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HomeMy WebLinkAboutResolution - 5193 - Contract - Beckley Cardy Inc - Furniture & Furnishings, EBGB Library - 05_23_1996RESOLUTION NO. 5193 May 23, 1996 Item #25 - 41 RI]no) eI 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 with Beckley Cardy, Inc.of Lufkin, Texas, to furnish and install all materials and services as bid for the furniture and furnishings for the Northwest Branch Library (Esther Burney Groves Branch Library), attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd ATTEST: P', , (:,�, Betty W. lohnson,(City Secretary APPROVED AS TO CONTENT: Victor Kilman, Pdrchasing Manager APPROVED AS TO FORM: —W., - Attorney DGV js/GROVES.RES ccdocs/May 14, 1996 RESOLUTION NO. 5193 May 23, 199 f r r CITY OF LUBBOCK INVITATION TO BID FOR TITLE: NORTHWEST BRANCH LIBRARY — WOOD FURNITURE AND FURNISHINGS ADDRESS: LUBBOCK, TEXAS BID NUMBER 13546 PROJECT NUMBER 9932.9222 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND S. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS 11. SPECIAL CONDITION r 1— NOTICETO BIDDERS ? '3 NOTICE TO BIDDERS BID #13546 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the r" Purchasing Manager, Municipal Building, 1625 13th Street.; Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the j 18th day of Anril,1996, 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: F "NORTHWEST BRANCH LIBRARY - WOOD FURNITURE AND FURNISHINGS" 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 insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 9th day of May,1996, 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 10010 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 1001/6 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 su rior as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. 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 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre -bid conference on 10th day of Aaril,1996, at 10:00 o'clock a.m., in the Purchasing Conference Room L-04, Lubbock, Texas Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. 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) 767-2281 at least 48 hours in advance of the meeting. Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164. r i GENERAL INSTRUMONS TO BIDDERS L r I r w: 17 GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the NORTHWEST BRANCH LIBRARY - WOOD FURNITURE AND FURNISHINGS. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806)767-2164 5. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 30 (THIRTY) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 7. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by t I the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 8. 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. 9. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 10. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during j construction. Plans and specifications for use during construction will only be fiunished directly to the Contractor. The i Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines f— and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities I r d 7 aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, r at Contractor's expense. 14. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and P"' 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, exile respo ty des, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. t` In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for r a all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall r- further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 16. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 17. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General ,., Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the r— Contractor to the effect that no work on this particular project shall be subcontracted. F V 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the 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 r r applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. rK (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. r 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 i construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day ` of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. r" 20. PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or r— decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 21. PREPARATION FOR BID The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, �,.,. association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside !� of the envelope in the following manner. r" (a) Bidder's name (b) Bid for (description of the project). r # Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 22. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with -the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. F 7 L-L: L--' ILL-' L--- L�-.- t-�� I�I r BID SUBMITTAL LUMP SUM BID CONTRACT r PLACE: Amarillo, TX F DATE: 4/18/96 PROJECT NUMBER: 135" - NORTHWEST BRANCH LIBRARY - WOOD FURNITURE AA'D FURNISHINGS r Bid of BECKLEY-LARDY . INC. (hereinafter called Bidder) 7 To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) r Gentlemen: i Library furnishings and installation. The Bidder, in compliance with your invitation for bids for the construction of a r baying carefully examined the plans, specifications, instructions to bidders, notice to bidders and ali other related aonr r= documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction iu' iuC r"intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project m accordance with the plans, specifications and contract documents, within the time set forth therein and aj the price stated below. The price to cover all expenses incurred in performing the work required under the oontract documents. .MATERIALS: ��►iryj'Niro� �l-�o.a�vJFivpl�v,v.�rrf Niy,r�6e�• $ ��Lr�6 4�i y 3 �/, SJ9.od seeeti /�k..vcir err k%� -7 iO, po -SERVICES: %1 S �/� (S ?=3 :9� 11414 ) 'DIAL BID: �2,939 r9fl �;J�✓Jif ) 1 (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder kn;luy agrees to commence the work on the above project on or before a date to be specified in a written "Notice to 7t,FTocced' of the Owner and to fully complete the project within 30 (THIIt't'Y) consecutive calendar days thereafter as stipulated in he sk=fications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $200.00 (TWO HUNDRED DOLLARS, fof each consecutive calendar day in excess of the time set forth hereinabove for r-oompletion of this project, a;i as more Uly set froth in the general coLklitivna of Cue contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction r,number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. r` 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. 04/15/96 y 00:58 FAa 606 353 0345 BECKM LARDY �JOil2 The undersigned ]Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, gxcifi cations and contract documents pertaining to the work covered by this bid, and be fnrtb a agrees to commence work an or before the date gx=ifrc d in the written notice to proceed, and to substantially complete the work on which he has bid; as provided In the contract documents. Bidders ate required, whether or not a payment or performance bond is rcgwred, to submit a cashiers check or certified check Issued by a bank satisfactory to the City of Lubbock, or a bid bond from a rdisbie surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five pezuent (5%) of the total amount of the bid submitted as a guarantee that bidder will cutter into a contract and execute an necessatp bonds (if required) within 10 days after notice of award of the contract to him. �. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars (� ) or a Bid Bond is the sum of 5 q��;, �f � h e _ t o t a 1 b i d Dolians (S 5„g� ). which it is i weed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned f d1s to execute the accessary contact documents and the rcqulaed bond (if any) with the Owner within ten (10) days r after tale data of receipt ofwritten notification of acatptance of said bid; otherwise said check or bond shalt be fined to the undmsigned upon demand. k Bidder understands and agrees that the contract to be cxceuted by Bidder aball be bound and include all eonrtaet document made available to him for his inspection in accordance with the Notice to Bidders_ k Authorized S- S .riock (Printed or Typed Name) LEY CARD,Y,_ INC. 1rin PARAGON PAR-KWA-Y Address MANSFIELD _R=l.Ir.ANn City, County nxt0 .-644n9 State Zip Cade Telephone_ 419 -�5 8 9 - :13 0 0 Fax Number. d 1 q 5 8-9 1 _3 0 4 if Bid der ddcx is a Corporation) l ATT�f: S6iMt9iY Ed G e s r LIST OF SUBCONTRACTORS Tesco Industries Community Minority Owned Yes No ❑ a-- ❑ gi-- ❑ ❑ 0 0 ❑ 0 ❑ ❑ ' 0 0 0 0 ❑ 0 ❑ ❑ �* OLD REPWLIC IIII*I* * * * Insurance Company 1 233 BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we BECKLEY-CARDY, INC. 100 PARAGON PARKWAY, DEPT F+E MANSFIELIT, OH 44903 k as Principal, hereinafter called the Principal, and Old Republic Insurance Company City of Lubbock as Surety, hereinafter called the Surety, are held and firmly bound unto 1625 1 3 t h Street Lubbock, Tx. 79401 as Obligee, hereinafter called the Obligee, in the sum of 5% of the total bid Dollars ($ 5 % of total ), 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 17 Library Equipment and Furniture 6 .1 Due : 4-18-96 1-9 2:00 P.M. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall ,be null and void, otherwise to remain in full force and effect. Signed and sealed this 9 day of April 19 96 trtw l (Witness) 4� k �RSC 11071 (7-93) (Principal) (Seat) By:'Q� EDWIN . GYENES (Title) VICE PRESIDENT OLD REPUBLIC INSURANCE COMPANY vib/ t ( rety) (Seal! (Witness) By: 2CL/ CiZ� Edwina Ste fans ki�ttorne n-Fact No Text NON -COLLUSION AFFIDAVIT Contract/Bid No. State of () H T n :s.s County Of RTCut amn I state that I am YICF RprsjnPMT ny aAT.FC Of AFrKT.ry raRnY, Tr [Title] [Name of my firm] and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid. I state that: (1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder. (2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening. (3) No attempt has been made or will be made to induce any firm l person to refrain from bidding on this contract, or to intentionally high or noncompetitive bid or other form of complementary bid. (4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid. (5) .�3VI-ET.rX r.3yRny ,;ur _ , its affiliates, [Name of my firm] subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows: F, I state that AFrKT.F.Y raRnY,Tuc_ understands and [Name of my firm] acknowledges that the above representations are material and important, and will be relied on by CITY OF LUBBOCK in awarding (Name of public entity) rr r S the contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from CITY OF LUBBOCK (Name of public entity] submission of bids for this contract. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF Rae; L , 19 (Name &V Company Position] Ed Gyenes Vice President of Sales My Commission Expires %/9> BECKLEY-CARRY, INC. ACTION BY WRITTEN CONSENT OF THE SOLP DIRECT$ a The undersigned, being the sole director of Beckley-Cardy, Inc. acting pursuant to the provisions of Section 4.1 of the By -Laws, does hereby consent that the following persons are authorized to act as agents of the corporation to sign bids/contracts requiring official signatures: All officers of Beckley-Cardy, Inc. are authorized to sign bids/contracts up to $500,000. Any bids/contracts in excess of $500,000 require the signature of two officers, one of which must be either the Chief Executive Officer, Chief Operating Officer or Senior Vice President Marketing and Sales. Additionally, the following principals may sign bids/contracts with values up to $100,000 for their respective divisions as listed below: Frey Scienti, fic: Principal - David S. Gribben Brodhead-GarrettlApplied Academics: Principal - Peter J Cavi Opportunities for Learning: Principal - Andrew I. Love Pyramid Art/Elementary Specialties: Principal - Marc Miller ` Principal - Brad A. Snoke C These individuals are hereby authorized to sign bid/contracts of u to 250 000 for the Beckle -Card h Y � P $ � Y Y division: Beckley-Cardy: Principal - Marc Miller Principal - D. Craig Garfield e Principal - Paul Estep Principal - Andrew I. Love '" Principal - Edwin L Stiffier k : Principal - Doris L Gyenes Principal - William K- Norman Principal - Eric Nordstrom Principal - Regional Sales Managers rDATE: BECKLEY-CARRY, INC. & SOLE DIRECTOR LIST OF OFFICERS AND DIRECTORS r 4 r OFFICERS: President/Chief Executive Officer .................... James D. Miller Senior V.P., COO, Secretary, Assistant Treasurer ....... Kevin E. Kasmar Senior Vice President, Assistant Secretary ............. Michael L. Spurlock Vice President, CFO, Treasurer ...................... Arland E. Hirman Vice President, Assistant Secretary ................... Edwin L. Gyenes Vice President ................................... David E. McKeon VicePresident ................................... John F. Harkness Vice President ................................... R. James Hatfield AssistantSecretary ................................ Mara L. Babin AssistantTreasurer ................................ Douglas J. Dever SOLE DIRECTOR: James D. Miller * NOTATES AMMONS u I i F. r- 1 PAYMENT BOND BOND CHECK BEST RATING LICAT I TE)(AS DATH�� Bond No. JCN 1138225 STATUTORY PAYMENT BOND PU RWANT TO SECTION' 2253-021(a) OF THE TEXAS G0V Ct3D8 ,.. (CONTRACTS bME THM M5,000) j=W ALL DEN BY THESE PRESF. M, tbat BECKLEY CARRY, INC. caned tiie pal(s). as Paaapal(s), and rOLD REPUBLIC INSURANCE COMPANY aoxcinaftcr cdited tbt SurttM as So (s). are hctd afd IItmly. bound unto the City ofLutbbockc ftrduaQer caGW the Obligee), is tbeuxzatof Forty thousand,two hundreds xt '440.Z�69 0))11VM Macyofthe United Statesfor the paymentwhtxe. the said Principal sad SumW bind tlumsaivA and their beira, m inistratom. ==uwrs, &=== sad assigns, joindy and shy, dimly by these VAMEAS. the Principal has catered into a cert2in written conawt with the C*HM dated the 1„ 8 th .day of • April19 96 , to r SUPPLY LIBRARY EQUIPMENT PER Bid #13548 aad said Prindpai under the law is toquired before commencing the wodc prwidcd for is said contz= to acaaite a bond is the am�mt of said contract which cantract is b=by refarad to and made a part heraof as fiddly and, to the same ca= as if c3pied at - length ber�cin. . NOW, THEREFORE, MW COI moN of THIS OBUrjAMN LS SUCH, tbat if the said Ptinapai sban pay an --` dai== supplying labor and =ocdat to bim ar a wbrA =ctor ill the proseadoa Cf aW W* provided for is said then. Us obiipdou sUH be void; cthmise to vain is fun fx= and cff=t PROVIDED. HOWEVER, that this bond is exerted pursuant to the provisions of Section 22S3.021(a) of the Texas Govu=eat Code, and as babied an this bond shalt be dewrmined in ammknm with the pravid= of aid 1_ �stiote to tie acme . extent as if it were copied at k:Wh herein. W WMZSS WHEJEOF, the said Paaapal (s) and Surety (s) have signed and sealed this instiva w this 66 th day of June 19 96. OLD REPUBLIC INSURANCE COMPANY (Title) Edwina Stefanski Attorney -in -Fact BECKLEY CARDY, INC. Br V�y Hexson r s i .V 1(�l� Jar✓, CrW) Michael purlock e r dent (TWO Edwin Gyenes Secretary 7 r The undarsipad emtib► mmp my repo thst it is duly q=TMod to do business is Texas. and hereby dadanum Mills . Roberts & A%l*= iu TA*b*& County to vb= any ra;Wxim tlOtnCtS =y be deUvered and OIL whom am!= OfFromm away be had in Mttsrs arising out Ofauch sut+cq%WI . OLD REPUBLIC INSURANCE COMPANY . • gar ��%�i�i� •L L�G �L-�L crffici Edwina,/Stefariski r.,� Approved as m fo= Attorney- in LFact City Cf T4*0Gk • Note: If signed by in a fictr of the Surety Company these must be on file a cadfied egad tzma the by -lases showing that this p== has mal=ity to sign rich obligatiou. If sigmd by an AMors y in Fact, we must have cafe of powwer of aUm ay for oar Sm .4 t vm; Z t7 -'A, 71 44- v z j4 'fi- M 5 Z­ qcnnpanyl- r- NN � wm .7 JDFATTOR v, t. "POWER N N Ul. V� ? _�7 — S. C� J� 09 Z�Ne. PR 4NSLJFU T, -4w - , " , 1, —tie^ - I - PRES PUBLIG adowi-Amm 0, ,:eta Yr g lit r W-0--M !1.64 cm A vtV 7 "IM, ys- AR -T N lip X", Y- 'EM I-1-w Nj MARS 7: V 0 X, T_- ord _--volth' U --a d:- its-ArWA4 ct � n for antieatf of the 'conti dt] UIV :affix tits ea-pa- .-Ifto-bompa V% 'q1nW-_; n rdzanqqs� - 46tim- k-ft --tto I n �Jhereto . 4jj r1w i rk_ rils pr a c4a -,,or q _g ga- w tryfatsd 4 Am tf lit C-Norkers, i i. V00 s J., "I 4M N --gazat 0 c Ais-1 u 9 w6st e -4wwaq- 03C v c Q rlyl. .4i W, A AN— 'ate ID - EIME o. --Wit -6T - ALU Ott wfrt L 0 00 000)= bb t wand to alo w�:_._v.mxA&wRk1q by, Aq. papreseps FmtliQ 1 Duki-%, wham�nt S h made 11 Vn__ 0 Od"71this-,4�06tmenris Ps. :P1 t 86 U, X t�&- t ov 9 Imad"and seated lt , --i N, C. b ;bUd rC Y. 511.11je _Uqr��M_Z Uont d ­5jr ­5 Wil -IMM 15� C 46, h -persorl -awr r --atd6ti txtorkinr"ih die Y. 804 Oct a such oi#rcets;he Company deem - WF; 10 NO tdgm such i6#04.6f 1. - - ­ _. - Amb idfi&iAh It =,- a, r - rid a a on 401W Ki 'Mr p E og; _g zahcdq 01- -A... M1 Ww Otj . L A on X.- 77 R12-ii-, M A q ­0 ev- q aiici h I i ]b ­_IrMOU LS 'Saw -ids' AT) -5 k w an _>;ucCr-__Do rnff.g 0 notr cc orl Of . l A tF -a Am On 1.136-2 ority ­; - paintid-Ir 1p Mp 0M I Aigno p jeq Jetmayy_ . . . . . . A if _.,a:_.umoqty Ong R py,q, --me sureryship-,-6 ---::DAjo F�, thatahy b&d, umdert" A lzb LVI ;kin recognizance, -obligation snail be v I rly g;. -any. -pre§i din Ottet)v_Ajms16ft, ar- del vice dent of tp % -­4� -;;(7be -10 qured) -b-' aay_�secretar Abcretary,, or _y w4le-, abth6rizedAff6rri-e'YA'n-t�Lc-t-and-seated-4ith1h a - - h g; 4A, L VS, a r Hated Hatciany ftlii tUW-.' officer M ma ­JAR_kkft��_ 9 _ ---- - i� the- c -,Im rot -jum dme)tv.­cei1ff re authorizing n -pwe 13 �e. executiW w jr��. .0.0 rice-C Mpi iough,rMn -such #u -rdi a- whe n Y ftplkm-,ortnC� iw nscy. 3, V, f y, ji -z'Vi F JGDS ETCOM 7 AOINESSAW _0 __,bL UMM EPUBL N 7Z 2-, NY T 4 A&V v, -15 1p - . M. - U81 MIM A. r7:1- URANCE71 FZ4� lauftS Jusuft%, F !;�4 . �4-} —, Z t7 g . I -- �f - " iv SE& tz� v4q_­ %A tr Won- w io' Ne-, iEZ- 7:r :!A;-,STATE,0E-wtSC0N Vu V! _T9 tLz��; onmry ­Uf us i 4�_ - t� 0a aay4� I �T, BF-PUSt exec. 4116 kh- !m �d tt -4 OA wl" t, u I kowe 0450%w A -thatthei, e . - Vp a an&ffiat Sal ff st hilik Mwe xmb the a bonds, • ai� ---of the bwa V 4 I _A VA KAU ,0tj.57 W_ I -4 W AT t OV �t7M q Mz� A �A ;g M A mg ............. As FIT:31 ORSC 11006-R-(X-94)­ mI U L--- t_.: L tom: L— L-- t-- L— t ,— L— t__y tom. L-' t t_— t--j L___y t--, L- r r STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $ 100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of , 19___, to and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and scaled this instrument this _ day of ,19 Surety Principal * By: By: (Title) (Title) By: (Title) By: (Title) F F Ile undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: (Title) Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. CERTIFICATE OF INSURANCE `'�. •}ti 'S�"• :y}} N •'.�,:: }}J.•• •rf.•.0::. y - fii. • . iYi'r •; ' r}�Q:?; AMMIL J,.y..:..j�:F;..:, r :.•,•. }.,.,•. : rr -: q:.:{. n::.'�:..:{;}:�+%r �..tf�1.•'i.•.•..l�iiJt�:}:}��!•:��,�-.•:•Fn :L :•-0Op00pW00000006.`Ai��-0SO�Gnrn9WWWL'nYnn''NY.vNN•LLv'iP-r�iiGC'�`Y,iiml�vin\�hbG�.'�Po�.rtv3G` AY-0hi:it�V'.1�"A'r+�'L FRUMUCK1. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ao n Risk Services ,1 nc . of Ohio HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 1100 Superior Ave., Suite 1400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cleveland, OH 44114 COMPANIES AFFORDING COVERAGE COMPANY 216— 2 — 000 A The Hartford Insurance Comoon COMPANY BECKLEY—LARDY, INC. B INSURANCE CO. OF THE STATE COMPANY 100 Paragon Pkrry Mansfield, OH 44903 C National UnionCc COMPANY d %-y .. v4 ; : ,/��a����//��+r��� /�r}��..ss r.,y{.}r Fs�•/n. ;w +r.{?y,.•; ....ry{y� . ...+..'-`:: •v. 3},''^,",,�"},, e :,::C''$3:c;5 ? .; {} w. y . .,�':' y?2%5.2'NiC:• `}S w�C.., .aaweaoo�'..wam•�.:'•avrx�.tizadcJ.la6d'�• -+}.wa}:'i-••uo�aasaoa�:,a;:�a'.ax7rrxswwo-Rbaoohuac�iaa.;X.u{ 3oc:.o:;a• ' w«J:.,.;:a'fa aw.ww,r:� THIS IS TO CERTIFY THAT THE POLICIES OFINSURANCE LISTED BELOWHAVE BEENISSUED TO THENSLIRED NAMEDABOVEFOR THE POLICY PERIOD MCA TED. NOT W ITHST ANDNGANYREOUIREMENT.TERMORCONDITIONOF ANYCONTRACT OROTHERDOCUMENT WITHRESPECT TO WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERT AK THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREN tS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS. OO LTa TYPE OF POLICY POLTDY EFFECTIVE DATE (MWDDIYY) POLIDY e�ItRAT DATE (MWDDIYY) UMARa GENRRALUABLIrY (ENERAL AODREOATE I 2000000 PRODUCTS-COMP/OP AM I 2000000 A X COMMEFOAL(3ENERALLIABrLITY 45UEN CN7505 4101196 4/01/97 CLAIMS MAdE© OCCUR PERsotu•L L ADV INJURY I 1000000 EACH OCCURRENCE I 1000000 OWNERS L CONTRACTORS PROT FIRE DAMIAW (Any aria Ire) t 300000 MED EXP (Any am person) I 10000 MHOMOBLE UABLRY COMBINED SINGLE LIMIT I A X ANY AUTO 45UEN CN7505 4/01/96 4/01/97 1000000 BODILY IN,A.RY (Pr P 1) = ALL OWNED AUTOS SCJ-EDULED AUTOS FIRED AUTOS NON -OWNED AUTOS BODILY INL!<RY (Pr —idw t) = PROPERTY DAMAX _ eARAOE UADLITY AUTO MY - EA ACCIDENT : ANY AUTO OTFER THAN AUTO ONLY: •i•• EACH ACCIDENT A0 3REOATE i I E(CZUUABLffV EACH OCCURRENCE i 000000 AGGREGATE I 00000 C UMBRELLA FCAM 6 04 01 ES 5 4/01/96 4/01/97 i O%ER TWIN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIApTS IiE;eiiE iel: B EM PLOVO UABLRY THE PROPRIETOR/RMWC PARTNERSIEXECUTIVE INCL REXCL 211-87-00 TX 4/01/90 4/01/97 EACH ACCIDENT _1000000 DISEASE; •POLICY LIMIT i 000000 DISEASE - EACH EMPLOYEE I 1000000 OFFICERS ARE: OTHER 4RIPTM Of OMATWWLOQATWW6fi0LESISI5ECIAL ITEMS City of Lubbock as Additional Insured as respects Supply of Library Equipment Bid *13548. Waiver of Subrogation provided as contractually requested for General Liabilit and Umb ella coverage y:::.}ii:-y}}i%•rAuto ' . - - i :y yr .......:....:•r ti-}iyyii . . p : y:v'.; .ti "• .} { '{Y yy iiyyXt:: ':: .. �`-. .. ..,. ....... r. Jr {:.:yr. ............. ...........::.+`Hn, . ...... il•.............i!...... .... .. }..... ..:....... %ern. {�:i .. ..�.n............ � t ...,.......... % . .) •. �� :� c -. �. .: k:;;:s:S:::£:%2't i':S"+y :{iy {., v.:.4, •. .,ai.Y ..v ... iy'f. + {:•.4:?:i ' •:. � {.i:=::i:_ ii.: v.v::....?: • v:' iv.:.:'::: y'J:}:: - ....... .. � ...:. %.. \.............::9:{.. -ice:{i::'{P 34rv}rv:::::.v::: F.{{ •. Fv. SHOULD ANY OF THE ABOVE DESCRtt M POLICIES OE CANCELLED WORK THE EXPIRATION DATE THEMOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAL City of Lubbock 30 GAYS MR MM NOTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT. P.O. Box 2000 OUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABL" Lubbock, TX 79457 of ANY KIND UPON THE COMP Y. Mrs AQWFS OR REPRESENTATIVES. TATIW 201014000 ..tCr/ . .. v. ••;� :• MY{!rr'^:iiK.:n r:nv{.,:;x,.}}vq!;wivr{h:rnv.}.w{pw•yy:M};+:!;�{.};{m:MS..}r..:vr{$?+!OW..:}}}:+M,.;:?:,+.�r.G}}:Mrii+,};CSW,:^:%^::5; •:.fin::..:.�:$:':?��}�{•i;: }:• :.:v :•;;; .:•::....:...:.::....::::::::.:...:., •. ?•:Ly .::: v::::: n::::-x..:.::..v:: • :..: ri }}i::: }:ILL•}}}:::.v:.. •:; •; . • :;•::.:.::•}i::?-}-.; J:?•:{'?{.:{::L>.�:w::::: �:. /.{�: .: � .�� .y. ...:. {:......... ..................: . �.............�. ...,,itiil„..:}:.:...........r::�.:,::v>:::,v:::•>:::::::::::::::::::>y:•::c::::•x•>::::::i:•:.v::.vx?.yii~:•..............................,........................................... x`Y}cr.•y:t A}Y.C;:• .?P..:.:.: .�;$•:.... y err: yyi �:::4iii:�$i;:�}ii:••::>.•'i'::i•Y+:i?�LL�iy:S•`.y: i}}i:•:?tS ii 4:•r •,i:. #} .k .. .1'�.1ilr.�.(�::�i�'y.(� ... �./� .�.. �iR•...�:?/... �lr.'.....li!h�:.�.. a}i!:s: l 7 `. 76 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Agent (Signature) Agent (Print) Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone #: ( Date: CONTRACTOR'S NAME: (Print or Type ) CONTRACTOR'S ADDRESS: NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806)767-2165. BID #13546 - NORTHWEST BRANCH LIBRARY - WOOD FURNITURE AND FURNISHINGS ft CONTRACTOR CHECKLIST A CONTRACTOR SHALL: r (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; r (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide overage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE rM "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers'. compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 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 showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. ❑ F No Text 7- i t r F F F 11 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 9th day of May,1996,. by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R Langston, Mayor, &=into authorized to do so, hereinafter referred to as OWNER, and BECKLEY CARRY. INC.. of the City of Mansfield. County of Richland, and the State of Ohiohereinafter termed CONTRACTOR WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # 13546 - NORTHWEST BRANCH LIBRARY ROOD FURNITURE AND FURNISHINGS - $40,269.00 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 VIMMOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: Corporate Secretary CONTRACTOR BECKLEY CARDY, INC. By: PPJNTED NAME: T/II/r.�,�g c�. k Q0 A e c_ Y COMPLETE ADDRESS: Beckley Cardy, Inc. 100 Paragon Parkway Mansfield, OH 44905 17 F GENERAL CONDITIONS OF THE AGREEMENT 7 ,I F GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Parry of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: BECKLEY CARRY, INC.. who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and JEFF RIPPEL, LIBRARY DIRECTOR who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescn'bed," 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. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. ft WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has" been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's .layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents., Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. rt 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specifizd, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all uses, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on the contract, and to any rights of the Contractor to receive any money under this contract. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials famished 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 r•. 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 arty subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall k on the lift' Pe P P ceP work, during its progress, a competent superintendent and arty necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations l" 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 home by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of 1 the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, �. and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of t the terms or obligations herein contained. T 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to famish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. r 1 Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. ' DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformitywith plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15016) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together 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 Owners Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 1001/o, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 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) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurancewith limits of $250.000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury rB. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. 1 For bodily injuries, including accidental death and or property damage, $250.000 Combined Single Limit. This policy shall be submitted prior to contract execution. F C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $250,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of Oa/a of the total contract price (100a/a of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0_00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. a 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 C (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. b 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 presmdbed 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, r 7 I (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 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 showwn in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: I (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, (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION 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 indudes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee- " "Call the Texas Workers' Compensation Conunission at 512/440-3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage-" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; C (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the overage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (ID, with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY. EQUIPMENT AND SUPPLIES - The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge arty such indebtedness. Any and all communications between any party under this paragraph must be in writing. F 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner, provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fidfilhnent of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TRAE FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. if the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding l" of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of S200.00 (TWO HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is 7 agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is finther agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. THE AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF TIME The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then consider such written request and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such worl,whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be r a r furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials fiunished on the r project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the ,. existence or character of the work 40. PRICE FOR WORK r " In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. a 41. PAYMENT'S No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate ,.., showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. r 42. PARTIAL PAYMENTS r` On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less S% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by �•• Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TEVM OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative a and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR In rase the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra �^^ Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: r" (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said I, 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 r• Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under P 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 r been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to . the Owner, or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to .. the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the rase may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to l complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the F u Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. . 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached bid, 'the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 1001/6 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 1001/6 of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and bome by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative r' hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Ownees Representative or to the Contractor's own employees or to any other �► person, firm, or corporation. SS. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may f ' remove the debris and charge the cost to the Contractor. F r 6 CURRENT WAGE DETERMINATIONS IN Resolution No. 5121 March 14, 1996 Item #19 RESOLUTION WHEREAS, the City Council has heretofore established the general prevailing rate of i � per diem wages for each craft or type of workmen or mechanics needed to execute public I works contracts for the City of Lubbock in accordance with the provisions of Vernon's i Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February i 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8, 1987; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ,i THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: ;i Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem j wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. F Passed by the City Council this 14th ATTEST: &d-, Lai Cl&-- Betty M. Anson, City Secretary APPROVED AS TO CONTENT: 17"0;4w IaAa-,�e_ - - — Mary AndrYws, Managing Director of Human Resources APPROVED AS TO FORM: a old Willard, Assistant City Attorney HW:da/ccdocs/pubworks.res February 14. 1996 7 1 *3 City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 10.00 Air Conditioner Installer 11.00 Air Conditioner Installer -Helper 5.50 Asbestos Worker 8.00 Asbestos Supervisor 11.00 Bricklayer 11.00 Bricklayer -Helper 6.00 Carpenter 11.00 Carpenter -Helper 6.00 Cement Finisher 7.50 Drywall Hanger 10.00 Electrician 13.00 Electrician -Helper 6.00 Equipment Operator -Heavy 8.50 Equipment Operator -Light 7.50 Floor Installer 8.50 Glazier 8.00 Insulator-Piping/Boiler 9.00 Insulator -Helper 5.50 Iron Worker 8.00 Laborer -General 5.50 Mortar Mixer 5.50 Painter 9.50 Plumber 10.50 Plumber -Helper 6.00 Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder -Certified 10.00 .7 F EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 Flagger 5.50 Form Setter 6.50 Form Setter -Helper 5.50 Laborer -General 5.50 Laborer -Utility 6.25 Mechanic 7.25 Mechanic -Helper 5.50 Power Equipment Operators Asphalt Paving Machine 7.00 Bulldozer 7.00 Concrete Paving Machine 7.00 Front End Loader 6.50 Heavy Equipment Operator 7.00 Light Equipment Operator 6.50 Motor Grader Operator 8.50 Roller 6.00 Simper 6.50 Tractor 6.50 Truck Driver -Light 6.00 Truck Driver -Heavy 6.50 1 ,q:11: m Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXIIEBIT D Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. Ir" h SPECIFICATIONS F r f -BID SPECIFICATIONS WOOD FURNITURE AND FURNISHINGS LUBBOCK CITY -COUNTY LIBRARY - NORTHWEST BRANCH PART 1-GENERAL 1.01 TECHNICAL LIBRARY FURNITURE 1. BIDS will be based on products from manufacturers regularly engaged in the manufacture and installation of technical library furniture and equipment similar in design and scope. Each bidder must submit a list of ten comparable t sized library furniture installations provided over the last five (5) years. r2. GUARANTEE: The contractor shall guarantee the entire installation against defect in material or workmanship for a minimum of five (5) years, dating from time of acceptance of the work and receipt of final payment. 3. FINISHES AND COLORS: Finishes and colors of all products must be as specified in the contract. 4. MINIMUM ACCEPTABLE STANDARDS: Note: Brand names and identification numbers shown are intended to be "Descriptive" and not "Restrictive". While references and catalog numbers in the specifications may be from LIBRARY BUREAU, Fitchburg, MA 01420, or BRODART CO:, 1609 Memorial Avenue, Williamsport, PA 17705, or WORDEN COMPANY, 199 E. 17th St., Holland, MI 49422, or JASPER CHAIR, Jasper Indiana 47546, or Buckstaff Company, 1127 South Main St., Oshkosh, WI 54901, or any other equal library furnishings manufacturer, they are noted solely for purposes of describing the specifications, to indicate the minimum acceptable standard, the features of which must be complied with in exact standards. Acceptable products offered by any manufacturer shall be guaranteed to meet or exceed the quality, construction design detail, materials and performance features of the items so exampled. 5. SAMPLES: The Owner reserves the right to call for samples of any and all items for comparison to the items specified, before the award of contract. Detailed shop drawings of the items may also be required in making comparison to the specified standards. If called for, drawings and samples shall be furnished within 10 days after written notice. Note: Specific sample request is made for a sample cutaway of the corner of the adult library table, to show the construction, core material, and joinery of the table top and leg. This sample is to be included with the bid submittal, but at a minimum ten (10) days prior to bid opening. 6. ACCESSORIES: Where called for in the specifications and/or schedule, electrical outlets, etc. shall be provided. Grommets, slots, etc. shall be installed where called for. Complete WIRE MANAGERS AND WIRING SYSTEM shall be installed underneath desk tops designed to receive all electrical cords from grommets and directing the wiring properly to the F M1 WIRING SYSTEM ELECTRICAL OUTLETS. All to be custom installed and furnished by the contractor, as specified.. 7. All bids to be entered, as shown, on the BID SUBMITTAL sheet for FURNISHING AND INSTALLING all items as called for in the Schedule. 8. Bid price shall include complete delivery, unpacking, and installation. 9. TIME REQUIREMENTS: All items shall be furnished in accordance with the furnishings schedule and the specified delivery period. Proof of ability to meet time requirements may involve contacts with the referenced installations. The Owner reserves the right to make these contacts. It is not the intent to discriminate against or prevent any manufacturer, distributor or supplier from submitting an "approved equal" product, but sole discretion as to equality thereof, which meets or exceeds all characteristics of the item specified, shall rest with the Owner, in consultation with the City of Lubbock Facilities Manager. 1.02 WOOD TECHNICAL EQUIPMENT A. MATERIALS: A buyer can get some idea of the quality of the item of furniture or equipment by general appearance, but many qualities are hidden, not visible to the eye. These hidden factors depend very much upon: a. Quality of workmanship b. Quality of materials employed These differences in quality of workmanship and materials account for most of the difference in' cost of similar items of equipment manufactured by various firms. For this reason, certain performance requirements and material minimums are established in this specification to provide a definitive means of evaluating the probability of maintenance -free performance. In addition to this, the actual performance of each manufacturer's product over the past years will weigh heavily in such evaluation. The Vendor's list of references is provided for this purpose. Failure to maintain and demonstrate similar standards will result in rejection of lower quality goods. B. WOOD: All wood used in the execution of this contract shall be thoroughly air-dried and kiln=dried at the fabricating point to a:moisture content of not less than S% or more than 8%, at which time it shall be� maintained at this level during the manufacturing process. This drying is a most important phase of furniture manufacture and the manufacturer must be equipped to handle all phases of this work under direct supervision." C. ALL EXPOSED WOOD, either veneer or solid, unless otherwise indicated shall be of Northern Red Oak. All veneers must be sawed or flat sliced and matched for beauty of surface. Solid stocks shall be matched for color and be of the highest grade available. Cores for all tables and large panels shall be of the best grade of solid core stock: All lumber shall be clean, of sound stock, without sap streaks or knots or other defects and all finished work shall be free of mill marks, scratches or other imperfections. 2 6 i` 4 All woods shall conform to the standards for these woods as published in reports of the Forestry Laboratory of the United States Department of Agriculture, and particularly as to the modulus of elasticity, shock -resistance, splitting and hardness. D. OAK WOOD color to be stained to match WILSONART "Wild Cherry", No. 7054-60 (hereafter referred to as WILSONART "Wild Cherry"). Wood finish for all items in this specification shall be guaranteed to meet or exceed the quality and performance tests specified for LIBRARY BUREAU "PERMA- SEAL", baked -on Catalytic -Varnish finish, or equivalent. Provide performance test data. E. GLUING: Water-resistant resin adhesive shall be used throughout and shall be cured with high frequency electronic equipment where possible and feasible. The manufacturers shall attest as to whether or not they have such high frequency equipment in their factory process. All such glue joints shall pass the standard test for delamination as established by the U.S. Bureau of Standards, No. CS 35-49 (this essentially calls for complete submersion of the sample to be tested, at room temperature between 70 and 100 degrees F. for a period of twenty hours with the cycle being repeated after which no noticeable failure shall be apparent) and the manufacturer shall provide indication of successful testing results. F. MECHANICAL FASTENINGS: In order to insure the permanence of mechanical fastenings, other than gluing, it is required that all such major joints shall be of a concealed bolted construction whereby a bolt engages a threaded metal bushing permanently anchored in the wood surfaces rather than using such devices as hanger bolts, wood screws, or lag screws. G. TABLES and carrels shall be of the sizes and styles listed in the Schedule and shown on the drawings. All tables shall be constructed without side r„ aprons, designed to provide maximum clear space under the table tops available for the reader (ADA minimum 27-3/8" vertical clearance floor to underside). All tables shall have tops, standard 1-1/4" thick: with solid oak binders and matching HPL top faces. All in Cherry finish equivalent to WILSONART d^' "Wild Cherry". Tops to include pinned -in steel bushings for connecting bases to table tops. Leg bases shall be of solid oak, with rounding of each corner. A metal bushing shall be inserted into top of legs to permit anchoring a solid die-cast alloy plate to leg top. The plate shall be bored to align with pinned -in table top bushings for the most secure and stable assembly of bases to tops. The table tops shall be bound on all edges with solid oak external binders, `framing' the table top. All leg bases shall be equipped with a rust -proof r" nickel plated adjustable glide, with adjustment of 1" minimum. All table tops shall be of suitable solid cores, (Multi -ply or solid as designed specifically to span the sizes specified without sagging, checking, or warping, etc.). Corners of rectangular table tops shall be rounded. External oak binders shall be square with exposed edges slightly rounded to prevent splitting and denting in use. F F I. CARRELS and other furniture items shall be of same general design and construction features to match TABLES specified above. Overall,sizes and individual units and accessories to be as listed in the equipment schedule, for each item. J. COMPUTER CARRELS shall have oak side and end panels of full widths and heights as listed in equipment schedule for each item. PANEL ENDS: Panel ends shall be min. three (3) ply construction, having a particleboard core with solid red oak veneer on each"face. Edges are externally bound with solid oak and with corners rounded. INTERMEDIATE PANELS: Intermediate panels are same construction as end panels. BACK PANELS: Carrel backs are three (3) ply, solid particleboard construction with red oak veneer on each face and a top binder. WORK SURFACE: Work surface is of three (3) ply construction'with HPL writing surface with a balancing backer sheet. Working edge of top has an internal binder of solid oak. Preferred top is 36" wide to 48" wide, as specified, and at a minimum 28" deep. Four adjustable work surface heights are: 26" typing, 29" sitting, 32-1/2" handicapped sitting; and 41" standing. Note: Vendor is requested to provide samples of 3-ply construction, particleboard, veneer, top binders, edge binders. STORAGE SHELF: The optional wood storage shelf is hardwood with a front facia and is attached to end intermediate panels with angle iron, wood screws and bolts. The storage shelf is 12" deep x the width specified in the Schedule. The optional storage shelf may be located below the work surface, with its top 22" from the floor or above the work surface. When work surface is at 29" high the clear opening between shelf underside and work surface is 13-1/4 Work surface 26"; opening is 16-1/4"; work surface at 32-1/2", clear opening is 10-3/4". As an option, one may select no shelf, one shelf or two shelves. LEVELERS: An adjustable leveler is furnished at each corner of each panel. Leveler has a chrome plated rustproof cap, WIRE MANAGERS and 3" O.D. grommets shall be furnished as specified. K. OPAC STATIONS shall be custom designed as shown on the floor plans and in accordance with drawing. Individual OPAC station tops shall be designed to match table tops specified and shall be adjustable in height 26", 29", 32-1/2", and 4 1 " high. OPAC stations shall be of unit type construction to permit rearrangement and/or additions for future needs. Wire manager features shall be included. r Epp I L. LIBRARY CHAIRS shall be constructed of select northern red oak wood, r" to match WILSONART "Wild Cherry" finish. All joints to be multiple doweled. Joining of seat rails to back posts shall also include concealed steel bolts and bar bushing for maximum strength. Seat frames reinforced with r., heavy corner blocks, glued and doweled. Fully upholstered seats and backs shall be provided on all chairs, unless otherwise specified. All chairs shall have SLED -BASES. Fabrics shall be Coral of Chicago, or equal, in colors specified by architect and owner. Upholstered back shall be 1" thick, 8 ply hardwood molded plywood, 24" radius, I I" wide dome shaped. Front of back to be covered with 3/4" thick polyurethane cushion and extreme of back to be covered with 1/2" thick polyurethane cushion, both are minimum 1.8 PCF density. Two 7 x 10 mm confirmats shall secure the back to each back post. Upholstered seat shall be made of an assembled rail construction with the front cut to a 37 degree angle and extended 1-1/2". A total of eight 7/16" x 2" spiral groove dowels are used to join the seat rails. The seat shall be equipped with a flex-o-lator unit, five spring helicals, an insulator and a 1" thick minimum 1.8 PCF density polyurethane cushion with an additional 1/2" overlay. Upholstery material shall be fastened to the underside of the seat. Bottom of seat to be covered with black celestia. Seat shall be fastened to the front and back rails using three 12 x 2-1/4" tapping screws per rail. M. FURNITURE CONSTRUCTION for all items shall require manufacturing to a smooth finished condition, free of splits, bruises and other surface irregularities. The quality of construction will be known as "cabinet work". "Mill work" type construction will not be acceptable. Joinery may consist of the following: Mortise and tenon, glued wood splines or dowels, wood screws concealed, wedge tenons, and lock corner joints. All work to be securely glued and blocked. Removable end panels and table bases r or legs are to be secured by use of inserted threaded (pinned -in) metal bushings ti and machine bolts, to permit dismantling and ready ease in rearrangement to meet future needs. ALL FINISHING MUST BE DONE AT THE FACTORY EXCEPT FOR MINOR TOUCH UP OR REPAIR, DUE TO POSSIBLE DAMAGE IN TRANSIT, ETC. N. CIRCULATION DESK AND REFERENCE DESK UNITS shall be completely sectional in design. Individual modular sections to be of dimensions listed, assembled with concealed bolts and bushings to form "continuous" custom desk/counters in appearance and design, while permitting complete flexibility for re -arrangement, etc. UNIT TYPE sections are MANDATORY (including UNIT TOPS) to permit re -arrangement and additions by Owner for future requirements and changes. r I Sectional tops shall be assembled level and smooth with precisely splined fitted joints and tight -joint fasteners. (Must be splined and secured with concealed hardware). All sections shall be completely free-standing to join any other desk section and to receivefinished, oak end panels by concealed bolts and bushings (metal to metal). ,Sectional desk tops must be five (5) ply construction, full 1-3/8" thick solid cores with inset HPL top faces (as selected by owner) and all edges bound in solid oak binders, bullnosed edges, stained and finished to match desk units. .Tops shall overhang the desk sections as called for in the schedule of equipment. Front panels shall be three (3) ply. construction, 5/8" thick solid cores with sliced selected oak veneers both faces. Bottom edges of front panels to be bound in solid oak to prevent splintering. Bottom of fronts to receive recessed closed toe bases as specified. <s: Each individual section shall be a complete free-standing cabinet constructed with side panels 5/8" thick (like front panels). Base of panels machined front and rear for toe space 4" high x 2" deep. All side panels to be bored in at least six.(6) locations to properly secure unit to unit connections.. Rear edges or woring sides of panels to have solid oak binders 3/4". Top rails should be 2- 1/8" wide x 3/4" thick to secure and, support sectional tops for all desk units. All panels to be drilled to receive threaded shelf pins to full depth or half depth adjustable shelves, to allow free interchange of needed accessories and to fit future needs. Base of each side upright panel to be notched to provide ingress and exit for power and/or communication cables. Notch to be half round 3" diameter to be located immediately behind front toe bases. BASES: Each unit or section shall have a front closed base at the toe space. Base to be of hardwood 4"H x 3/4" recessed 2", in,black ebonized finish and securely blind fastened to cabinet upright panels. Full -bases, where listed in the schedule shall have base as described above at both front and rear. A fixed oak base shelf shall cover the open space, the shelf to be full width and depth of the unit and 3/4" thickness, oak. Half base is same as above except positioned 12-7/8" in from rear of desk unit. All individual units or sections in the desk shall be installed level and true, with splined tops forming a `continuous' flush surface. Units to be assembled by six (6) hex head bolts at each connection. Bolts to be min. 5/16" which shall pass through counterbored holes to adjacent units. Connections to be capped with brass plated covers concealing all hardware. All units to be in accordance with design detail drawings attached. 6 WIRE MANAGER AND ELECTRICAL SYSTEM FOR DESKS: All desks and units included in this specification are to be fitted with a complete wire manager and electrical wiring system, UL approved, which is a 3 circuit, 3 phase system with one circuit being fully shielded and internally grounded. The system shall consist of a multi -circuit infeed system, modular outlets and connecting wire harnesses. The system shall be completely MODULAR and connected by snap -together feature. Harnesses shall be placed in strategically located "J" channels as specified. The electrical systems to be equal to LIBRARY BUREAU wire management system #MN-727, or equal. FURNISH FOLLOWING ITEMS: (Furnish & Install) r Multi Circuit infeed 6 ft. long terminating with eight wires which must be hard wired to the building's power by a qualified electrician. The opposite end shall have a quick connect (female end connector). Library Bureau stock numbers shown, or equal: #53852 31" J-Channel 4-1/2" x 4-1/2" 18 gauge steel Ebony Brown finish. Channels to be assembled on inside (work side) face of desk front panels at height determined by the owner. Each section to be fitted with 3" dia openings and grommets, aligned for `pass -through' of the wiring manager system throughout all sections of the desk/counter, forming a continuous system. Each J-Channel complete with #25608 wire harness and hardware for assembly. Two duplex receptacles shall be furnished and installed in each channel (inserted in two power blocks, attached to the "J" channel.) Each duplex is to be marked for easy identification of circuits. Receptacle (#IV) shall have an isolated ground for use with computers and sensitive equipment, furnished as requested. #XG "pass -through" grommet (3" diameter), #8782 grommet in desk tops, duplex receptacles total (#IV type). O. TEST SAMPLES AND SHOP DRAWINGS: In order to assess quality of workmanship and materials from competitive bids, additional time does not have to be built into the schedule, if bidders will provide more detailed submittals prior to bid closure. Cut sheets, drawings, test data, the table cutaway to model wood fabrication, addressed earlier, etc. are therefore requested to facilitate these determinations. The owner also reserves the right to call for actual samples of any and all items specified after the bids have been submitted and before an award is made. The samples must be furnished within 10 days after written notice. Samples may be required for test purposes to determine the lowest qualified bidder meeting the exact requirements specified. Detailed shop drawings of any and all items may also be required before an award. F P. VARIATIONS FROM SPECIFICATIONS: If furniture of an alternate specification is to be bid, the bidder of such furniture must submit a statement, showing and telling exactly where and how the bid does deviate from the specifications. This statement should be provided early, so that if shop drawings and samples are required, they may be provided 10-15 days before the bid opening. If there is no such statement, etc., it shall be presumed that the bidder proposes to meet the specifications in every respect, and if awarded the contract, performance on this basis will be required. 8 PART 2 - GENERAL 2.01 GENERAL: The following Schedule of Equipment indicates the item number, quantity, and description of the various components to be installed as part of the work. Item numbers indicated correspond with item numbers noted on the floor plan/drawings. SCHEDULE OF EQUIPMENT ITEM QUANTITY DESCRIPTION Tables A 1 3 Square Reading Table 42" x 42" x 29" high (Example: LB# 82W4242, or equal) A2 4 Rectangular Reading Table 48" x 72" x29" high (Example: LB# 82W4872, or equal) A3 1 Round Reading Table 48" diameter x 29" high (Example: LB#82W-48, or equal) A4 2 Individual Study Table 24" x 36" x 29" high, with 8" high oak book rack (Example: LB#82W.2436-C, or equal) A5 2 Round Occasional Table 36" diameter x 20" high, with solid oak tops (Example: LB# L-36-0-RP-20, or equal) A6 1 Round Occasional Table 20" diameter x 20" high, with solid oak top (Example: LB# L-2020-0-RP-20, or equal) A7 3 Round Reading Table 42" diameter x 27-1/2" high (Example: LB# 82W-42, or equal) A8 1 Credenza, oak 42" w x 28-1/8" deep, HPL top (Example: Brodart # 60 036, or equal) Chairs B1 12 Child's Reading Chair. Solid oak frame with upholstered seat and back, as specified, 16" high (Example: Jasper Chair 179-UBS-SB-16, or equal) B2 46 Adult's Reading Chair. Same as B1 except adult size, 18" high (Example: Jasper Chair #179-UBS-SB-18, or equal) B3 4 Adult Arm Chair. Same as B2 except oak frame with arms (Example: Jasper Chair #171-79-UBS-18, or equal) 01 B4 10 Adult Lounge Chair. Solid oak frame with arms, sled bases, fully upholstered cushioned seats and backs, with fabric as selected (Example: Jasper Chair #84-1-SB, or equal) B5 1 Upholstered Bench, oak frame with sled base, cushioned seat upholstered, with fabric as selected, 48" x 20" x 18" high (Example: Jasper Chair # 86-SB, or equal) Study/Computer Carrel Cl 4 Single -Faced Computer Carrel 48" high x 42" wide x 30" deep Four oak panel design with adjustable height work desk, (26", 29", 32", and 41" high). Include wiring grommets and wire manager (Example: LB #76-SF-TSU, #8732, or equal) C2 3 Double-faced Computer Carrel (as #C1, except double-faced) 48" high x 36" wide x 30" deep Example: LB #76-DF-TSU-36, #8732, or equal) OPAC Stations D1 4 OPAC Stations: custom, saw -tooth design OPAC Unit System, double-faced. Each face to provide a work surface 36" wide, 30" deep, and sides 48" high, per detailed specs D2 2 OPAC Stations, as item #D1, except with hinged oak cupboard for printers below desk top, on one face of each unit Miscellaneous E1 1 Atlas, Dictionary Case, Sloped Reference Top and 5 pull-out reference shelves (Example: LB #82W-AS, or equal) E2 1 Lighted Exhibit Case 48" long x 76" high x 18" deep. Includes oak base 10" high and 6" high cornice light fixture. Tempered glass 2 sides and front. Front with 2 sliding doors and special key lock (Example: LB #L-891K, or equal). E3 1 Oak Wood Book Truck, 30" x 14-1/8" x 35" high. 3-flat shelves (entire truck solid oak), 5" ball -bearing silent casters (Example: LB # 0-7608, or equal) Ito] E4 1 Child's Picture Book Display Modula-S "Tower 2" design (Example: Gressco #4311, or equal, color as selected) E5 6 High stool, solid oak with tapered leg base and rubber cushioned glides. Round seats, 14" diameter, hollowed out and shaped for comfort. (for OPAC stations) 24" high. (Example: LB# 7545, or equal) Circulation/Reference Desk - custom F1 Lot Circulation Desk/Reference Desk per detail specs and drawings F2 1 Shelving/Counter, custom to match desk Item F1, per detail drawings, with doors, at least one pair making c locking cabinet 11 Lubbock City County Library 1306 9th St. Lubbock, TX 79401 FURNITURE DETAIL ITEM QTY DESCRIPTION D 1 4 OPAC Stations: Custom, saw -tooth design, unit system. 36"W x 62"D x 48" High, per detail specs. Double -sided, each side 30" D, sharing common back. Tops and system complete w/wire manager system, designed.to continuously connect all stations in the range from the initial station at building column Adjustable work top as specified 26", 29", 32-1/2", 4 1 " heights. 1-1/4" thick solid cores with HPL face and radiused solid oak binders (starter unit) (showing one side) (OPAC Station unit) OPAC Stations, shows saw -tooth configuration 1-1/8" thick Oak panel 48"H, radiused edges, external solid oak.binders (adj. glide) 12 Lubbock City County Library 1306 9th St. Lubbock, TX 79401 FURNITURE DETAIL ITEM QTY DESCRIPTION D2 2 OPAC Stations: same as Item D 1 except the end unit of both ranges, on one side of each unit only to have hinged oak cupboard doors, for housing of printer and other items below desk top, as per specs PULL-= SHELF PAPER SLOT FOR* PRIMER PRIMER PAPER SHELF End Unit OPAC STATIONS with hinged o doors with to ELEVATION 1 t/47 -T i If I �l it 48' i 4r r �1 E140 ELEVATION (&t.- S'o6) 48" High t . 13 Lubbock City County Library 1306 9th St. Lubbock, TX 79401 FURNITURE DETAIL ITEM QTY DESCRIPTION F1 Lot Circulation desk/Reference desk per detail specs and drawings F2 1 Shelving/counter, custom to match Item F1, per detail drawing 00 (1) (c) O/ (e) r �( (g) L _ _ FI (c) zbr, (f) �-----A �-- 11 E3 I F2 I (Schedule of Equipment) 1-' (a) 1 Book return unit 26-3/4"D x 36"W x 35" x 39"H (with truck LB #7660.16DT or equal) (b) 3 Triangle Corner Units 35"D x 39" H (c) 2 Open Shelf Units 36"W x 35"D x 39"H (3 shelves) (d) 2 Computer Station Unit, recessed well design 36"D x 36"W x 39"H (e) l Reference desk unit approx. 82"W x 35"D x 32"H at front, 29"H at work side. Top for terminal station w/grommets and wire managers. Knee space plus double pedestal with file drawers and box dress, as specified. . (f) 3 Detachable finished end panels for 39" H desk (g) 1 Detachable finished end panel for 32" H desk (h) 1 Step down end panel between 39"H and 32"H desks (Fl) Lot : Include Electrical and Wire Manager System in all units, as specified. (172) 1 Shelving/counter - custom to match desk Item F1, see detail 14 r f Lubbock City County Library 1306 9th St. Lubbock, TX 79401 F FURNITURE DETAIL r a ITEM QTY DESCRIPTION ITEM (a) The book return unit, to be 36"W x 35"D x 39" H, with a sloping book chute 6-5/8" long x 22" wide; securely blind screwed to the front desk panel. Chute constructed of solid red oak. Chute opening in front panel to be 4"H x 14"W, lined with solid oak. Unit with a toe base to allow a depressible top book truck to fit into the unit under the chute. (LB#7408-35-39 modified, or equal) ITEM (a) To include one (1) depressible top book truck, 31"W x 22"D x 25-1/2"H at front and 28"H at back, providing a hand grip of 2-12". Bin interior to have a volume of 5.6 cubic feet. Truck to be solid red oak stock with front and back rabbeted into the sides and securely fastened by glue and screws which are counterbored and plugged ((lush). Metal lowerator device beneath platform to have stabilizers on 4 aiswa. Top 5-ply solid wood core construction with wood crossbanding, HPL face and backing sheet. Platform to depress at rate of 1-1/4" for each 5 pounds requiring 55 pounds to depress fully. Include 4 full swivel ball bearing casters (LB#7660.16DT or equal) ITEM (b) Triangle corner units 35"D x 39"H, for 45 degree angle. Face to match adjacent desk sections including toe spaces, interchangeable to permit re -arrangement for future needs. Equipped with wire managers for electrical and data pass-thru, as specified. (LB #7424-35-39 modified or equal) 15 FURNITURE DETAIL ITEM QTY Lubbock City County Library 1306 9th St. Lubbock, TX 79401 DESCRIPTION ITEM (c) Open shelf unit, to be 35"D x 36"W x 39"H. Unit with 3 full -depth shelves including base shelf. Center shelf to be on pull-out extension glides, so it may be used as printer shelf if desired. Oak shelves. Closed base 'and fronts, all to match adjacent units, and as specified. Include complete wire -management system as specified.. (LB #7407M, custom, or equal) ITEM (d) Computer station unit, shall be 35"D x 36"W x 39"H, the 39" H top to have enclosed well, of solid oak 22"W x 20" long at bottom x 8" deep x 22" long at top, "V" design. This well designed to house the computer and scanner units. Well with grommet for electrical wiring and data lines. Top includes 4-3/4" overhang on public side and 8-3/4" overhang on work side (to accomodate keyboards). Provide knee -space, closed base shelf and 1 full -depth adjustable shelf (24" deep) below. Also include and install wire -management system as specified. (LB#7412M, custom, or equal). OPTION: as an option to the enclosed well design, provide flush counter top, under -glass mounting for computer and scanner units. ITEM (e) Reference desk unit (design per floor plan layout) Approx. 82", W x 35"D x 32"H at front, 29"H at work side. Top for VDT, w/grommets and wire managers. Knee space and double pedestal with file drawers (either 2 Vertical file drawers legal size, or 1-lateral File drawer, all on heavy duty Accuride extension slides. Includes 2 full with Box Drawers above (6"H space inside clear). Top HPL with solid oak radiused binders, with patron service ledge as shown at front side. Include complete wire -manager & electrical as specified. (LB #7422M, custom, or equal) 16 Lubbock City County Library i 1306 9th St. Lubbock, TX 79401 r Y FURNITURE DETAIL ITEM QTY DESCRIPTION ITEM (f) Detachable finished oak end panel, 3-ply construction w/solid core, face oak veneers and bound on all .edges with 3/8" solid oak. Inner face of each panel to have min. 6 recessed metal bushings for connecting desk sections. Ends 1-1/4" thick and 39"High x overall depth required to.fit unit. Include kick plate 3/4" thick, solid hardwood (black finish) to match toe space of desk units. (LB 97415, or equal) ITEM (g) Detachable end panel, same as (f) except for 32"H unir ITEM (h) Step down end panel to permit joining of sectional units 39"H with units 32"H. Same as finished end panels (f) except machined and fitted with bushings to receive sections of different heights as required. (LB #7425, or equal) I� J- Chann61 31" 53852 ITEM F1 Electrical and wire manager system. The desk shall be fitted with an electrical wiring system �nvc4 ft.ac! UL approved, which is a 3-circuit, 3-phase system k[>UII11wG f lAllft i with one circuit being fully shieldged and internally grounded. The system shall consist of a multi- Ul.r CCb J•t11A1hrcL circuit infeed system, modular outlets, and connect- ing wire harnesses. System is modular and is con- s/ft. hush - - nected by snap -together features. Harness placed in rawcp fcncK strategically located "J" channels in each section `Q /K`n'iuc tAat as specified. The electrical and wire management ��1e-1• flue:� P g system shall be equal or superior to Library Bureau rO�tR AIr�K wire management system #MN-727, or equal. � I� si r 17 r- FURNITURE DETAIL ITEM QTY F2 l , Lubbock City County Library 1306 9th St. Lubbock, TX 79401 DESCRIPTION Shelving/counter, custom design to match desk ITEM F1, per details shown below. 39"H x 60"L x 24"Deep overall. Top 1-1/4" thickness, HPL face and solid oak radiused binders. End panel of select oak wood and black finish kick plate, recessed toe base 4"H x 2"D. Unit ;with cubicles constructed of solid oak, or oak select plywood with edges bound in solid oak, 3/4" thick stock. Entire unit with closed oak back panel, installed neatly against building walls as shown on floor plans Cubicles designed to form 8 spaces (4 equal widths and 2 equal heights, with cabinet doors (lockable) to one half of the unit. (LB #7400M, custom, or equal) rrnnE is ieva t i on bad Elevation ° Al B2 SCHEDULE OF EQUIPMENT - SEE ITEM LIST C1 El titifrbRm L7�L^10R^,4iL�1� ------------------ r� n � Q B4 A5 <- , EDI 5 t x M ;.; A8 — r'--, B�j '�j• , Fri �B 1 E4 �eE= 'aa Rom E �°� ' a E2 E3 F2 c -- T q :ti� I'm otnoa I w :era Rom r., x _ F r,. OTLoa L�OU%, �� i --j B5mC* i. F IL, f f L -- - - -- - - -------------------------- Guam - - -- - J ��L+1•LfU ��LtiU11 Lubbock City County Library 1306 9th St. Lubbock, TX 79401 " 19