HomeMy WebLinkAboutResolution - 5213 - Contract - Western Coating Company Inc - LP&L Paninting Holly Unit #2 - 07_11_1996RESOLUTION NO.5213
July 11, 1996
Item #26
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 Western Coating Company,
Inc. of Odessa, Texas, to furnish and install all materials and services as bid for the LP&L
Painting Holly Unit #2, Stairways and Hand Rails, attached hereto and which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:Acz— A.�. 1 0�2vj
etty M. Johnson, fity Secretary
APPROVED AS TO CONTENT:
Victor Kilmanj Purchasing Manager
APPROVED AS TO FORM:
lionma tj. v anaiver,
Attorney
DGv js/WESTERN.RES
ccdocs/July 1, 1996
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CITY OF LUBBOCK
SPECIFICATIONS FOR
LP&L PAINTING HOLLY UNIT 92
STAIRWAYS & HAND RAILS
BID #13600
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CITY OF LUBBOCK
Lubbock, Texas
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: LP&L PAINTING HOLLY UNIT #2, STAIRWAYS & HAND RAILS
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13600
PROJECT NUMBER: 7313.8314
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITION
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NOTICE TO BIDDERS
BID 913600
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the
Purchasing Manager, Municipal Building, 1625 13th Street., Room L-04, Lubbock, Texas, 79401, until 2@00 o'clock p.m. on the
27th day of June. 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:
"LP&L PAINTING HOLLY UNIT #2, STAIRWAYS & HAND RAILS"
After the expiration of the time and date above fast 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 Cit
of Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 11 th day of July, 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 100% of the total contract price in the event that said contract price exceeds $ 100,000 and the successful
bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of t1:
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 i= Raring of H or suRgrior, as the rating of the bond company is a factor that will be considered in determinatior
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 condition.
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 the 18th day of June. 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 t
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 n,
be discriminated against on the grounds of race, color, sex, disability, or national origin inconsideration 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 bike 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 i
advance of the meeting.
CITY OF LUBBOCK
���CJI.tJ t
VICTOR KIL
PURCHASING MANAGER
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/Faz (806)767-2164.
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The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
project in accordance with contract documents for the LP&L PAINTING HOLLY UNIT 92, STAIRWAYS & HAND
RAIL .
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.
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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.
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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 120 (ONE HUNDRED TMTNTYI
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.
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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
r+ affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by
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the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been
notified.
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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.
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).
The contractor will be furnished one set of plans and specifications, and related contract documents for his use during
construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The
Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for
proper prosecution of the work contemplated by the Contractor.
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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.
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to
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exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground
structures which might or could be damaged by Contractor during the construction of the project contemplated by these
contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
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t aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work
contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
14. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take
such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor
will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when
damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and
expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of
issuance to Contractor of City's certificate of acceptance of the project.
15. EXPLOSIVES
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The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In
all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all
( damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
Welt 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.
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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.
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The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
fir► 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.
i 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
r'! that no work on this particular project shall be subcontracted.
18. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these
contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of
general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the 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
�s contract documents does not release the Contractor from compliance with any wage law that may be applicable.
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Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the
following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract
within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the
Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and
obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow
construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract
which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day
of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.
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.
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder
without being considered.
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:
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(a) Bidder's name
(b) Bid for (description of the project).
Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be
withdrawn or altered thereafter.
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:
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(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.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by
,.. reference into the aforementioned contract documents.
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BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE: Holly Unit # 2
DATE: .Tune 26, 1996
PROJECT NUMBER: 13600 - LP&L PAINTING HOLLY UNIT #2, STAIRWAYS & HAND RAILS
Bid of West Prn rant i nq ro . , Inc. (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a Painting stairways and
handrails at Holly Unit ¢# 2_
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents
and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project
including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the
project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated
below. The price to cover all expenses incurred in performing the work required under the contract documents.
MATERIALS: Eighteen thousand dollars ($ 1 8, 000.00 )
SERVICES: Thirty three thousand eight hundred dollars (S 33,800.00 )
TOTAL BID: Fifty one thousand eight hundred dollars ($ 51 ,800.00 )
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY) consecutive calendar days
thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated
damages the sum of S200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth
hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction
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.
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.
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The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse
to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of
the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for Twc%-thniasand six h„nrirPr3 Dollars
($ or a Bid Bond in the sum of Dollars ($ ), which it is
agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the
undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days
after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the
undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents
made available to him for his inspection in accordance with the Notice to Bidders.
Authorized Signature
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
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Michael R 6914
(Printed or Typed Name)
_latent e
Company
2211 E. Murphy
Address
Odessa Ector
City, County
Texas 79761
State Zip Code
Telephone: 91 5- 3 3 2— 21 8 7
Fax Number: 9 1 S 11 2 _ 2 2 9 3
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LIST OF SUBCONTRACTORS
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Minority Owned
Yes No
NIA 0
0
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0
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0
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0
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0
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BOND CHECK //��
BEST RATING ..t�........,_...
(E! IICEN ED IN TEXAS
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DATE BY
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STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021 (a)
OF THE TEXAS GOVERNMENT CODE
!' (CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY THESE PRESENTS, that Western Coating CO . , Inoereinafter called the Principal(s), as
Prince al(s), and
-! universal Surety of America
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in
r" the amount of Fifty one thousand eight hundrd3bllars ($51, 800. ** 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 18th day of
Jules ,19 66 to Bid #13600—LP&L Painting Holly Unit #2, Stairways & Hand
Rails—$51,800.
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and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the
1 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.
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NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then,
this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 sealed this instrument this 18th day of
+"` July 19 96.
Universal
Surety
r
Surety
�l
-By:
( ) Ga
Felker
f '
A orney In
Fact
Western Coating Co., Inc.
Principal
By:
(Title) .President
By:
(Title)
By:
(Title)
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The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Cam Fannie
Ins. Agency, Inc 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.
Universal Surety of America
Surety
* By:
(Tit M. ary elker
Attor a IFact `
Approved as to form:
City of Lubbock
t
diM
y:
ttorney
* 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.
UNIVERSAL SURETY OF AMERICA
P.O. BOX 1068 -Houston, Texas 77251-1068
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
Agency Inroimatiaa (WAX
8000705 TX 6281492 00
Milan Felker Insurance Service, Inc
Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of
the State of Texas, and having its pricipal office in Houston, Texas, does by these presents make, constitute and appoint
Gary Felker
Iva Roberson
Jim Rose
of Odessa and State of Texas its true and lawful Attomey(s)-in-Fact, with full power and authority hereby
conferred in its name, place and stead, to execute, acknowledge and deliver
Bonds not to exceed $250,000.00 unless such is accompanied by letter of
authority signed by the President, Secretary or Executive Vice President
of Universal Surety of America.
and to bind the Company thereby as bully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do within the stated
limitations, and such authority is to continue in force until 12/31/97 . Said appointment is made under and by authority of the
following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 1 lth day of July, 1984.
"Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power
and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company."
"RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any
power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation."
In Witness Whereof, Universal Surety of America has caused these presents to be signed by Its President, John Knox, Jr. and its
corporate seal to be hereto affixed this 7th day of January, A.D, M.
y+h UNIVERSAL SURETY OF AMERICA
•,...... , 46
-7 State of Texas it » a•!�
ss: o nox, Jr. President
County of Harris `'••�• ''
," sr
On this 7th day of January, In the year 1993,-before me, Angela P. Daigle, a notary public, personally appeared John Knox, Jr,
personally known to me to be the person who executed the within instrument as President , on behalf of the corporation herein named
and acknowledged to me that the corporation executed it.
1"1
Pa'�i
Notary Public
a
I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the -
Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in effect.
GIVEN under my hand and the seal of said company, at Houston, Texas, this 18 th day of July • 1 g 9 6
Any instruinent issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may telephone (713) 722-4600. 1476-15001025
No Text
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
roll (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
i 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
19to
F
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the
t 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.
t 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
Goverment Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same
y extent as if it were copied at length herein.
is
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this — day of
l" , , 19
Surety Principal
* By: By:
(Title) (Title)
17 By:
(Title)
By:
(Title)
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The 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
s
u i a certified Note: If signed b an officer of the Sure Company, there must be on file ce fie extract from the by-laws showing that this
Sn Y h' P Y� Y g
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.
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CERTIFICATE OF INSURANCE
F TO:
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CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
DATE:
TYPE OF PROJECT -
THIS IS TO CERTIFY THAT Western Coating Co., Inc.-* (Name and Address of Insured) is, at the date
of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance
and in accordance with the provisions of the standard policies used by is com�de , s e further hereinafter
a s 9 ] �f ribed. Exceptions to
standard policy noted hereon. Address - 2 211 E . Mur p hhy , ,
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
2000000
X Commercial General Liability
A)
General Aggregate a
Claims Made
CLP 2 2 6 016 7
1/ 31 / 9 6
1/ 31 / 9 7
Products-Comp/Op AGG $ 2-00000
X Occurrence
Personal & Adv. Injury $ IDUUQQ
Owner's & Contractors Protective
Each Occurrence
Fire Damage (Any one Fire) S
Med Exp (Any one Person) S 9000
AUTOMOTIVE LIABILITY
Any Auto
A)
Combined Single Limit $ 1000000
All Owned Autos
CAP 18 2 4 3 6 8
1 / 31 / 9 6
1 / 31 / 9 7
Bodily Injury (Per Person) $
X Scheduled Autos
Bodily Injury (Per Accident) S
X Hired Autos
Property Damage $
X Non -Owned Autos
GARAGE LIABILITY
Any Auto
Auto Only - Each Accident $
Other than Auto Only:
Each Accident S
Aggregate S
BUILDERS RISK
100% of the Total Contract Price
$
INSTALLATION FLOATER
$
EXCESS LIABILITY
X Umbrella Form
A)
Each Occurrence $ 1000000
CUP1852269
1/31/96
1/31/97
Aggregate $ luuuuuu
Other Than Umbrella Form
$
WORKERS COMPENSATION AND
B )
EMPLOYERS' LIABILITY
The Proprietor/ X Included
S TA10 3 9 5 7 4
1/ 31 / 9 6
1/ 31 / 9 7
Statutory Limits
Partners/Executive Excluded
Each Accident S 500000
500000
Officers are:
Disease Policy Limit $
Disease -Each Employee $ 500000
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the
insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there
is no legal requirement, in less than five days in advance of cancellation. A) Bituminous Casualty
FIVE COPIES OF THE CERTIFICATE OF INSURANCE B) Texas W. C . Insurance Fund
MUST BE SENT TO THE CITY OF LUBBOCK.(Name of Insu
re
By:
Title: A
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MILAM/FFI ICI=1? TMC TT5 -
ACQR—D. GERTIFICAI tN
VLIAtSILI
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� 07 3-
PRODUCER
THIS CERTIFICATE 13183UED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON T14E CERTIFICATE
Milam Felker Ina Services Inc
HOLDER. THI3 CERTIFICATE DOES NOT AMEND, EXTEND OR
401 R. 7 th street
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Odessa TX 79761
COMPANY
MoneNa. 915- i- 711 FokNo. _
A Bituminous Inauranee Companies
INSURED
COMPANY
8 Texas Workers Comp Eats. Fund
COMPANY
T;!eatern Coating Ca Yac-
C
2211 Bast Murphy
COMPANY
Odessa TX 70761
D
COVERAGE$.
THIS IS TO CHRTIPYTMAT THE POLICIES OF INSURANCE LIM ED 851,01AHAVE SEEN ISSUED TO THE INSURED NAMED ABOVE ►OR THE POLICY PERIOD
INDICATED. NOIIMTHBTANDNNO ANY REOUIRGMENT, TERM OR CONDITION
OF ANY CONTRACT 08 QTNCR DOCUMENT'MTH RESPECT TO VM" THIS
CERTIFICATE MAY BE McLIED OR MAY PCATAIN, THE INSURANCE AFFORDED BY THE POM.rZ DESCRIBED HUWJN IB SUBJECT TO ALL THE TFRUS
EXCLUsrOtis AND CONDITMS OF $JON POUCIES. UlArTS SNCIVN MAY HAVE PCEN Rt OLM SY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UNIM
lTR DATE(MM)COF ) DATE(MWDDNY)
GENERALUA91UTY
OENDiRALAGGREGATE
t 2000000
A
X COMMERCIAL G;Nr. ALLIAMLITY
j CLP2260167
01/31/96
02/31/97
rROOJOTS.coravroPAao
c 2000000
CLAIMsMADE I.J OCCUR
1((
OMNER'BdCONTRACTOR'tPROT�
t 1440000
41000000
PCRsa vAL6AD VHJURY
PJWNOCCVRRENCE
FIREW AAf3G("-%i)
t 50000
f
MEDUP4Arylzwn�w)
$5000
AUTOMOBILE
UAIWTV
CCMeu,EOt1HGLELMT
61000000
A
ANYAUTO
i CAP1824368
� 01/21/96
1 01/31/$7
ALL "FD AUTOS
i
BODILY IN34URY
$
X
M EOLn.EDAUTOS
+
(IYrww)
BODILY IN"Y
A
kWD AUTOS
t
][
NON-OkhWEDAUTO$
�
(Per lr *"J
PROPERTY DAMAGE
— —
I
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11
GARAGE L"LITT
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AUTO ONLY - BAACCOrNT
ANY AUTO
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OTI HsR TNAN IWT-O-ON0 .
AOORFQAM
t
v=55LAwUTY
UCHOCCMRENCE
t1400000
A
X ( UMZIKELLA►ORM
CUP1952269
01/31/96
01/31/97
t 1000000
OTHER THAN LUBRELLA FORM
t
WORKfi.R4COMPENtIATI0NAN0
x R _
EMPLOYERt'LIABILITY
EL EA ACOIDENT
$500000 _.._
e
THE PROPFUETOW INOL
STA1039674
01/31/96
01/31/97
9LD19SM.POLICY LIM
t 500000
ELOISCASE-tAEMPLOYEE
OFFICERS ARE' EXCL
t 50000
OTNCR
DESCRIPTION OF OPiRAT*NSILOCAT1ONWVEHICLEStSPECIAL ITEMS
oit3i` cos rattc��Cor. - i1 olici�ar� prow Qeiaai a of e b og tion. General
=Li>&L Fad. nti gaHoITY ui t 2 aStairwaye and
rtifi to hc7at�e po c7
an ra e. Tax 806. 6 6
CERTIFICATE HOLDER
CANCELLATION
CITYOFI
SHOULD ANT OF THE ABOVE DESCPJB20 POLICIES tC CANCELLED BEFORE THE
5MRATION DATE THEREOF, THE MSUINO COMPANY VALL ENDEAVOR TO MAUL
City of Lubbock
_" DAYS WRrTTEYNOTIGETOTMCCERTIFICATCHOLDER NAMMTO791UFT.
Laura Ritchie
8. O. Box 2000
BUT FAILURE TO MAIL SUCH NOTICE @HALL IMPOSH NOOSLIGATI0N OR LIABILITY
Lubbock TX 79457
OF ANY RIND UPON THE COMPANY. ITS AaENTSORREPREBENTATWS,
AUTHOR t REPRESENTATWS
ACORD 2S-$ (1/95)
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'""'�rryACORD CORPORATION 1998
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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.
Age t igna re)
Gary Felker
Agent (Print)
Name of Agent/Broker: Milam Felker Insurance Services, Inc.
Address of Agent/Broker: 401 E . 7 th
City/State/Zip: Odessa, Texas 79761
Agent/Broker Telephone #: ( 915 ) 3 3 2 - 0 711
Date: 7 / 16 / 96
CONTRACTOR'S NAME: Western Coating Company, Inc.
(Print or Type )
C 1 CONTRACTOR'S ADDRESS: 2211 E . Murphy
Odessa, Texas 79761
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 #13600 - LP&L PAINTING HOLLY UNIT #2, STAIRWAYS & HAND RAILS
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l CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on proper
reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to
beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity
will have on file certificates of coverage showing coverage for all persons providing services on the
project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of
the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor
knew or should have known, of any change that materially affects the provision of coverage of any person
providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are required to be
covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice
does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be
printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to
the worker population. The text for the notices shall be the following text provided by the commission on the
sample notice, without any additional words or changes:
F
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see reverse) be
covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or
providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an
employee."
r
"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
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CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this llth day of July, 1996, by and between the City of Lubbock, County of
Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and WESTERN COATING COMPANY, INC. of the City of Odessa, County of Ector. and the State of Texas,
hereinafter termed CONTRACTOR
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID # 13600 - LP&L PAINTING HOLLY UNIT #2, STAIRWAYS & HAND RAILS - $51,800.00
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
,I
Condition of Agreement.
l
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given
to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid
submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account
thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have exe d this agreement in Lubbock, Lubbock County, Texas in the
year and day first above written.
FATTEST:
Fill 4cre ary
APPROVED AS TO CONTENT:
F
Owner Representa ve
APPROVED A O Flo
City Attorney
ATTEST:
Corporate Secretary
i
CONTRACTOR:
WESTERN ATINOMP , INC.
By:
PRINTED NAME:
TITLE: act
COMPLETE ADDRESS:
Western Coating Company, Inc.
2211 E. Murphy
Odessa, Texas 79761
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GENERAL CONDITIONS OF THE AGREEMENT
OWNER
Whenever the word Owner, or the expression Parry of the First Part, or First Parry, are used in this contract, it shall be
understood as referring to the City of Lubbock, Texas.
CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: WESTERN COATING COMPANY, INC. who has
agreed to perform the work embraced in this contract, or to his or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to,
City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and
JOE TILLEY, ASSISTANT PRODUCTION SUPERINTDENT, 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.
CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement,
Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any),
Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of
like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like
import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
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.
M-my-1:t1mI�i�t .
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known,
technical or trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout
of all major structures and arty 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 anc:
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.
f�
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall
review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure
the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed
that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which
are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof,
and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said
Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on
the contract, and to any rights of the Contractor to receive any money under this contract.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a
written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work
or the interpretation of the contract, specifications and plans.
F1 15. Str'E!�7TLTF-'LTO)ELTCF-4LLTO-1 -TLISPECTLOV
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time
such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the
materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done
in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the
subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall
regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when
such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and
specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or
inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision.
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the
work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is
essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of
the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work.
•► Me
MIJ
►�: :► IQ
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of
the terms or obligations herein contained.
11: • T:",L X" 1: 1 1491 1 t, • 3 t: 3 ►
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.
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.
:► 0►
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.
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location
wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be
ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any
work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's
Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such
tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by
the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests,
inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the
requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the
Contractor's expense.
22.
23.
24
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.
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans,
specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full
accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
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.
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 (I S%) 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 deemed to include the cost of all workmen, such as foremen, timekeepers, mechanics and
laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on
such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on
account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property
Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the
Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of
the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The
Owner's Representative may also specify in writing, before the work commences, 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 100%, unless
otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated
in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and
compensate 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.
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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.
._ • • .I� • ,� •D1��:fi]iI► :. • oL•Ii1l��1i11
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.
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
r
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
r" Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
s
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.
p 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
jj 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
r contract execution.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $250-000 Combined Single
Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $250,000 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $150,000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of
potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $DM 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 406.096) - 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.
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.
The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the
contract.
4.
6
7
8.
9.
If the coverage period shown on the contractor's current certificate of coverage ends during the duration of
the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage
with the governmental entity showing that coverage has been extended.
The contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
The contractor shall retain all required certificates of coverage for the duration of the project and for one
year thereafter.
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.
The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas
Workers' Compensation Commission, informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and report lack of coverage.
The contractor shall contractually require each person with whom it contracts to provide services on the
project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by paragraphs (1)
- (7), with the certificates of coverage to be provided to the person for whom they are providing
services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is
representing to the governmental entity that all employees of the contractor who will provide services on
the project will be covered by worker's compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured,
with the commission's Division of Self -Insurance Regulation. Providing false or misleading information
may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor
which entitles the governmental entity to declare the contract void if the contractor does not remedy the
breach within ten days after receipt of notice of breach from the governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such
certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at the
address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
r
F
r-r
(a)
(b)
(c)
(d)
(e)
W
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;
provide a certificate of coverage showing workers' compensation coverage to the governmental
entity prior to beginning work on the project;
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;
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;
retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
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 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 5121440-3789 to receive information
on the legal requirement for coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverage. " and
(h) contractually require each person with whom it contracts to provide services on a project, to:
(i) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the
project, for the duration of the project;
r
(ii) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(iii) include in all contracts to provide services on the project the language in subsection (e)
(3) of this rule;
(iv) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(vi) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for
whom they are providing services.
1; l ifl�1P]Clul9rCiXV1
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not
to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job
application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other
terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN. AND FURNISHERS OF
MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power
tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so
desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been
paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after
demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the
unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to
discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process
covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall
defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from
any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss
when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified
or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or
process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account
thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for
such loss unless he promptly gives written notice to the Owner of such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which
in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising
from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If
the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such
notice to the Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same
regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts,
shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this
contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the
performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this
contractual agreement.
34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and
time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it
is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be
specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension
thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this
contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $2 Q&Q (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
1
agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for
payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract.
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.
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.
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense
as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor.
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
;i
k furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project.
+ 39. PROTECTION OF ADJOINING PROPERTY
I,
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered,
rwhich may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any
l damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the
Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing
out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid attached hereto, which has
been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials
and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the
same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract
documents and requirements of Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any
time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made,
Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a
waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
r" payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the
Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the
total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall
,•. also include the value of all sound materials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's
Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final
payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this
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
CWithin 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.
UMMEMPILN :_ u L A
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.
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.
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.
�WXJSVM \ , :l_ o
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. TIME 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
1 .
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative,
when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the
Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools,
materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work,
t may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the
work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work,
where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such
equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten
(10) days after service of such notice, then the Owner may provide for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,
tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the
Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under
this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In
case such expense is greater than the sum which would have been payable under this contract, if the same had been
completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the
Owner; or
(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 case may be, shall pay the
balance due as reflected by said statement within 30 days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
C materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site
of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
7
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.
� :::.I� � ► u ���� 3iZ•I�.�i�1�1�
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 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful
bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of
100% of the total contract price in the event that said contract price exceeds $25,000. 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.
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.
kic�1C�Z►�. ' • UNDUA1y1] 111.1 1KOMI'M 961
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
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 Owner's Representative or to the Contractor's own employees or to any other
person, firm, or corporation.
i
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
remove the debris and charge the cost to the Contractor.
No Text
AGJU14 L lUil .vV . J l � a
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March 14, 1996
Item #19
�
RESOLUTION
WHEREAS, the City Council has heretofore established the general prevailing rate of
per diem wages for each craft or type of workmen or mechanics needed to execute public
i works contracts for the City of Lubbock in accordance with the provisions of Vernon's
Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719 enacted February
t
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:
r
THAT the general prevailing rate of per diem wages for public works contracts shall be
as set forth in the following named exhibits, which exhibits shall be attached hereto and made
a part hereof for all intents and purposes: ;
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction
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
wages in all localities where public works are undertaken on behalf of the City of Lubbock and
such wage rates shall be included in all public works contracts as provided by law.
Passed by the City Council this 14 th
ATTEST:
' Betty M. J nson, City Secretary
APPROVED AS TO CONTENT:
f�1
Mary Andrilws, Managing Director of
Human Resources
APPROVED AS TO FORM:
a old Willard, Assistant City Attorney
I
I
I HW:dalccdocs/pubworks.res
February 14. 1996
2
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
:11:
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer -General
Laborer -Utility
Mechanic
Mechanic -Helper
Power Equipment Operators
Asphalt Paving Machine
Bulldozer
Concrete Paving Machine
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grader Operator
Roller
Scraper
Tractor
Truck Driver -Light
Truck Driver -Heavy
Hourly Rate
6.00
5.50
7.35
5.75
10.50
5.50
6.50
5.50
5.50
6.25
7.25
5.50
7.00
7.00
7.00
6.50
7.00
6.50
8.50
6.00
6.50
6.50
6.00
6.50
EXHBIT C
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate.
EXIT D
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
t-,. L- L- L- L- L- L- L- L--- L- I-- I I--
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Lubbock Power and Light
Pointing Specifications for Holly Two
�^ Boiler Structural Steel, Grating Stairways,
f and Hand Rails
A. Scope of Work
Property prepare and paint boiler steel and associated on Holly Unit No. 2
B. Codes and Standards
All surface preparation, painting, coating, materials and other work performed in
accordance with this specification shall comply with all local and national laws and
regulations, and shall be In compliance with, but not limited to, the latest editions as
determined by the purchase order date and applicable sections of the following
standards, codes and specifications:
Steel Structures Painting Council (SSPC)
SSPC- SP1 Solvent Cleaning
SSPC-SP3 Power Tool Clean
SSPC-PA2 Measurement of dry paint thickness with magnetic gauges.
Chapter 502 Texas Hazardous Communication Act
OSHA Chapter 29, Center Section 1910-1200
If the requirements of this specification differ from the Supplier's normal procedures, the
requirements of this specification shall govern, unless otherwise approved by Lubbock
Power and Light.
C. Submittals and General Requirements
Submittals
The contractor shall identify the specific coating materials by catalog number and
submit in written procedures with the latest published application instructions.
The manufacturer's written procedures shall include provisions for storage, handling,
surface preparation, environmental control, application, touchup and repair, curing
and inspection of the coating system. These procedures shall be submitted by the
contractor for Lubbock Power and Light's review and permission to proceed prior to
use.
General Requirements
The contractor shall impose all requirements of this specification on any subsuppliers or
subcontractors performing work related to this specification.
The contractor shall provide all facilities and equipment for all work furnished within the
scope of this specification.
F
I
The contractor shall furnish all necessary equipment to ensure the environmental
conditions of the following paragraph in the work area to meet contracted delivery or
completion schedules.
The temperature of the substrate shall be a minimum of 5°F above the dew point during
surface preparation, coating application and curing. The substrate temperature during
coating application and curing shall be between a minimum of 50°F and a maximum
of 90°F and the relative humidity shall not exceed 857o.
D. Materials
Unless otherwise specified, all coating materials used on any one surface or piece of
equipment shall be products accepted by Lubbock Power and Light. Materials from
different manufacturers shall not be used over each other without prior written consent
of each manufacturer.
E. Coating System
Coronado Direct to Metal Acrylic Coating System
Primer 180-11 Paint 180 or approved equal
Paint manufacturer's recommendations for painting application, such as drying time
between coats, mixing of paint, application equipment etc., shall be rigidly followed.
Materials used for touchup of coated surfaces shall be the same as those originally
applied.
Thinners, solvents and cleaners shall be as recommended by the coating material
manufacturer and shall be identified by the product number of generic formulation.
Coating materials shall be delivered to the place of application in the manufacturer's
unopened, original containers bearing a legible product designation, batch number
and date of manufacture. Containers which are damaged such that the contents are
exposed shall not be used.
The material shall be handled and stored in accordance with the manufacturer's latest
published instructions and shall be protected from damage, moisture, direct sunlight
and temperatures below 40°F or above 100°F.
Containers of coatings or components shall not be opened except for immediate use.
Materials shall be used within 12 months of their manufacture and in no case shall
exceed the manufacturer's recommended shelf life.
f. Surface Preparation
The surface to be coated must be dry, clean and free of rust, mill scale, oil, grease, or
any other surface contaminates that could affect proper adhesion. The coating life of
DTM water bom acrylic enamel is dependent on the degree of surface preparation
r+
and correct surface profile. Any oil, grease, dirt, soil or other contaminates are to be
removed per the terms of the steel structures Painting Council SSPC-SP1, SP2, or SP3.
Water blasting per NACE Std RP-01-72. Removal of oil, grease, dirt, loose rust, loose mill
scale, and loose paint by water pressures of 2,000 to 2,500 psi at flow rates of 4 to 14
gallons per minute.
If rusting occurs or if the cleaned surfaces become wet or otherwise contaminated prior
to coating, they shall be recleaned to the degree specified herein.
G. Mixing and Applying Coatings
The contractor shall be qualified to apply the specified coating material in accordance
with the manufacturer's written procedure and within guidelines set forth in this
specification.
The mixing, applying and curing of the coating material shall be in accordance with
the manufacturer's latest published instructions and the requirements specified herein.
In cases of conflict between this specification and the paint manufacturer's printed
instructions, the contractor shall notify Lubbock Power and Light requesting resolution in
writing prior to commencing with paint application.
First Coat
Spot prime any bare areas with Sherwin Williams Direct to Metal (DTM) primer finish,
B66WW10 or equal. Apply at a rate of 1.5 to 2.5 mils dry film thickness.
Second Coat
Sherwin Williams DTM primer/finish, B66WW10 or equal apply at a rate of 1.5 to 2.5 mils
dry film thickness.
Third Coat
Sherwin Williams DTM acrylic B66 series or equal. Apply at a rate of 1.5 to 2.5 mils dry film
thickness.
Total dry film thickness (newly applied material) 3.0 to 5.0 mils.
Coating materials shall be thoroughly mixed until they are smooth and free from lumps.
Mixed materials shall be agitated to keep the solids in suspension during application.
No exposed metal surfaces shall be allowed to remain uncoated overnight.
Care shall be taken to ensure the quality of prepared surfaces does not deteriorate
before the application of the paint.
The coating materials shall not be applied when there is moisture on the surface when
dust is present which dirt or other detrimental materials have decontaminated the
r surface.
I
r
Runs, sags, voids, drips, overspray, loss of adhesion, blistering, peeling, mudcracking,
inadequate cure or rusting of the substrate are not permitted. Defects shall be
corrected as detected during application of the coating.
Any deviation from the requirements contained within this specification shall be
corrected by the contractor at the contractor's sole expense, in accordance with this
specification.
In the event that spray is chosen as the method of application , the contractor is solely
responsible for drift and overspray.
H Miscellaneous
Galvanized grating shall not be painted. Grating can be removed for ease of painting
structural steel beneath. Galvanized steps shall be covered to prevent overspray
getting on steps. Grating already painted shall be painted.
Contractor shall clean up and containerize all waste resulting from contractors work.
L.P.& L. will be responsible for disposal.
Structural color shall be 247 Blue . 137 O. S. H. A. Blue. Handrails shall be 246 Yellow
color chart # 1 ma- 1001 dated 1-92.
First coat shall be lighter in color, so that final coat can be easily distinguished from
the second.
a:paintl
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rH. Inspections
After surface preparation procedures are complete, DFT measurements are to be
made on a fair sampling of the area to be painted in an effort to establish a median
DFT of existing paint.
when this median Is established it will be used throughout the project to assure that
proper paint thickness of newly applied paint is performed. Inspection can be done by
Lubbock Power and Light at any time during the painting operation.
During the surface preparation and painting phases of the operation, Lubbock Power
and Light will inspect:
`Surface preparation before painting operation
*Primed surfaces will be inspected prior to topcoating.
'Final inspection
The above "hold points" will be strictly inforced. Any operations that proceed prior to
Lubbock Power and Light's approval are subject to being re -done at the contractors
expense.
The contractor shall fumish the necessary testing and inspection instruments, properly
calibrated and maintained. Such equipment shall be available for use by Lubbock
Power and Light in conducting surveillance of the work.
Prior to using compressed air, air quality downstream of the separator shall be tested by
blowing the air onto a clean white blotter or cloth for two minutes to check for any
contamination, oil or moisture. This test shall be performed at the beginning and end of
each shift and at not less than four hour intervals. This test also shall be made after any
interruption of the air compressor operation or as required by Lubbock Power and Light.
The air shall be used only if the test indicates no visible contamination, oil or moisture. If
contaminants are evident, the equipment deficiencies shall be corrected and the air
stream shall be retested. Separators shall be bled continuously. All lines shall be tested
` individually prior to use. Surfaces which are determined to have been blasted with
contaminated air shall be reblasted with clean air and abrasive. Coatings which have
been determined to have been applied using contaminated air shall be removed and
reapplied using clean air.
The dry film thickness shall be measured with a Mikro-test FIM gauge, or an accepted
equivalent, at five evenly spaced points for each 100 square feet of surface area or at
five evenly spaced points on each piece less than 100 feet 2 in area. The testing
method shall be in accordance with SSPC PA-2. Dry film thickness minimum
requirements are wet 4.5 mills, dry, 1.8 mills per coat of new material.
The film shall be visually inspected for defects and shall meet the requirements of
Section G.
All areas of the primer coat will be inspected and approved before the second coat is
applied. When inspected if as many as five holidays are found, Inspections will cease
until the following day to allow the contractor to properly finish the primer coat. Finish
coat to be inspected under these same guidelines.
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Apr-12-96 04:25P
P.01
6701 Abctdeen Avenue
Lubbock, Texas 79424
806 * 794,p 1296
FAX 6059794.1298
ANALYTICAL RESULTS FOR
LUBBOCK POWER & LIGHT
Attentions Xen Bray
Rt. 10, BOX 31C
Lubbock, TX 79404
April 12, 1996
Receiving Data: 04/04/96
Sample Types Paint
Project Not NA
Project Location: 3500 E. Slaton Hwy.
Extraction Dates 04/09/96
AnalysLe Date: 04/11/96
Sampling Dates 04/02/96
Sample Conditions I Q C
Sample Received by; ML
Project Names NA
TOTAL Pb
TAP
FIELD CODE
(mg/kg)
T50572
soot handling equip.
53,300
T50573
Structural Steel Desert Tar,
59,400
T5O574
structural stool Alum.
4,370
T50575
Handrail Safety Yellow
14,700
QC
Quality Control
10
REPORTING LIMIT
RPO
6 Extraction Accuracy
% Instrument Accuracy
METHODS: EPA SW 846-3051, 6010.
TOTAL Pb SPIKE: 2,000 mg/kg TOTAL Pb.
TOTAL Pb QCs 10.5 tog/L TOTAL Pb.
10
15
95
98
ly_ r2.-4?dr
Director, Dr. Blair Leftwich DATE
Director, Dr. Bruce McDonall
W01[bJIT-
A Laburatory for Advancari EnVirUlITTlAMal Researrh and ArujJysis
04/12/96 17:35 TX/RX N0.7029 P.001