apply epoxy
material and smooth off using a trowel. Thickness of patch or
topping shall be no greater than 1/4" per lift.
03510-2
3.04 CLEAN-UP
r-
r A. Immediately remove excess epoxy material from adjacent
surfaces using Toluene or Methyl Ethyl Ketone (MEK).
END OF SECTION
03510-3
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