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HomeMy WebLinkAboutResolution - 2002-R0278 - Contract For Lubbock Tennis Center - Minnix Commercial Of Lubbock - 07_11_2002Resolution No. 2002—RO278 July 11, 2002 Item No. 33 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 for the Lubbock Tennis Center ADA renovations, by and between the City of Lubbock and Minnix Commercial of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 11th ATTEST: Reb cca Garza, City Se�.;retary APPROVED AS TO CONTENT: Victor Kilman,'Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/ccdocs&/cityatt/Contract-Minnix Commercial. res July 01, 2002 day of July , MARC , MAYOR CITY OF LUBBOCK SPECIFICATIONS FOR LUBBOCK TENNIS CENTER ADA RENOVATIONS ITB #105-02/RS "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas CITY OF LUBBOCK INVITATION TO BID FOR TITLE: LUBBOCK TENNIS CENTER ADA RENOVATIONS ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 105-02/RS PROJECT NUMBER: 9725.9211 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX NOTICE TO BIDDERS. GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS NOTICE TO BIDDERS NOTICE TO BIDDERS ITB #105-021RS Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 6th day of June, 2002, 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: "LUBBOCK TENNIS CENTER ADA RENOVATIONS" 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. It is the sole responsibility of the bidder to ensure that his bid is actually in - the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. -� Bids are due at 2:00 o'clock p.m. on the 6th day of June, 2002, and the City of Lubbock City Council will consider the bids on the 27th day of June, 2002, 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 in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. 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 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local l conditions under which the work is to be done. It shall be understood and agreed that all such factors have been JI thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatary pre -bid conference on 29th day of May, 2002 at 10:00 o'clock a.m., in the Planning Conference Room 107, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 1 P Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00 refundable deposit per set. Plans and specifications ma be obtained from Jones Rowntree Architects, 3824 50th Street, Suite D, Lubbock, Texas 79413-3808, Phone: (8W792-0096. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. 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. 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. 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 City of Lubbock Human Relations Office at (806) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILMAN PURCHASING MANAGER GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish LUBBOCK TENNIS CENTER ADA RENOVATIONS per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 6th day of June, 2002 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left- hand corner: "ITB #105-02/RS, LUBBOCK TENNIS CENTER ADA RENOVATIONS" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 10:00 a.m., May 29th, 2002 in Planning Conference Room 107,Lubbock, Texas. All jpersons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder'sresponsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do , OF not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of `l Lubbock Purchasing Department no later than five (5) days before the bid closing date. J 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information -� supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen ortreard in any communication facility regarding this bid should be disregarded in preparing responses: 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. I 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting.the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS. CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION_ ACT 6.1 If, you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL)PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. ' 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 9 CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 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 1 contemplated by said contract documents. J 10 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 J charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 11.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: RON SHUFFIELD, SENIOR BUYER City of Lubbock 1625 13th Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: RShuffield@mail.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within TWO HUNDRED SEVENTY (270) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 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 ensure completion of the project within the time specified. 4J 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. `.l 14 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute J an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 15 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. 16 GUARANTEES - 16.1 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). - 16.2 ' Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault-free.result.in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in anyway, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 16.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 17 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 18 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. - 19 TEXAS STATE SALES TAX 19.1 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. 19.2 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. Y� 20 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 1 the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 21 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 Ill 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 dateof issuance to Contractor of City's certificate of acceptance of the project. 22 EXPLOSIVES 22.1 The use of explosives will riot be permitted unless written permission to do so is obtained by the J Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. . 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such l notice shall be given sufficiently in advance to enable the companies to take such steps as they may J 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. -� 23 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 Vtelephone number where such local representative may be reached during the time that the work contemplated by J this contract is in progress. 24 INSURANCE !n�J 24.1 The Contractor shall not commence work under this contract until lie has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City J and written notice of cancellation or any material change will be provided ten (10) days in advance of _l cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. 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 JF 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 before contract execution. 24.2 The insurance certificates furnished shall name the City as an additional insured, 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. It shall be the contractor's responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 25 LABOR AND WORKING HOURS j111 25.1 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 that must be paid on this project shall not be less -, than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: Pn j 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 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. 25.2 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. 25.3 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. 26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS i 27 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. PROVISIONS CONCERNING ESCALATION 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 wiN be rejected and returned to the bidder without being considered. 0 28 PREPARATION FOR BID 28.1 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. 28.2 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. 28.3 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: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 29 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. 0) Insurance Certificates. Q) 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. 30 QUALIFICATIONS OF BIDDERS 4i The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy �1 the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock -I reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the u work described therein. Evaluation of the bidder's qualifications shall include: F�J 7 (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 31 BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the Total Bid Amount. 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 8 No Text BID SUBMITTAL -� LUMP SUM BID CONTRACT DATE: June 06, 2002 .'ROJECT NUMBER: #105-021RS - LUBBOCK TENNIS CENTER ADA RENOVATIONS id of Minnix Commercial (hereinafter called Bidder) o the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) "entlemen: u- -he Bidder, in compliance with your Invitation to Bid for the construction of a LUBBOCK TENNIS CENTER ADA 7 RENOVATIONS having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other ~elated 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, RWithin the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the vork required under the contract documents. -N1ATERIALS: � r`► {i x /��uJ„ �I Pvvlx T'.,...a1„� J ,�'t 1k �' r%--- {$ (, d'/c� �� ) SERVICES: /V/Z.: /,1 71 re :�" �� d In r � -,� � � (S 1 0 _"t ( t� OTAL BID:6,C �"` 4-t, c L J c J ri T.ud r amount shall be shown in both words and numerals. 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 270 (TWO HUNDRED SEVENTY) consecutive -aiendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to "ay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day excess of the time set forth herein above for completion of this project, all as more fully set forth in the general cnditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with :-struction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the - _idding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the ans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to -- oommence work on or before the date specified in the written notice to proceed, and to substantially complete the work on has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all l-necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Five Percent Dollars (S 5% 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 falls to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. � Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. Seal if Bidder is a Corporation) I 'TT EST,: fi �ecretary Sidder acknowledges receipt of the following addenda: Addenda No. 01 Date 5-21-02 -.ddenda No. 0_ Date 5-30-02 ddenda No. Date I..dderda No. Date Date: June 06, 2002 � 2 Authoriz 6 Sign re Tim Hinnix - - (Printed or Typed Name) 1l�Iinniic Homes Inc. dba Hinnix Commercia Company. 14302 S. Slide RD Address Lubbock Lubbock City, County Texas .79424 State Zip Code Telephone: 806 - 798-7335 Fax:806 - 798-9761 M.'WBE =irm: Woman Black American ( Native American Hispanic American I I Asian Pacific American I I Other (Specify) LIST OF SUBCONTRACTORS Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal 11, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If 1 am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, umish a valid insurance certificate. -to the City meeting all of the requirements defined in this bid/proposal. Contractor ( ignature) Tim Minnix Contractor (Print) CONTRACTOR'S FIRM NAME: Minnix Homes. Inc. dba Minnix Commercial (Print or Type ) 'CONTRACTOR'S FIRM ADDRESS: 14302 S. Slide Rd Lubbock, Texas 79424 =Name of Agent/Broker: Address of Agent/Broker: Grimes Insurance 1651 Broadva qK City.'State/Zip: Lubbock, Texas 79401 - I11%gent/Broker Telephone Number: (806 ) 762-0544 Date: 06/06/02 NOTE TO CONTRACTOR If the time requirement specified above 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) 775-2165. BID �105-02/RS -LUBBOCK TENNIS CENTER ADA RENOVATIONS 4 THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 S Bid Bored Minnix Commercial KNOW ALL MEN BY THESE PRESENTS, thatwe 14302 S. Slide Road Lubbock., TX 79424 as Principal, hereinafter called the Principal, and Merchants Bondiug Company (Mutual) 2100 Fleur Drive — Des Moines, IA 50321 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety; are held and firmly bound unto City of Lubbock 1625 13`1'' Street Lubbock, TX as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST A-MOlUr T BID Dollars t5 S % G.A.B. ) 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 Lubbock Tennis Center ADA Renovation Sidewalk Replacement NOW, THEREFORE. If the Obligee shall accept the bid of the Principal and the Principal shall enter intc a Contract with the Obligee in accordance with the terms of such No. and give such bond or bonds as may be specified in the bidding or L 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 Prindpaf shall pay to the Oblipas the difference not tc exceed the penalty G i 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 Worts covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 6th clay of June 2002. a J1,;, V- " -7 fwWw") — Minnix Commercial r (PrMcipw) (Soul) AIA DOCUMENT A310 . BID 80ND . AIA O . FEBRUARY 1070 ED . THE AMERICANNSTITUTE OF ARCHITECT$, 1735 N.Y. AVE.. N W., WASRNGTON. D.C. 20006 1 O LCL 1.1 Lai 1LJ C_>UL LLL1L ►8- L.UL ► LPGL1 Ly (MUTUAL) POWER OF ATTORNEY Know All Persona Sy These Presents. that ins MERCHANTS 8CNOING COMPANY (MUTUAL), a Corporation duly organized under the laws cf the State of Iowa. and having its principal ORita In the City of Des MOtnas, County of Polk, Slate of Iowa. math made. constituted and appointed, and does by these presents matte, contsetute and appoint Larry Truman Smith of Lubbock and State of Texas ils true ano lawful Attorney.m-Facl, with full power and authority hereby conferted in tta name, place and stead. to sign, esevare, acknowledge end deliver in na demiso as surety any end all bonds, undertekinp. recdgnizences or other written obligations in the nature therect. sublebt to lrC nntitavori that any such iristrum6nt shan not exceed the amount of: THREE KILLION ($3,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully ano to the same extent as it such bond or uncenakmg was signed iry the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), ano ail such acts of Sato Attorney -in -Fact, pursuant to use authonty herein given, are hereby ratified ano confirmed - This Powercf-Attorney is made and executed pursuant to and by authority Of the railowing Amenceo Substiruleo era Restated By-laws adopted by the Board of Directors of the MERCHANTS BANDING COMPANY (MUTUAL) on October 9, 1992. ARTTCLE II, SECTION 8. — The Chairman of rho Board or President or any Vice President or Secretary shalt have power and author - try to appoint Atiomeys-in-Fact, and to oumonze mein to execute on behalf of tine Cemoany, and attach me Scai of ime Company thereto, Wrtd! and undertakings, recogntzances. oontraCts of indemnity and other writings obtigatcry in the nature thereof, ARTICLE It. SECTION 9. — The signature of arty euthonzed officer and the Seal of the Company may be affixed by lacsimile to any Power of Attorney or Certrficadon thereof outhartz;rtg the execucon and cieltvery of tarry bond. undertaking, recognizance. or other suRty'Sttio obligations of me Company, and sucm Slgnawre and seal WmBn so used small "ave the game lorce and erred as thougri manually axed. in Witness Wnan,ol. MERCHANTS BONDING COMPANY (MUTUAL) nag mused image presents to be signed by its President and its COMOMla seat to be narsto affixed. MIS Znd day or June . Z000 •••O>,�G COr.••• A . •moo o POq�•.�y: .02. -d- • y•, 1933 c: STATE OF IOWA COUNTY OF POLK as MERCHANTS SONCING CO'1PANY (MUTUAL P.••ow t ' On this 2nd day of June 2000 , before me appeared tarry Taylor, to me u� personalty known, who being by me duly sworn did say that he It President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation dex*Ibtao in the foregoing rnstrumenL and Lhat tine Seal attixad to tha said iristrjrrent is the Colvorate Seal of the said Corporation and that me said Instrument was signed and sealed In bersatt of said Corporation t:y authority of its Board of Directors. In Testimony Whsrecf, I Rave hereunto set my hand and affixed my, O'Tidal Seat at re City of Des Moines. Iowa, ins day and year first above written. O�,4 e A casI Nopry Puwt Pork Counts loss STATE OF IOWA COUNTY OF POLK sa I. William Warner. Jr-. Secretary of Via MERCHANT'' BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing tS a true and correct copy of tine Pi7WER-CF-ATTORNE'! omcuted by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in sores and attest In Witness Whereof. I have reunto set rrry hand and atftmd the Seat of the Company on _i this o/ day of � G C ' • Msc 0614 tzAel ' it 1937 .c PAYMENT BOND THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Qwner or other party shall be considered plural where applicable CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): f Minnix Commercial Merchants Bonding Company (Mutual) 14302 S. Slide Road 2100 Fleur Drive r .I Lubbock, TX 79424 Des Moines, IA 50321 ' OWNER (Name and Address): City of Lubbock 1625 13"' Street Lubbock, TX 79401 CONSTRUCTION CONTRACT T` f Date: 11t" July 2002 Amount: $147,352.00 Lubbock Tennis Center ADA Renovations Description (Name and Location): Lubbock, TX BOND TX 592803 Date (Not earlier than Construction Contract Date): 11t'' July 2002 r, . - Amount: $147,352.00 ��` Modifications to this Bond: [ ] None CONTRACTOR AS PRINCIPAL SURETY Company: See Page 6 Company: (Corporate Seal) (Corporate Seal) Minnix Commercial Merchants Bonding Company (Mutual) Signature: Z2W `P Signature: 0, Name and Title: Name and Title: Don E. Smith, Attorney -in -Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Smith Construction Bonding Inc. Ron Shuffield, Senior Buyer 3116 Kellway — Suite 110 City of Lubbock — Office of Purchasing Carrollton, TX 75006 (972) 732-8175 Tele: 806/775-2170 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312-1984 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims,demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. ,6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at, the Surety's expense take the following actions: AIA Document A312- Performance 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days undisputed and the basis for challenging any amounts that are disputed after receipt of the claim, stating the amounts that are. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (III), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly -I furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectual and engineering services required for performance of the work of the Contractor and the I Contractor's subcontractors, and all other items for which a MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Tiffp* Address: SURETY ( Corporate Seal) Company: Signature: _ Name and Title: Address: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 A312-1984 6 (Corporate Seal) Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond No. TX 592803 Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Don B. Smith of Carrollton and State of Texas its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION FIVE HUNDRED THOUSAND (2,500,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992, ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Sea] of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Sea] of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 2nd day of January , 2002 . • oNG Cps• • ACoD �O,'OFtPOq .'y•'. a'• 1933 c; STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) By President On this 2nd day of January , 2002 . before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. t RUTH K. MCCLAIN Commission Number 201299 oW. My Commission Expires February 19, 2004 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect, In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 11th day of July 2002..•••`••• Secretary � ; a -o- a: y 1933 n4Sc 0814 tiro2) C '9 NDl4, i Merchants Bonding Compariy Please send all notices of Clain] 011 this bojid to: Merchants Bonding Company (A4utual) 6850 Austin Center Blvd., Suite 200 P. O. Box 26720 Austin, TX 78755-0720 (512) 343-9033 �9ND/4, 4 .N.WJ o J � e Merchants Bonding Company Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) 6850 Austin Center Blvd., Suite 200 P O. Box 26720 Austin, TX 78755-0720 (512) 343-9033 Merchants Bonding Company Please send all. notices of clai.ni on this bond to: Merchants Bonding Company (Mutual) 6850 Austin Center Blvd., Suite 200 i P. O. Box 26720 Austin, TX 78755-0720 2 (512) 343-9033 ,1 .. Smith Construction Bonding 3116 Kellway Drive — Suite 110 v s' Carrollton TX 75006 (972) 732-8175 Fax (972) 732-8170 July 19, 2002 L] Ron Shuffield, Senior Buyer Office of Purchasing City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Dear Mr. Shuffield, RE: Bond No: TX 592803 Enclosed, for your file, is an "Endorsement" changing the original bond number assigned to Minnix Commercial/City of Lubbock Performance and Payment Bonds for the Lubbock Tennis Center ADA Renovations from TX 592803 to TX 592806. Should you have any questions regarding this enclosure, please do not hesitate to give us a call. J Sincerely, Sydney Cone Enclosure As Stated 1 Merchants Bonding Company 21oo rLr-UR DRIVE , DES MOINES, IOWA SC-321-1158 ENDORSEMENT It is hereby understood and agreed that Bond No,: TX 592803 Principal, Minnix Commercial , Obligee City of Lubbock in the MERCHAN Ts BONDING COMPANY (Mutual), is amended from, TX 592803 TO: TX 592806 m terms and conditions of said bond, except as 0Gove changed, to remain the same. Signed, sealed and dated this 19 th day of July -, 2002 IMERCHANIS BONDING COMPANY (Mutual) By Don E. Smith, Attorney —in —Fact Lisc 0815 19/00) Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond No. TX 592806 Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Don E. Smith of Carrollton and State of Texas its true and lawful Attorney -in -Fact, with full power _ and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION FIVE HUNDRED THOUSAND (2,500,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. LP ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature 1 thereof. ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile -' to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and. its corporate seal to be hereto affixed, this 2nd day of January , 2002 . . • kG Cp*• • A- ;�o.oRp179 •.9' ►.- -o- a' 1933 : C. ;�d� • 1ao. STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) By President On this 2nd day of January , 2002 . before me appeared Lary Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. a� RUTH 'Number A CommissionnNumber 201299y4 oW. My Commission Expires February 19, 2004 Notary Public, Polk County, to STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 19 th day of July 2002 . • 14r, C . �G^ '�✓ t1..• A 4P�Oq�9y�. Secretary -o- o; z-• : 3: .y 1933 : c. -� MSC 0814 (1102) •Jd .... aC1/ . L.. , PERFORMANCE BOND THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Minnix Commercial 14302 S. Slide Road Lubbock,TX 79424 OWNER (Name and Address): City of Lubbock 1625131' Street Lubbock, TX 799401 CONSTRUCTION CONTRACT Date: 11`h July 2002 Amount: $147,352.00 Description (Name and Location): SURETY (Name and Principal Place of Business): Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, IA 50321 Lubbock Tennis Center ADA Renovations Lubbock, TX BOND TX 592803 Date (Not earlier than Construction Contract Date): III July 2002 Amount: $147,352.00 Modifications to this Bond: ❑ None See page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Minnix Commercial Merchants Bonding Company (Mutual) Signature Name and Title: (Any additional signatures appear on page 3) (FOR INFORMATION ONLY -Name, Address and Telephone) Signature: &G. Name and Title: Don E. Smith, At-to;ney--in-Fact AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Smith Construction Bonding Inc. other party): Ron Shuffield, Senior Buyer 3116 Kellway Drive — Suite 110 City of Lubbock — Office of Purchasing Carrollton, TX 75006 (972) 732 8175 Tele: 806/775-2170 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED- - AIA a THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORKAVE.. N.W.. WASHINGTON, D.C. 20OD6 A312-1984 1 THIRD PRINTING- MARCH 1987 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the Contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: J 1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECCEMBER 19M ED. AIA THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W. WASHINGTON. D.C20W 1. 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jursidiction of the suit shall be applicable. A312-1983 —j 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other 1 legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after } all proper adjustments have been made, including allowance to the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: VI NONE (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) Company: Signature: _ Name and Title: Adr1racc AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA A THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W.. WASHINGTON. D.C. 200% Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. SURETY Company: Signature: Name and Title Address: (Corporate Seal) A312-1984 3 Smith Construction Bonding 4 3116 Kellway Drive — Suite 110 `' '' Carrollton, TX 75006 (972) 732-8175 Fax (972) 732-8170 July 19, 2002 rV� Ron Shuffield, Senior Buyer Office of Purchasing City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Dear Mr. Shuffield RE: Bond No: TX 592803 Enclosed, for your file, is an "Endorsement" changing the original bond number assigned to Minnix Commercial/City of Lubbock Performance and Payment Bonds for the Lubbock Tennis Center ADA Renovations from TX 592803 to TX 592806. Should you have any questions regarding this enclosure, please do not hesitate to give us a call. Sincerely, 1 Sydney Cone Enclosure As Stated j J Merchants Bonding Company 2100 rILUR DRIVE - DES MCAN[S. KWA 5C321.1158 ENDORSEMENT it is hereby understood and agreed that Bond No.: TX 592803 Principal: Minnix Commercial Obligee City of Lubbock in the MERCHANTS BONDING COMPANY (Mutual), is amended from: TX 592803 TO: TX 592806 Ail terms and conditions of said bond, except as Pbove changed, to remain the same. Signed, sealed and dated this 1 9 th day of Jul , 2002 MERCHAMS BONDING C0I11PANY (Mutual) By Don E. Smith, Attornay-in-Fact hisC 0815 (9/00) Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond No. TX 592806 Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Don E. Smith of Carrollton and State of Texas its true and lawful Attomey-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION FIVE HUNDRED THOUSAND (2,500,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature } thereof. II ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and t its corporate seal to be hereto affixed, this 2nd day of January , 2002 . C pMA • .z; .3. 1933 ' . Jd3 ••1a�. STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) By/-,r-z7 7-7� President On this 2nd day of January , 2002 . before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. 04 + RUTH K. MCCLAIN �` G ' ' • C/�/�, ' +� Commission Number 201299 My Commission Expires February 19, 2004 Notary Public, Polk County, Iowa i STATE OF IOWA - I COUNTY OF POLK ss. J 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seat of the Company on this 19th day or July 2002..-­,­-. I • 4�pV0��09q�9y� Secretary - •z: :y; 1933 c; CERTIFICATE OF INSURANCE Lo- I ACORD CERTIFICATE OF LIABILITY INSURANCE TM DATE(MM/DD/YY) 07/19/2002 PRODUCER (806)762-0544 FAX (806)741-1527 Grimes Insurance Agency, Inc. 1651 Broadway Lubbock, TX 79401 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Minnix Homes, Inc. TJM Contractors P.O. Box 64895 Lubbock, TX 79464 INSURERA: Texas Mutual Insurance Co. INSURERS: INSURERC: INSURERD: INSURER E: tlUvtrwurw 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD1YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT F7 LOC PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TSF0001095348 03/01/2002 03/01/2003 TORYLIMITS ER E.L. EACH ACCIDENT $ S00,000 E,L.DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE -POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS lanket Waiver of Subrogation applies to Certificate holder. E: ITB 8105-02/RS - Lubbock Tennis Center ADA Renovations GtK I II-IUA I t HULUtK I I ADDITIONAL INSURED: INSURER LETTER t ArvlaLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Lubbock BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. Box 2000 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Lubbock, TX 79457 a Richard Duncan/DMB wm6%jr%w VVitr"Vf\M I IVI\ Iwoo I ACORD CERTIFICATE OF LIABILITY INSURANCE TM DA,E(MMIDD/YY) 07/19/2002 PRODUCER (806) 762-0544 FAX (806) 741-1527MATTER Grimes Insurance Agency, Inc. 1651 Broadway Lubbock, TX 79401 Written through Quirk & Company PO Box 792030 San Antonio,TX 78279 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Minnix Homes, Inc. T7M Contractors P.O. Box 64895 Lubbock, TX 79464 INSURER A: Western World Insurance Co. INSURERB: INSURERC: INSURERD: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE IMMIDDIYY) LIMITS GENERAL LIABILITY MPP752146 05/06/2002 05/06/2003 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx I OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 1,000,000 POLICY 7 PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE $ OCCUR E-1 CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND IAI I TORY LIMITSI ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEd $ E.L. DISEASE - POLICY LIMIT I $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ertificate holder is named as Additional Insured and Waiver of Subrogation applies as their interest may appear as regards: ITB #105-02/RS - Lubbock Tennis Center ADA Renovations CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Lubbock BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Box 2000 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Lubbock, TX 79457 AUTHORIZEDREPRESENTATIVE " e Richard Duncan/DMB P u�kf t s%/Y`•. �'��- J o L cx_ ACORD CERTIFICATE OF LIABILITY INSURANCE *I+ DATE(MMIDD/YY) 07/19/2002 PRODUCER (806)762-0544 FAX (806)741-1527 Grimes Insurance Agency, Inc. 1651 Broadway Lubbock, TX 79401 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Minnix Homes, Inc. TJM Contractors P.O. BOX 64895 Lubbock, TX 79464 INSURER A: American States Ins. INSURERB: INSURERC: INSURER Di INSURER E: L:U V 1:KACitb 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DO/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE � OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PJECTRO LOC AUTOMOBILE LIABILITY X ANY AUTO D4BA4380674 07/29/2002 07/29/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS A BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR a CLAIMS MADE AGGREGATE $ S DEDUCTIBLE S RETENTION $ S WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT 1 $ A OTHER Auto Physical Damage 04BA4380674 07/29/2002 07/29/2003 $250 Ded. Comprehensive $250 Ded. Collision DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ertificate holder is named as Additional Insured and Waiver of Subrogation applies as their nterest may appear as regards: ITB #105-02/RS - Lubbock Tennis Center ADA Renovations CERTIFICATE HOLDER v City of Lubbock P.O. Box 2000 Lubbock, TX 79457 ADDITIONAL INSURED; INSURER LETTER liAMICL LA I lull SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 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 Richard Duncan/DMB ���''����``'� �..//:�- �-• CONTRACTOR CHECKLIST A CONTRACTOR SHALL: 1 (1) provide coverage for its employees providing services on a project, for the duration of the project based on J 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) 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 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; (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: 2 REQUIRED WORKERS` COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see 1 reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." I . "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 (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 vJ 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; rl JJ (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (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 (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services.❑ 7- -771 Ria ORD 7r� 'Ell 1.71.7 7. CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 111h day of July, 2002 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and MINNIX COMMERICAL of the CITY OF LUBBOCK COUNTY OF LUBBOCK and the STATE OF TEXAS hereinafter termed CONTRACTOR. W ITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #105-02/RS - LUBBOCK TENNIS CENTER ADA RENOVATIONS - $147,352.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Texas in the year and day first above written. i n ATTEST: City cretary APPR ED A TO CONTENT: Ownery Representative --• • IVA •- ATTEST: Corporate Secretary _I CONTRACTOR: MINNIX COMMERCIAL By. . PRINTED NAME: Tn•s !'%i.✓.✓� TITLE: P'V S.dezt- COMPLETE ADDRESS: Minnix Commercial 14302 S. Slide Rd. Lubbock, TX 79424 County, r� GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, 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 Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit MINNIX COMMERICAL who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative CRAIG WUENSCHE, PARK DEVELOPMENT COORDINATOR, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on 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 inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract' or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, J 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 copies of all Plans and Specifications without expense to Contractor and Contractor 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 or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are 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 its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the'parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. 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 the contract documents, and 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 decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE C 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 its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that 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 shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's 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 itself 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 affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to 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 work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, 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 Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, 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 1 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 consent or 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 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 such work is in preparation or progress. Contractor shall ascertain the scope of any observation that 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 such 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 Representative has previously accepted the work through oversight or otherwise. If any such 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 such 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 approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and 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 the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly 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 Owner's Representative as unsuitable or not in conformity with plans, specifications and/or 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 the contract documents. it. is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. J23. 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 actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK I 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, t 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 lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and 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 specify in writing, before the work commences, thermethod of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the ( Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be 1 determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its 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 t 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 Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, 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 J written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as Jprovided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall. be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents 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. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar 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 its 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 AND .GENERAL INDEMNITY 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, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all ofits officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but -not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given of 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 its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its 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. The Certificates of Insurance furnished by the Contractor and Subcontractors shall name the City of Lubbock as an additional insured. If no subcontractors will be used, said insurance certificate shall be accompanied by a written statement from the Contractor stating to the effect that no work on this particular project shall be subcontracted. A. General Liability Insurance The contractor shall_ have Comprehensive General Liability Insurance with limits of $500,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard, Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, L0 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, $300,000.00 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and - Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 0406.096, Texas Labor Code) - 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. 5. 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 M (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of -the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 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 (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 1 10. By signing this contract or providing or causing to be provided a certificate of coverage, the 1 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 JRegulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the.address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. tM: (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 4 10 (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text 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 or 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 5IV440-3789 to receive information of the legal requirements 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 l services on the project, for the duration of the project; 1 (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 following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting 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."; f (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: 11 (1) a certificate of coverage, prior to'the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;- - (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (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 Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the ` Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in anyway, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter 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, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a J sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such 1 indebtedness. i 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. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except - _.l that Owner shall defend all such suits and claims. andshall 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, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the 12 Contractor shall be responsible for such loss unless :it gives written notice of such infringement to the Owner's Representative prior to bidding. 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 affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith; he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor 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. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its 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 its full obligations to the Owner, as J provided by the contract documents. ' 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES .y It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, 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 as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, 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 $500.00 (FIVE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set 1 forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially y completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range 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 the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate; however, the amount agreed upon herein.is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. j IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS 1 OF THE ESSENCE OF THIS CONTRACT. r-� 13 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall j be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as l 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 its 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. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor -shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided j herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS ;1 In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or .workmen, or any other cause or occurrence. 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 sole judgment of the Owner's Representative that is caused by such j stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS 1 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, and only..when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they if 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. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, 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 J 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. �:(.1 14 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 Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising 1 from or growing out of the performance of this contract. i 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to .; receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor 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. ;_. 11 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, Owner's agents and employees, 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 or, if the Contractor does not submit such application,.the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, 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. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. 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 the contract documents. J Any partial payment made hereunder shall not constitute a waiver -by the Owner of any and all other rights to enforce the.express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or -materials delivered .hereunder, including, but limited to, work to which said 1partial payment is attributable. 43. SUBSTANTIAL COMPLETION 1 Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) s working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, 15 if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. 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. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor 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 certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (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, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE 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) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner l shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right z:J under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, 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. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any l 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 the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the .project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: 1 (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and J 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 maybe 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 I Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. 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. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 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, if applicable, whereon the Contractor or. his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows thatthe 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, if applicable, 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, if applicable. Should the cost to complete the work exceed the contract price, 17 and the Contractor and/or his Surety, if applicable, 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, if applicable, 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, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar 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, if applicable. 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, 1 equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. -� The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a. performance bond in accordance. with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in .accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds 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. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. = 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense 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 or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at. his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct; supervise, and control its 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 Contractor's performance and to carry out the other prerogatives which are expressly reserved to and J vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or r_.� 18 effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's l Representative or to the Contractor's own employees onto any other person, firm, or -corporation. l 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at 1 the completion of the work Contractor shall remove all such debris and also its tools,- scaffolding, and surplus J 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: r� 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, l Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same J may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the L City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring thatall personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 19 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO.6262, ITEM NO.39, APRIL 8, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 11.50 Air Conditioner Installer 12.50 Air Conditioner Installer -Helper 6.25 Asbestos Worker 9.00 Asbestos Supervisor 12.50 Bricklayer 12.50 Bricklayer -Helper 7.00 Carpenter 11.00 Carpenter -Helper 7.00 Cement Finisher 8.00 Drywall Hanger 11.00 Electrician 13.75 Electrician -Helper 7.00 Equipment Operator -Heavy 9.50 Equipment Operator -Light 8.50 Floor Installer 9.50 Glazier 10.50 Insulator-Piping/Boiler 11.50 Insulator -Helper 7.00 Iron Worker 11.00 Laborer -General 6.00 Mortar Mixer 6.00 Painter 9.50 Plumber 12.50 Plumber -Helper 7.00 Roofer 9.00 Roofer -Helper 7.00 Sheet Metal Worker 10.00 Sheet Metal Worker -Helper 7.00 Welder -Certified 11.00 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator. 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 2 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. 3 SPECIFICATIONS TECHNICAL SPECIFICATIONS SECT!ON 01, 0,0 5, ADMINTSTRI-Vr"VE PROVISIONS SE�CTIOI; C,1 3,,),,) H S"O B z ITTALS QUALITY CONTROL S E C T I C; N 015 Or CONST-RU("TTON FACT"ITTES AND TEMPORARY CONT p 'or S SECTION 0 -1 61010 QTT MATERIALS AND E ­IPMENT S B C T ON 0`1 CONTRACT CLOISEOUTTI S E 'C"Ir 10 N 0 2, _7 -21 MINOR DEMOLITION F'-"'R SECTION 0 -3"3 0 0 CAST -IN -PLACE CONCRETE SECTION 0-5522 ALUMINU14 RAILINGS SECTION 1 J1.Z5 ALUMINUM SEATING A/010/ow J SECT'10N 01,;0` ADMTNTSTRATIVE PROVISIONS rALlcr 1 UE:tililll :L 1.01 REQUIREMENTS INCLUDED A, 1_t.le of Workc• and T,rpe of Contract. B. Owner-rurnis ed Products. D. Held ngineering. E. P.'uference Standards. 2. - 0 2 W0 RFC C')VERED BY CONTRACT D0C IMET T'S A, ',pork of this contract involves demolition and reconst.—action of concrete flatwork at the City of LubboCk's Municipal Tennis 4' Center, located at 66th Street and Gary Avenue, Also included in the work are demolition and removal of existing railroad tie rEais at. parters and seating aras; and wall l) with concrete retaining walls; new concrete ramps to the courts and clubhouse entries; revision of seating areas to accommodate handicapped users; and rlP,w curb ramps, accessible parking spaces L ar_d st.?,_iping at the eZisting parking lot. 1.03 CONTRACT METHOD A, "or!struct. Lhe Work. under a single lump sum contra.c:t _ 1, 4 OWNER -FURNISHED PRODUCTS A. Products furnished and paid -or by Owner, but installed under this contrast: 1. New water fountains. B. Owner's Responsibilities: 1, �irr an(7E for d e q �, r. dr nC D ouaC v a a n i Ci end u 1. E r� i:u s i r . aw a �. data �. Z .d »a.rm leis to c. n t'ractor . 2. A. range andf, pay f or product deliver y to sit e , �. Or dElivery, inspect products Jointly with Contractor , s_v,^Itt;,y:,iP:s f). _ar)SpG?-va-11Gn damuwe, Arrange for revlpc y'Rent of damaged, aer-ectivs.,or rr,jssing L 7' ' I g e l 'r' i' {. i ry^ � G. i. i, r � - mo w. '�� ct o l S 6- _ _ i l�.i_ �I a T �.v. i-a. .-L).t .rs Yv a�.!�..� t-4,.--�.- ..1v�.S Gr.. C's! racto;- s Respori,._es.. t : C..." . e tc:. 1:. IIG15_ . rO��S a' S1te, L1`1.SrEC fC_;r C p_.. 8Z! C �.•r, cr da e . jointly «:it!1 Oi.,mer. 41 3, v Handle, store, and Jinstall products provided' by Owner, rep?.ac~� �.ter:s ca., agFd by T>'kcrk o th-s C:or.tract. A (""oCrCii_� �;':a_e work of t ie ,I:ious Sect._C;n.� Gf Ss�e lia.C'at.__._� O ., asp' e of f i-_l t, anew or der ('V sequence of I,ns,L a � at l D _ )� C(_ .ic'tiy.,r.<c L,,-)n e!_e"!ients said tn- pr vis_J o n s f-)I a.C oii?r,..! icda g; i e.!.�:= i ^ p{ O'�%iCl9 d r>�• C)vtr!C'r ar:�i �_riSt.ci.1.u.C=!i LirlCi�t ttii`, ',;vi2tLa.�,:_. r,. Ver_fy alacteri.st._c,s o f eleme`!n.1::ti c': _...UerreI?te^ �.)p ra, i n g C_OfUp IF'ent. ar: t' C,o)ntpa i.11)1 e; `lo,o C` i LnatE vwo r k Qi `Tarious seo 1' ans y_�.,l1i1G ].11`!.'ZrC1E:T3i�rsa :i'_ T135 G)";51.b1'!.1t es for n.Sta_l�t�.:�.._i ec --xii; pa.ac:11' g i 1 E,el vice, rsuci.. equipment. A .. contract or sha11 f iefs ver-2 y and be respOnsibl f cr a l i site 7 S .de,? alk , Cur' and GLitte� 8_evations. r Pi Cvid_l.. rE.'. Ci 1._iN.el ir1i r g services; estab J_sh =races, lines, .n-'� levels 1, use of recognized eng]-nee--ring survey practices . �.• :C o_t o1 datum f.�r ry ey s tr a _. s �o4r__ orF r av,7rr:as . L.eca�e a1.i0 -'r(_..ect control and reference points (Y _ . � , Rtcl�ET E RErd�,E �,mAN�APr;, _-. "or Prodluct; Speci.f J ed by assccia 'ion or trade Stari^'ar s cozTiply ,e t:_ requirements of the Standard, except when more rigid requIxre-miants arespecified Uv are required by applicable rOdcC B. '"he date of the s--andard is that. 1n effect the :yid da-.e• e Cep-, v:T'-�e n a Specific da's_e is sp.ec� f iec . opiies of ata'Is.d_a._ds wheri. re uiruC by Contract �•,��..,ielnt.:.. i•ain'ta_r; c`or-v at f...e:ad .;f �+icE. -,p �T r n - r. n 01300 .., �J BI•: • 1 L rs � S PAR"' i GENEWA.L 1.01 R ,?UIRRI�i.RT+TS INCLUDEE' A, Procedures. Cons`-LUc .'. i o`1 Progress Schedul' a . C . S�chedule of Values. D. Shiop D=awings. C. Product Data. K . Mar.ufpct.u.rers ' Certificates, 1,02 RRLc;TED REQUIREMENT'S �i, Specific requirements stated in individual specification sections. .03 PROCEDURES 11 A. Deliver submittals to Architect/ Engineer at the following address: Jones Rowntree Architects 2134 82no Street. Lubbock, Te.v:as 7�423--42cS E. Transmit each item under P,_chite: t/r'1°r)G,r`ineer accepted fcr�m. identify Project, Contractor, subcontractor, major supplier; identify pertinent Drawing 91.eet arid detail num er, and Specification section number, as appropriate, Identify deviations f:r:omi :or,trac't Documents. Provide space for Contractor alld Architect/Engineer review stamps. C 5��.bm t _.r.. .ia prcaress scr.edules and s^lj.cdu?e of values in �Lplic.atE wit ]n 30 days ?ft'er award of Corl''.act. lifter review by Arch.irect/Eng_neer rev --'.se and resubm.-A as required. Submit revised sched�;.les wit.n each Application for Pay -rent, ref' ectin.g .`..I r.�1:anaes since Previous submittal. j Pr r _,.4 schedule '� ss7ihmi t l related, +(' T7 ti 4>• ��� �.�_cg_e� s• d. � :��r v.�_ �_ to s Le ��ed � .ti :ram A o',YeSs _ �� :cr_d hate sub:-.�itt_ l of -related items. N z.rchit ec:t/Engine •r review of submittai, revise and rtC .tom • T�, y L i r' n N T v /'.1J c �.0 y a i equ-' eC' , 3C e-? 1 _'r rig cha_.Ues rtlade Si n, e previc. 's D, F.-t4"is i rev'_ewe,d su}..ITlf_Z.a1S to cc,ncerne .. pe'_"scn S. .Asty.4 C_ reC _-1,,'1ents to pr(:;Tt fitly report any Ina.w1liT.y to C, 1.300-n �; _ '-'nT,TUURUCTIONPl?OC-.i�:Ft ., tSCY.a_)t;i E Vi A. Submit hor±zont.ai bar -hart. w.th separate bar for each major trade or rpera.tion, identifying first work day of each week. R. Sl.oitT comn 1p-te sequence of con, str fiction by activity, ,- _. t - y ideritify.��iC= `:roLk of separate. ru :.ayes and logically grouped activities. :1G5projected percentage of corr! Ietion for each item of -vjo-- - -s r., progress apply_cat ion foi pa.`yit{e" t . 1.C5 SCT LDU-TIr^_. OF VALUES, A. Submit typed schedule on AIr. Form 703; Contractor's standard _:arm or media -driven printout wi.1 be considered on request. B. tFormat.: Tale of Conten-s cf this Projec'. I annual. ldentit`y ri a._� siriE i rig I_ nu, i-i i b, e.: a id t.lt_.e of the nia�or �.p cifi..a�.i-�1:. SeCt i cils . nclud& in ..u._.?'i 1�...Y, a aL...,-tIy pro.uor _ional amount Gf C. nt.ractc,r ` s overhead and prof i t. , ;_i, Revise sChed'u'Le to list change '.:orders, for each application for payment- . 1.06 SHOP DRAWINGS A. Submit the nu.mher of opaque reproductions which Contractor ;requires, plus two copies vrhich will be retained by Architect/Engineer. 1.07 PRvDLCT DATA A. Park each copY' to iderL- fy applicable Products, models, options, and. other data; supp:Lement manufacturers' standard data to provide Lnformat.ion unl.que to the Work. Include m�anufactu.re_s' installation ; s_u�_,ct.o7s when r.-.quir'ca by the Specification sectJ.oni. R. Submit the nu3.ber of copies which Conn--ractor requires, plus two cop.A.es which will be r.etai I'ied by Arch) tect /Engineer. MA?� TnPCTI� FR-, CFr^tsa''IC�+?ES A. Sub-mit ce_ t, fiti'ates, in duplicate, in accord8nce with "eGu.= re??e `+-s of each SpeCi eicatioJ'l section. PART .i i f ` U 4 _ .i. l,l N F c7 t. Userd END OF SECTION �,J S' Et " TIT01\1 (_';j--X­k'jO QUALITY CON- OL PART 1, GENERZIL 1.01 4EQ TREMENTS !NCLUDEL A., „uality cort-ro]. o�. roduc:ts al�ld workmans'r_ .p. .E.1-11a.n.afacturer'`s instructions. C. independent Testing Laboratory Services. 1.02 RELATED REQUIRE-MENTS A, Izadlvidua_ Specifications Sections: Testing required. ti '1 0 3 J E rn R T Z m T (J!IT A. M airytain quality control over supervision, subcontractors, suppliers, a naP_ufacturers, productS, services, workmanship, and s='t�E CO?ICi.1a �.GX�S, t� p"t7�31t(�e �lt7cr}<: in accordance with C-ntract Do i,ents . A. Com-ly ;rJ th industry standards of the region except when more restrictive to-lerances or specified requirements indicate more ri aid standards o;: more prec ; se woi: k,:ia,-sh-11D . R. Provide suitably qualified personnel to produce Work of specified quality. .,.=:Hcuace pa:}.arts i ,. Place �,,i try positive anchorage devices de -signed. and sized to withstand stresses, vibration, and rack_ng. 1, 05 MJiTTFACTuRFR`S INSTRUCT S A. When requ=_ -d in individual Specifications section, suh. mit. nan,UJ act�wrer s p): il.ted instructions _n quant_ta -equ=red ;or pro -act data., for delivery, handlingi storage, assemb'y, :Lils a.,.Ial- i :F star t5p, ad]TJ.c'._Jrg, 1)a r'.:±+:,LI'+y, and finiShi:_ � ?mac, 8p"+ ';'..l8.tG. L . %e=gL'.S.i'e. cC'ir;p 1ia:tce :' t.h. '_tS:r'! c ion2: lIl fu.1, de -ail, _ncl'u'drn each step in sequence . :.1 JLl .d. i.i"'_ t.I"uct. .C' i Oi1f J.�.CL With C. In alert. pf'L lciltti, (7is�3S 'ar��catipi from .'•_'_"ca'1teCt,rEngiilevt' c201E ?`c G'@d_'_1C 1 . t 6 MANUJI rcCT R- 1331? S C,E'PTIFICAT F in inc._R--:Ldu.a.' section. , aZ-.r1li" s : - y e•� ryry r_ _ t. t��'J;�`• .`C. p (el_ieT�t s, xe•Lu. 1 byLJ �.�.� •i e}�C.q n i• t.CB 2ESII2G tk2C :IORY SERVICES A Cont£acto» shall em2lov and pay for services 0£ an Independe-nt 2estieg Laboratory to perform inspections. tests, and other se=7ic@s 1@@5i=e6 y7 va5i0Gs S2eCi£icatios SeCtioSs. \. Services will to per -formed in accordance with the requirements o£ Sgeciƒica.tio2s Section 01400 a2J the re%Qitements 03 governing a?tbc2ities &56 with specified Stadards 222? 2 22CD2CIE - met OSeE ErTT C)K - Est OS»d yND Of S2CIIO9 0 00-2 ,�. r, k. i J_ G l CONSTRUCTION FACIL:F'TIES AID TEMPORARY CONTROLS _�,RT I GENE AI .. 1 . 0 REQUIREMENTS TNCL ;DED �. Sa _ety .r. SaTi Lary" Fa-c 21.i es D Construci-i-n A.ids Barr C.leani.rg During Construction l.02 RELATED RE'UIkEMENTS A. Section 01005 Ad,nirrratrat:IvE Fro°aisicns: Surnmary of the ork. P< Section 017010 - Contract Closeout: Final Cleaning, 1_03 PROTECTION OF EXISTING FACILITIES ^� _, Take all precautions necessary to protect all exi ring landscaping, sidewalks, buildings, vehicles, utilities, etc., i:z - the area where the work is being done, or that may be located adjacE-ntl to, or in -route across City property to the job site. The Contractor: shall rebuiId.. restore, and make good at his own expense, all ir'ijury and damage to same which may result from worm c:arri ra,_z cut ._nder this contraw t . 1. . 04 Sr_F�`.+IY The: Contra~tor shall take all necessary precautio_ls to ensure :. 5a ety of any pcdeStr i as a during theem011tion, c:on. str )ction , and cleaYi.-up open cations . The Contractor shall iT;ani air: ,anal keep ir,-goc.c repair the work intendec: �rL^er the P1 CnF, _.zid ;'pE° C_J I; Lc`at1ons and shal I pariorin all n e c 6 ss nary 1 e p a I r, cc-rnstr:.tticn, and renewal to the date of acceptance by the JI SAi:W iTAT1T FAC7T,? 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I - rt OD 01 C.). Fl. FY T (D S1, C) C) o W (f) W (D () i") Cu rt 0 -j p. IQ tQ t-h 0 F C T T ED'i JO MATEYRI :' AND EQUIPMENT PART 1 GENER'kL 1 C)l RE'QUIREMENTTS INCLUDED E. Workma?_:s��iD. +� C.2anu`acturers ` Instructions. D. Iransro_ t aL .. and 21..4 rS 1.s3_nl. . E. Storage and rro'Cection. F . Substitutions and Prolduct. Ocoons . 1. G22 RE%.$TED REQUIREMENTS, }S, A. yam, ct o 01'30�� _ 3'1 i- t s. Submittal t'7t � f _ cL iV s1 e.._iun .:�• _ S'l�l..%it L ,:.1� •L...1TL,_Lt� Cy !!'•u'ai;_ � �.0 r. certificates. B. Section 01700 - Cont..-act ose u't. C . Section 01 a0�0 Quality Contr-1. 1.03 PRODUCTS A. Products lnc' u(ne material, e�,u �me t , and s -ats . ..�� � z ,. ,� yste.Y_ R. Comply with spec ificatior�s and referenced s`an,"ards as mi:^__T.c . r-: re suit-em6nts. C. -CiTR?JCn Er.`.S reitir=G tCe s'tppl_-$ in qua—.i_�_ t';' th1n a sDe-CIf Ica tion sect: on sha11 he t1.e same , and s.'ia=1 he erchangEu1, 1 e. n'o not use malt.erlals- an c _i ���^:ierlt reglove'^ frC`. ex-1 ;t-Ing ' i-t ?z :u specifically 1..G:, i ol- 1 u'trL7.0 k.'L.`.ry �' tii ��_ S`. r�_L.r-C:EL.i i... 'L% .�E=t.�, x allowed, by act a. t.Ci!i�rSJ.�1 �i.__ =6 uL.iv...ry Ys t aj--,.d ar°-`3s ex:;ept when .. rvre- o toIe_a.n es or specified r 3 q —1rerp. e4ts _ndcatw Mo-1_ ,_ .gid '; or ;i"ice' � � �^ �i � � � �. � i 11 e �R 1 CZ 'v..'�_ t:. s 1. ? d l o. C W �: r t1 s I t i v' e c._ x_ e i. V t C" e S' _ .). _ tJ YY 1 !.i S L v.'-). C: f s v , r a c 7' T. ..,.. i, '•f l SU„,. ...�v.�--'S I � *t'i x•. 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CA C) W (b ct H ll t U2 I.J. rt Fl- 1:7 0) CD Eli I­(j 0 I-j 0 (D 0) 0 to. kt (T.) 0 P-1 ',::5 (D IM P) rt IQ .I! C'P till (T) 0 OLI tir (t D. For matexial and equipment specifically indicated or specified to be reused in the Work: 1. Use special care in removal, handling, storage and ieinstallatinn, to assure proper function in the completed Wcrk, 2. Arrange for transportation, storage and handling of products which require off -site storage, restoration or renovation. Pay all costs for such work. PART 2 PRODUCTS Not useJ PART 3 EYEOUT1017 Nct Used END OF SECTION ISECTICIN 01700 CONTRACT CLOSEOUT rART 1 GENERAL 1 . C1 REQUIREMENTS INCLUDED A. Closeout Procedures. R. Final 1-1eaning. 1-1 C. Project Record Documents. D. Operation, any. Maintenance Data. E. Warranties and Bonds. 1.02 RELATED REQUIREMENTS A. Conditions of the Contract: Fiscal provisions, legal submittals, and other admtinistrative requirements. R. individual Specification Sections: Specific requirements for clean-up, system commissioning, demonstration and warranty. 1.03 CLOSEOUT PROCEDURES A. Comply with procedures stated in General Conditions of the Contract for issuance of Certificate of Substantial Completion. E < When Contractor considers Work has reached final completion, submit w-ritte:c. certif i cation that. Contract Documents have bee*. reviewed, Work has been inspected, and that Work is complete in accordance with. Contract Documents and ready for �':rChit.eCt,�Dng�.blee:3"�S insj�ectiOn. C. In adc'ition 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 Cont_ra:ct curt, previous payments, and su!<< remaining due, D. A' -'hi- eL— /'Engsl.eer will issue a fin aI ch anga order reflectl.0 apr;roved ad j ast.ment.s to Contract Sum. not previously made by. CI-._=_Yige Oruer . vA r _1,,7 C ,F 7'_NIjvG A. Exe-ute prior� to final inspection.. D , re7move waste and surplus mate._ lals , rubbish, and cons r".1- -lon fac:ll-t_es from th-e Proj4ot and from he site. a L: e ..] Y � v _ i_ .. �J v i .) L.. a J ` c v a :. n ... c - L V q i_. m. 1 E p:. yf? • r_ � evt , "�r�a f r � e _Le,,:e�:t- f or c J'::% as i� � documents. s /+C0-1 _i B. Keep documents current; do not permanently conceal any vcrk -� tirstil required information has been recorded. 1,06 OPERATION AND MAINTENANC'E Dx.TA 1 A, SttbM2 t two sets prior to final inspection, bound i n 8--1; 2, , 11 } inch -hree-ring srde binders with durable plantic coves. -Lde cperat-ion and Maintenance-.nstruct-ions, giving names, J aresses, a_ic' e1ep .one nu.ml>ers of subc;Di,tra-tor: and s,-,ipp .erS , L, r_st . � 1 Appropriate design criteria. 2. List of equiPmel:t. 3 JJI 4 CDpe ati Iig 1nst-ri1. .-tons 5� Ma_ntenance ins, --ructions, equipme-n1_. yhrp Drawing's and Product Data. 5.1 Warranties. 1.07 WARRANTlES- AND BONDS f=— P_'oVide dup.lz;at2 Copies of .ali warranties, guarantees an-d bonds as requested in individual specification sections, Provide table of contents and assemble in binder with durable plastic cover. B. Submit material_ prior to final application for payment. PAR 2 PRODUCTS - Not Used 13 E7ECUT.'ON - Not. Used END OF SELT"ON �' G / 0' 0 - Ci _. SECTION 02072 a' MINOR DEMOLITION FOR REMODELING PART 1 GENERAL i,01 WORK T �?CLUI)FI) A. Remove designated elements, equips=.ent and fiXt-ures, B. Tdentify uti�ities. 1.02 RELATED WORK A. Section 01005 - Adit-i ni strative Provisions: Work Sequence. 1.03 EXISTING CONDITIONS A. Conduct demolition to min.irriZe interference with adjacent landscaped and grass areas. B. Provide, erect, and maintain temporary barriers and devices as required for safety and security of construction materials. PART 2 PRODUCTS - Not Used PART 3 EXECUTION 3.01 PREPARATIOT, A. Erect and maintain temporary barriers to prevent injury and to provide for public access to park. B, Protect existing items, fixtures and finishes which are not indicated to be altered. C, Identify any utility services within demolition areas. Notify Owner's representative of uncovered services which conflict Cain: new construction. Protect active utility services:. 3.02 EXECUTION A, Demolish in arn orderly and careful. manner. Protect, existing concrete to remain, adjacent trees, grass and 'Landscaped areas. B, Rxcent. -v4The'ye noted otherwise, immediately remove demolished Raterials fro,-Ti site. _ <",. ,Yelics, an'iaues, and similar ob;ects remain the property of the Cwner. Notify Architect/Engineer- prior to reiroval and obtain ac^eptance re_a.rding method of removal.. D . Remove rla ter ials to be retained iln a manner to prevent_ dama e . -w Store and pro'---ct from elements as required. D20772-•1 �e E, Remove and retain for reinstallation the following materials and equipment: 1. Water fountain 2. Site benches F. Remove and promptly dispose of contaminated, vermin infested, or dangerous materials encountered. G. Do not burn or bury materials on site, H. Remove demolished materials from site as work progresses. Upon completion of work, leave areas of work in clean condition. END OF SECTION 020 2-2 1 SECTION 03-300 CAST -IN -PLACE CONCRETE -� PART 1 GENERAL 1.0 WORK IN A. Prepare sub -grade to receive course r—aterial s _ter walks, CLIrr'S and gutters and 2?+E?rdaC'ileS B. Place and compact base course materials for walks, curbs and gt t! ers and approaches, C. -(-o Crete walks., C:"l!r s, and Ci',.;t -ers complete KI' t;.1 i re.' x_1 viE'Te 221t D, 'Concrete retaining walls complete with reinfDrcement. cE. Da,,upproofIn a of concrete reta?.ning wa-1 sr and sealing of -_11 exposed concrete surfaces. F. Control, e j:.a: sion and col traction joint de-,Jices assaciated ',pith c.(�'ncrete work, including joint sealants. 1. 02 REFERENCE STANDARD. A, .A'_CI 211.1 - Selecting Proportions for Normal, Heavyweight and M` Klass Concrete. F. ACI 301 - Structural Concrete for Buildings. C. ASTM CI50 - Portland Cement. D. H,STM C94 - Ready -Mixed Con.czet.e. E. ASTM C260 - Air Entraining Admixtures for Concrete. F. ASTM C4014 - Chemical Admixtu.-es for Concrete G. ASTIR A706 - Weldable Reinforcing Steel, `KI H. ':'S A6� -- o P• n -ti e Bar. F'T Ye-..v 11 ... ii �5 Def pie= anc� 1 i...� millet mot. el �� �s .�.._ Ccr�c_ Rear �n ceme i T A.STM C33 - C oncre e 17,,ggregate5 1.03 SUBMITTALS FOR REVIEW � v �. _ :ti�n r;130u - SubnifitaLs. }•ocedures far rr tta R. P _-duct Data: provide data o' jOlnt materials, u''.Cimixtures. {:.. ziea e•rs and ami. r d ___.!i_�rJ _ O^ P i n g. r U. .t F.ta. Proposed .conl-r to mix design, Ij �.N'Z'0FC � I0F AND TEZ iNG d A. Contractor shall employ and ray for services of and -� ino-epender'! t testing laboratory to perform J nspeCtior � and tests of 'concrete raieter ials . B. Testing shall I)e Perforined in accoI:'danCe with re'q-jiremeI_ts of S�o'Jer.n�ng cil..tlior_..t1cS aI'ld S��EQyf1E'Ca ,a cir"i 2rdS C. Submit test. reports to Arc hit.ect i duplica+er shCw_ng re S ults of tests and , .rliz'' waLinCj cQntY l' a'_'_C? Gam" riC:1;-G'Q Tkpi-3llCe 'vTit?I standards da.�rds and sped_" i cations . _.. Th r ea ( 3 } oncr _ _e tes".. c,y I ,_nd.ers Wi _i be tc..liel for e4''2r c-'r less cu. Yards of CorlcleCe placea Y:. 0n.e I `j addit.io i.a1 t e s t C:'y1II'!der C,r111 be taker! during co1.d. ^'ea 111e:(}A"!C: e,JL- na aI' d be Cured oI1 job Site -under sake. cond-* t._Ors as concrete it represents. x , Orae (1; slump test wi11 be taken for each set of test ake— i . ^Jr- QUAT,ITy ASSURANCE A. Per -form Work in actor danCe with A.CI 301. P. Acquire Cement and aggregate from same Source for all work. E i CK-i3� A. Construct and erect a separate f_eld sample for coricre-�Ie sidewalk fi?li5' and vsrtical. wa11 f-_=fish. n . CCns't.ruct samo 1 e panels aii, ra urr,l two feet long, by two fee - :_ t e . C. Accepted s,a,�mp _e panels are Cons-.dered basis of quality for tr,e finished work. Keep S2.ITple par!el exposed to 'view for duration of concrete work. n. Cq, FL.RT 2 PR�c�_ A__ Sand Cushion: �C�ean natural river or bank sand- free from t, ^i3y ;care+. fr able c,' so-uble materials, and organic at to . Local fJ1.Q..; sand may be used with. approval of A.ra' itect, 02 C, R.u'" t MA.. E .-. IA T r i. _: 7 Po-tiand Cement : ASTM Ci.�'�`.. �..+- Norma, Type ._ . �iie and ...oars. Aggrega- es` . ASTM C33 . Wee_ . Clean. am f,_ ee f ro.m i n ur_ous a> ou_x E of oi a -1>al �� _ f.^;.Izi r�F;i:t �L l c::�" .•i.t'!e'_ t:ie�?i _Q'.c TL.ate� 3.e..�+� . H, J 2 . G3 r .0 . IN" 0R;, F; DINT x... Re.-Jit orc ng Steel. 4C ks? yield strength; deformed bi'l.et steel bers; AS'_•'M A615; pla-n IZnish. B. Minimum 16 gage annealed type, or patented system accentabl=- -o Architect. C. we dace Fabriw. Ylain type, ASTM A-185 in toiled 7,oI".s; U n f I'; 1YI ishev . 2.04 FORI-P.-IOrK AND ACCESSORIES A. Fo_mwo7k: Matched, tight -L- trig and adequately stiffened to support weight of concvrete without deflection detrimental to tolerances and a-i-Tearance of concrete. B. Form Release Argent: W.R. Meadows Dt,?ogard Concrete Form Release Piggent, or appl ion'*.'MCA equal. C, Br_,ridir.g Agent: W.R. Meadows in.tralck Bonding Agent, or approved equal. D. Waterstop: W.R. Meadows Sealtight PVC Waterstop, or approved. equal; No. 4 316 , 4" wide. E. Joint Filler: Sonneborn E-;pan.sion-Joint Filler or approved equal; closed cell polyethylene, minimum 1/2 inch thick, or approved equal. F . Expansion J 01n-.. Cap: W.R. meadows ti17 ap-1--ap . o_ approved equal. G. HoriZontal Joint Sealant. Son ,.eborn ESL-_ One -Part Self - Leveling Polyurethane Sealant, or approved equal; gray color. =H. Veitic a.l Joint Sealant: Son_nel:.orn NP-1 Ore -Fart Polyurethane Sealant, o_ approved equal; color. r.c_ete Comr�ound: W.R.meadows Seal -Eight C'S-309 A.:ryl; c. Wu.:i i g, and Sealing, Compound j - Non-Sh_ _ ?k 3_ c- 1t. W.R, lvieacdows. Sealt'i ght 5-vo 'r--Cis"on Gros; `;r approve-d. ecu:al. K. Epoxy: WL. ?'-adows Rezi-Weld 1030 MuIt. i-p-, rpose Const.ruc"—n po,;r.'v, or approved eq'+..',.ai . I--.:pp:_c.>f -c W.R. Seal:, sti�c Semi-Na.s'c Solvent T:-p:e D1.mrr.lc,cfw_.e y� a-Pi'oved equal, �.. M=.: .n pr- c,rtion to �:.roduc:e in:r,um 30CC psic Y:wrete at. 4 days with mia--K_L , m slump of 5 inc e s and. 4 to 6 pe_cent- air en,;rainrnent P_S7._ ^94. .1 LE- Use aL.c.elerat-i.nG admixtures in cold weather only when acceptable to Architect/Engineer. Use of admixture shall not vela.?> :old 4:'.eathe�r p;lacenent requirements. Do not use calcium ide iS`, set-_Et.arding adimixtures during hot weather only when acceptable to Architect/Engineer. PARIT 3 EXECUTICN 3.01 PREPARATION OF SUB-GRP DE A. C'ormiplete_y remove re.minants of existing concrete sla;�C r Sidewalks, curbs and gutters. B. Rough grade areas to re-ceive concrete to bring sub--gradde_ to Te°,wired elevations, C . Fill soft spots and hollows with additional fill. D. Level and compact sub -grade, to receive said base for concrete wa'ks, curbs ands gutters, to 95% ma.%J7 u-m density. 3.02 PL_zCEMENT OF SAND ^'-" SHIGN A. Place sand cushion base, to a depth of 2 inches. Lightly. consolidate and level. Prevent displacement. B. During ccncrete placement, keep cushion sufficiently- ,.Dist to prevent excessive absorption of water from freshly placed r concre to . 3.03 }!.CRMING _. v--orm vertical surfaces to full depth and seacureyy position. to rewired lines and levels i5 < Arrange andaSSem f e form"v7rrk to permit easy diSmai tl n.g and �'tr i-aping, a_ d t.o prevent damage to con Crete dur_ng formv.71.r:� removal. . C. i�+pply foSn.work release. agent on forai ork in accordance w-th r. a, -c,, � ;:rr c rec`.ommend.ations . A. p - � _or to placement of •p�,yz; p- re <f'D r .no. steel, ai2C Zc)T'ing de'1iCeS an embedded parts D. D _r,;.ot remove forms, shores and braving until concrete I-sas - ...;jf fs.�°i n=t strentI}. to _-arry i is own. we-,ght, co_?str�xct: on S_ -'f ��ti,e +h. concete a.,)of =i� __,.'ai::'eQS. _. .. iu.!.�. t• e_ iT ILV y M C;'-E. SS'1.'17S Le i= r eSu_.'_ y, It A. T R `.`l" _ .. ... .,..:.1_ S..%.�. :. .. l .. _.._ e e d �retaining walls, `JM a l .? i u , slabs, a. • _ i_' s ;7. i i d S C a,'.}! 4<.'_v a. t. E' d on i.11. a.vi _.. �c J . S,�.,�.Jort. all .�. _101 t 'S .. _ ...�. _ o_ ;Ti . ;1.1R} �_ -1 _ �" .. ~. a.. v. L a ry _. ' . 3.?'?.ci"1 t �. L r, Do not extend" reinforcing through eXpansion. aixd contraction �roV _t F `; lCct.�! C?C�.s'�1 as tiI?Gvwl}. aia detailed on u. r:,ca'e and ca one- end, as shown, leaving 1 14" free anovement In cap 3 , C 5 PR'EP.A. Rk1..C;III I F F.IIS T .1 N C �0NC?F' F A. Prepare ad"'a tent. e:kist._ng concrete: by- cleani wil",h s4eel. 1.Jr c_:!h and anpa lying bonding agent in accordance k i wh t?i.a::li_.fa^turer c i_3Str u"tirJ�2s R. In _..o at__,a is, N<heze new concrete iti dowel led T ito e,xistiny! J ': or1> drill hc, a es i?i exist.ir. a - o rL r 'e t e r ser steel d c:: ' s' rack solid -ti!ith non -shrink grout. 3 < C..: «''.iRM-1-NG EE PA SIO'N 1`:N:.., CONTRc!.l.,TIO JOINTS A. Place eit a_;.s1c'n G.r_i.l contraction Joi.ntsin tia_ ,7 and lrFt. aSi i _. �. walls at lwca=�ions shown on drawings. Provide continuous joint fil?er vwbere. sid. ,-_ aal}rs abutt curbs. R. 4._' tom; � l� c r i' c c ,i a �;. _��. ioi.r_,_ I�ii�,h fi .per o� required profiles, wet perper�o cu. Lo __angitud_ncal a.<.ic of_ walls, vzalks, curbs and, getters, Instal expansion joint cap to provide 1/2" recess below f.inishe-d �^..oncrete surface, C. Irip>t.al.l ''a+BrStO S as detailed in expansion pint` of rat.a.inin}g� Ways.. CONCRETE ING A. N. v r( r• m vL ;! sr o.- y o � •tif� �_ �"<J �.v-'�..� i:�.`�":i�Ulr�-� r< fJl:L5j,,p'ri.i� 1.�ry� £'-a..,�l C�?a�CrctA pC11r. , rIaee Co�3crete ir_ accordance wi4h 11rir JJI. C. Ensure reinfor'CeP.'':ents, inseo"ts, imbedded i ents, dowels, formed e:;pansi.on �cii',_v�, and vwaterstops are not G1Stitr� ed G'ur �l"iG COiICiGtB pia --- ein6,nt . J, 7-r!su2:1e all sidewa Lk:s 1_ avie _ . 20 or less running slopeand- 1 . or less cross -slope. E, E22 .;.Te finis bed surfaces do not "v"a"t? from truE lines, lel,,eIS or grade Lv more tear. l/8 inch in 10 feet wh.e' measured v7i th F, Fiace conc= et e , s.` -reed and wood f . 0_' t surface's a smooth ,.'_'u finisin, _lee O'f open extU.ri.L__" a?.'sd expc'sed aCl ..- g;tdt 4 i _ z Ch, -IT3. c, '✓ .. 1 Q _. e J .."'_^ a ...!'s c.'Q "_ as 41_ ... L.- L e u .: l l.t a 1. n. y E'., L. .. .. s Ih' _. ,..�_ / 'i. i�> �+ 1 t r. d ._ t..! i.. F' :.! a' 1 ,�� �.' .. 1 .�.. . i �� i Prr-vide ev--;Dosed szz faces of indicated walks, "c221CapaccSs rasps , curbs 3nd gutters with dry brush finish. J. p" ^Bide f orm86. Concrete r e',-.aini'1g l' i la :>Iicct--h i_T..' :)'Ded Y� . apply cu::"_ irg coi?pound/sea ier on%4 r; s "fed surf -aces _mm,-diateI ,_ ari.El p'acC=�"tei%}i.. Ap�ily li: aC.�:Df'Cia1�Ce i��.- t .1 ITii2I�-f ...�,. tu','e:. c ij . x•p�' = y dar:pproo- 4 ii to p ? an � z s�: e of -onc:re to Y e4,a i n4 r-a Sval _. , .i':ppi.i' in F, cco-L-dal i!ce w t to manufacturer's reC:"mme r 3 bons . A. :pp sealant t0 jolint s or_12 of te-1. co _mete has comrpletely C:..r-ems and all loose material and !a, ,!:a=2-:e has been r em1 .,: eG f:.-oIT! sIJ.ry eti . e to'I V .. eiT:G\7e tc)p 'pc)r t :� on. cf pIa.;st-J c e�-,a..,_.s`i0:, , i ; t ..Jve.r . C, provide masking at ;oi_.t. edges as required tc maii2tain stra-fight 1-i-ne Cf P�ealant . D. ApplyseaLart by pou._"'ing from a spouted cC_1LC�.1ilG�r or by flowing from a bulk -loading gun or cartridge. F _ -,ppl y seal, to a depth. of 1/"° F. pemcve C,lcasking tape before sealant, has clAred completely. G. Protect - i nt s8 l nt fro*r dirt and t ff-c until completeiv T; END OF SECTION I , tj S -TION 05522 ALUMINUM RAILINGS PART 1 GENERAL _ .01WORK ITjCLUDED A. Furnish and install aluminum railincfs and co_npoin-en .s. 1.02 RELATED WORD: A. Section. 03300 - Concrete 1 .00 STRUCTURAT REQUIREMENTS A. Railing assemrly, wall ra-'I_s, and attachments to resit I ateral forge of 250 Ibs. at any point without dam -ache or permanent set. 1.04 SHOP DR WINTGS AND PRODUCT DATA A. Submit Shop Drawings and Product Data in accordance with Section 01300. B. Indicate component details, materials, finishes, connection and joining methods, and the relationship to adjoining work, C. Submit manufacturer's instructions for installation and connecting methods in accordance with Section 01300. 1.0`, QUALITY ASSURANCE A. Components and installation are to be in compliance with state: and local cLde authorities. B. Components ancf. installation are to follow nat i onal and state ADA guidelines. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURER Railing and -components shall be as manufactured by Julius plum & Co. , Inc. , of Carlstadt, Tie;,. Jersey, for its Conne..torail System. . bs" ,t_ons. In accordance w, th Section 01600. 2 • 02 MATEP`ALS FIND FLNISHES . Extruded Pipe: Aluminum allov 6063-T52 meeting ASTEv. B 221 B. Drawn Aluminum allov 6063-TR.32 meeting ASTM B 483. r.P].rift:r_c�_i_^ ram s hlumtnum aI__ov 6,s6T6 -m..erASTM, B - n G Z. -1 L: J C) 1, FC al P)It'j r 9"l W ,44 "31 '-A I'd f4 sit C TO to') $il CD q + + ­1 CII Ul �A 4-1 ili 4J 1� 0 0 -I CD C4 44 ^i o'- (d fil t1l ­4 q) (Its R; ;.�l fj-, H (o CS li (C. ki- I 1 f') tso (i) ID '01 C) Q) C, Ul fit:; jjj 1:4 -I 4j 'j.) 4-Jo (d di 4- ­4 ji� � W., 14 'To 'cl 4 .71 4 U'l -I <9 1.1-4 1 -1 'N-1 (1) Oki 4A CEO Tj 4-j (Z aj -P fkI -'A 0 0 ill Pq 4J A i4 iD L) (h (-.'i .1. -If �_j wi '15 i -I -1 0 C."fi jx� j ­i vA to! i.?i +J il" -P 4i i 60 it! ml 0 ;'j 1m; 0 "0 —.1 T.) 4-1 il U. U.,{ C.) !..) I 0 a) ­1 :d zj, :3 _Ij 4 1.) ".) .1-, .1-) -r'"j ­1 (1) Q U). 4.) Cc:., f(j ZJ T-4 ',> 4J th , _4 r.i k7J s--I cc, 0) 0 U) (1) q) +�, 0 �7' L14 (1) C) 00, y. 4­J '01 C -14 IV U1 4 4 , ., -1 ,..-1 1-S 0 01 0 ?j —i to Ni '04 -P 'Ti 10 13 -1 .�; ,'-4 (1) Rs U 04 ::, :`:, 101) to (0 t (I .14 0 (D W (1) ro 39 :•-t G 0 (d U-1 (P Ti) W ty! 11! ­4 7: to "u, (I 1 04 i L! 01 0 C) 0; 1-i Cc:: d) Q) %vD -A 1ft (1! -I 6',k .1. i 04 IS to Q M i T3 3 to A 4 J 0 r! 2 a 0. 0 03 PI 0 I Er" ­4 71 J) A al ITI , , ik� �-! • —I W r"") �4 C", U., 4­1 x: t':1) ti) r! A W 13, 0 Cr7 F4 4..." Q �:,, 1-14 4-3 kv ILI fO 1­1 P I ��.I 'O 4-) CD ii�. cl� is ivy C".. 0! to Al cn ul al C) C,'i (ki I'. ) Vw j4q:j�jj QED &jjw Fj:§1 CAZj F77 SECTTI � 131')5 7 AL•UIHENUM SEATING C3 Fu: 1" 5 R r_ r Furni- sh and it -stall a_u <<_.nur; seating an: components. REL,=.TE?' jt0rF, A. Section OS,a00 - Concrete 1-03 REFERENCES �_ 3 �. _ c t = on _-r _ oi_ Steel Bolts and Studs; � 6'v , 00",0 psi 'ensile _ . 04 SHOP DRAWINGS r>I�'D Pr,.oI)L�CT DATA A. Submit Shop Drawings and Product Data in accordance ,with Section 0-1300. E. Ind Cate corr_ponemt details, mater i als, fini sties, connect _on an joi ii rig methods, s, and the elationsh to adjoining :work. C. Sub_r:it F,,?anufactu--.-er t s 'instructions for ins tal_ation and _.05 NkLILTY ASSURANCE A. Components and -nstallation are to be in compliance with state ai;d l oca. s code a -A hor- t-es . E. Cora• oon.e-,.ts a;zd ir.stal1at-�-on are to follow national and state AD;=, gui deI.i.nes , rri?T 2 P,..v�r;,,UTn�._TS :��. L . .1> Avl•wF✓rA.Bi•u !'!11 YUFACTL;RER A . Seain_ arc? c,m P .}nenT s shall }::e as manu.f aCt'a=ed by Ref ah_e nc. , of Geneva, Aiar�arra• 7 r_ Jr (.,_i-1.:1 i,.. .'. =.-s �.n a cr�r dam. rice w�.tcl tie--t ion 01600 F.-,' In . • _ I ea.._ anod _z .d f i :' 7_Sh steal 1 be A-M10-CL 2- 1� _ B•. Exack.ets. Aliir-tinilrit al,.ey 6061-T6 greeting ASTI B 2'21. C . Seat Planks, Backrests, Stanchions and Clovers, Aluminum alloy 61- T 6 imee ting ASTM B 221. End A_ mjar< alto 6 63-� r_ meeting E 2211 F.. Form Fitter. En,fc Capsy. Alum_i..lu,m alloy i024. "Jvhj Lj v1i Ass; emb, y-, 4-�,,-ay C<d�j�Ju�able, .7 jr •i 611 ?i 1'. /4" A. i eri: ti dimensions on site prior to shop fabrication. B, C`ut m?terial squat& and remove burrs from all exposed edges no cl.I.am.f er.. . M a.+ie Piiroed Z o.. iZ% '-.7.�! �and -'lush, D. C-lose e�.pose0 ends of seat and, backrest with appropriate and =.p PART 3 EX ECUM 7 OIL; 3 : G 2. PREPARATIO A.. Verify site conditions are acceptable. 3,02 iNSTAL.LATIOIv A. install in accordance with sop drawings and manufacturer's Ins -ructions . B. Erect work square and level, free from distortion or defects d trim.ental to appearance or performance. C. Anchor _ailinos to structure as detailed. 03 CL EANING A. As _nstallat-i`n is completed, wash thoroughly .:.sing clean ater &nd soap; rinse with clean �--,ater. B _Ic, not _is G.c- d Solution, steel wool, or ether hars abras i,,i es . ? . 04 REuA.TF CGF :DEFECTIVE?JT v'_r', A. r6ritC"v' st.=iIIIIeCL or 0thEr@:-ise 6e ective work and re -,'ace wi.tIi llta t::r ial t'.:.at mests spy c_. f l cat=on requirements. - N C.) K `` F`T? 17 1 `i ITT