HomeMy WebLinkAboutResolution - 2001-R0356 - Contract For Municipal Coliseum Steam System Modifications - Ski-Hi Enterprises - 09/13/2001Resolution No. 2001
September 13, 2001
Item No. 53
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a contract for municipal
coliseum steam system modifications, per ITB ##198-01/RS, by and between the City of
Lubbock and Ski -Hi Enterprises, Ltd. of Lubbock, Texas, and related documents. Said
contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council this 13th
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
ot,��
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
William de Haas /' u-//�,,, -,--
Contract Manager/Attorney
gs://ccdocs/Ski-Hi Enterprises, Ltd.res
September 4, 2001
s
day of September ,2001.
A/�uA _
WINDY SITTON, MAYOR
r
9
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a representative of the City on the site will not relieve
the Contractor of full responsibility of complying with this provision. The specifications for materials and methods
set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to
procure a satisfactory project.
16 GUARANTEES
16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against
defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner,
a written general guarantee which shall provide that the Contractor shall remedy any defects in the work,
.� and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects
appear within ONE year from date of final acceptance of the work as a result of defective materials or
workmanship, at no cost to the Owner (City of Lubbock).
16.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and
warrants fault -free performance and fault -free result in the processing date and date -related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, software and
firmware products delivered and services provided under this Contract, individually or in combination, as
the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be
recognized and accommodated and will not, in any way, result in hardware, software or firmware failure.
The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the
procedures it intends to follow in order to comply with all the obligations contained herein.
16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-
contractor or any third party involved in the creation or development of the products and services to be
e-� delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations
contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
16.4 The warranties contained herein are separate and discrete from any other warranties specified in this
Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the
Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or
any document incorporated in this Contract by reference.
} 17 PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
.,, 18 PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
,. and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
,., (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
19 TEXAS STATE SALES TAX
19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
r++ 20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve
the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by
Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by
Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
21 BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
71 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.
22 EXPLOSIVES
22.1 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.
22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
22.3 In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
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.
23 CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful bidder shall be required to furnish the name, address and
telephone number where such local representative may be reached during the time that the work contemplated by
this contract is in progress.
24 INSURANCE
24.1 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
u cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right
to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this
contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also
shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact
business in the State of Texas and shall cover all operations in connection with this contract, whether
performed by the Contractor or a subcontractor, or separate policies shall be provided covering the
operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted before contract execution.
24.2 The insurance certificates furnished shall name the City as an additional insured, or in the
alternative, shall be accompanied by a statement from the Contractor to the effect that no work on
5
w
this particular project shall be subcontracted. It shall be the contractor's responsibility to provide
to the owner all proof of coverage insurance documents including workers compensation
coverage for each subcontractor.
25 LABOR AND WORKING HOURS
25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate that must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations
thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract
documents does not release the Contractor from compliance with any wage law that may be applicable.
Construction work under this contract requiring an inspector will not be performed on weekends or
holidays unless the following conditions exist:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a
,., diligent effort to complete the contract within the allotted time.
25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to the
weekend or holiday he desires to do work and obtain written permission from the Owner's Representative
to do such work. The final decision on whether to allow construction work requiring an inspector on
weekends or holidays will be made by the Owner's Representative.
25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such
condition so that it is no longer dangerous to property or life.
26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
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
!"7 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
w 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.
27 PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
28 PREPARATION FOR BID
28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to
do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly
and legibly, or typewritten. In case of discrepancy between the price written in words and the price written
in figures, the price written in words shall govern.
6
r
28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a
bid is submitted by a firm, association, or partnership, the name and address of each member must be
given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If
w_ the bid is submitted by a company or corporation, the company or corporate name and business address
must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the bid.
The bid shall be executed in ink.
28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
28.3.1 Bidder's name
28.3.2 Bid for (description of the project).
28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids,
but no bid may be withdrawn or altered thereafter.
** 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been
opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE,
ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
29 BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(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.
30 QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein
in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy
the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations
deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall
furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock
reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the
�-+ City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the
work described therein. Evaluation of the bidder's qualifications shall include:
(a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.
(b) The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
(c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
(d) The quality of performance of previous contracts or services.
r
31 BID AWARD
-* 31.1
The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to
waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole
discretion. Unless otherwise specified herein, the City shall award the bid based on the Total Bid Amount.
31.2
All bids are evaluated for compliance with specifications before the bid price is considered. Response to
specifications is primary in determining the best low bid. Failure to comply with the specifications may
result in disqualification of the bid.
►-, 31.3
In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be
cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to
determine possible Anti -Trust violations.
31.4
Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder
would be required to underbid the nonresident bidder in the nonresident biddershome state.
31.5
Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
State of Texas and under the laws of the State of Texas. In connection with the performance of work, the
Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all
other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
31.6
NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR
FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR
GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS
INVITATION TO BID.
r
8
No Text
r
LIt
BID SUBMITTAL
LUMP SUM BID CONTRACT
DATE: August 23, 2001
PROJECT NUMBER: #198-011RS - CITY OF LUBBOCK MUNICIPAL COLISEUM STEAM SYSTEM MODIFICATIONS
Bid of SkiHi Enterprises, Ltd.
(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 to Bid for the construction of a CITY OF LUBBOCK MUNICIPAL COLISEUM
�,. STEAM SYSTEM MODIFICATIONS having carefully examined the plans, specifications, instructions to bidders, notice to
t� 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: Forty Six Thousand Three Hundred Dollars ($ 46,300.00
SERVICES: Seventy Two Thousand Four Hundred Dollars ($ 72,400.00 )
TOTAL BID: One Hundred Eighteen Thousand Seven Hundred ($ 118,700.00 )
Dollars.
(Amount sha e shown in boin words and numerals. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) consecutive calendar days
her contract documents. Bidder hereby further agrees to pay to Owner
thereafter as stipulated in the specifications and ot
as liquidated damages the sum of $0 (ZERO DOLLARS) for each consecutive calendar day in excess of the time set forth
herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 28 of the General Instructions to Bidders.
m. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
,„ which he has bid; as provided in the contract documents.
r•R
t
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
P" certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable
-� without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the
bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all
necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for N/A
Dollars ($ — — — — — — — ) or a Bid Bond in the sum of Five Percent (5%) of Bid 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;
-j insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of
receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the
undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
Pursuant to Texas Local Government Code 252.043(a), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error in the bid
pricc-. THEREFORE, ANY CORRECTIONS TO THE BID
PRICE MW3T BE MADE ON THE BID SUBMITTAL FORM
PRIOR TO BiD OPENING.
(Seal if Bidder is a Corporation)
ATTEST:
e
cretar
I,„ Bidder acknowledges receipt of the following addenda:
P"
t M1WBE Firm:
Date: August 23 2001
Aut orized Signature
Bruce Smith
(Printed or Typed Name)
SkiHi Enterprises. Ltd
Company
Addenda No. 1
Date 8/10/0
Avenue
Addenda No. 2
Date_.,S 13 / 01
^"
Addenda No. 3
Date 8 / 1 3 / 01
w
Addenda No.
Date
P"
t M1WBE Firm:
Date: August 23 2001
Aut orized Signature
Bruce Smith
(Printed or Typed Name)
SkiHi Enterprises. Ltd
Company
311 Paris
Avenue
Address
Lubbock
Lubbock
City,
County
Texas
79401
State
Zip Code
Telephone: 806
- 741-1114
Fax: 806 -
741-1074
Woman I I Black American Native American
rI Hispanic American I I Asian Pacific American Other (Specifv)
Li1.
2.
3.
r"! 4.
5.
6.
7.
8.
9.
J10
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
N/A D 0
0 ❑
0 D
0 0
El 0
0 0
0 D
D D
D ' D
El D
3
0
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Bidder
And Attached to Bid Submittal
I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been
reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of
Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock,
furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal.
j
Bruce Smith, Vice President
C d n ractor (Signature) Contractor (Print)
CONTRACTOR'S FIRM NAME:
SkiHi Enterprises, Ltd.
(Print or Type )
CONTRACTOR'S FIRM ADDRESS: P . O. Box 2351
Lubbock, TX. 79408
Name of Agent/Broker: Tucker Agency, Inc.
' Address of Agent/Broker: 206 E. 8th Street- Suite 210
City/State/Zip: Fort Worth, TX. 76102
Agent/Broker Telephone Number: ( 817 ) 336-8520
Date: 8/23/01
NOTE TO CONTRACTOR
If the time requirement specified above isnot met, the City has the right to reject this bid/proposal and
award the contract to another contractor. If you have any questions concerning these requirements,
please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165.
o-* BID #198-01/RS -CITY OF LUBBOCK MUNICIPAL COLISEUM STEAM SYSTEM MODIFICATIONS
4
7
CITY OF LUBBOCK
CONTRACTOR NOTIFICATION AND ACKNOWLEDGMENT
of the presence of asbestos containing buildin1-' materials (ACBM)
The purpose of this document is to advise the contractor/bidder of the presence and location o1'
ACBM in the building(s) indicated below. The City of Lubbock makes this notification in'our
continuing effort to comply with all the environmental and hTiman health protection laws
associated with asbestos.
Municipal Auditorium, located at 2720 6°i Street, in Lubbock, contains asbestos containing
building materials (ACBM). The description of the known materials and their locations is listed
below.
Type / Location: Mudded joints & elbows on domestic waterlines and boiler supply lines, boiler
insulation, ra mudded oints & elbows on original chiller lines / Basement
Type / Location: Black mastic. under 9" X 9" floor the tan with dark & light accents /. through
out building
Type / Location: Gypsum wallboard tape & bedding / Orchestra pit
Type / Location: Blom on acoustical treatment on scratch coat / Inner- lobbv above both silver
stripped ceilin s
Type / Location: Fiberglass lines with black fittings on chiller lines / Stage lighting trough,
crawl space between balcony & ground level ceiling
Type / Location: Black tar covering fiberglass insulation on expansion tank / Lighting trough
The above should not be considered a complete and/or exhaustive list of ACBM in this structure.
Materials can be encased behind walls and not readily visible or accessible.
Your signature below indicates your acknowledgement and agreement of the following: 1) You
have been notified of the presence and location of known ACBM, 2) You will avoid the
disturbance of known ACBM unless trained, licensed, and authorized to do so, and 3) You will
advise a City representative in the event of any accidental disturbance of the ACBM listed above.
Please return the original, signed version with your bid submittal.
Contractor Name: SkiHi Enterprises, Ltd
Contractor Representative: B uce Smit
Contractor Signature:-�-
��' Date: 8/23/01
Attention Purchasing dept: i'lease forward the signed document to the Facilities Management deparin:,nt, glut: Asbestos ('c,ordinateir
r
City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
162513 TH STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167
FAX:(806)775-2164
http://purchasing.ci.lu bbock.tx.us
MAILED TO VENDOR:
ITB #198-01/RS, Addendum #1
ADDENDUM #1
(TB #198-01 /RS
City of Lubbock Municipal, Coliseum
Steam System Modifications
August 10, 2001
CLOSE BATE: August 14, 2001 @ 2:00 P. M.
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
SECTION 15610 - METERING has been replaced with the following:
PART 1 - GENERAL
1.01 NOTE
A. Conform with applicable provisions of the General Conditions, Special Conditions, General
Requirements and Supplemental Conditions.
1.02 SUBMITTALS
A. Submit manufacturer's data on all materials.
1.03 SCOPE
A. This section of the specifications comprises the furnishing of all labor, materials, transportation,
tools and appliances and in performing all operations in connection with the installation of
equipment for metering and displaying the Pounds of steam flowing from Texas Tech University
Central Plant to the City of Lubbock Coliseum/Auditorium and metering and displaying the
pounds of condensate flowing from the City of Lubbock Coliseum/Auditorium to the Texas Tech
University Central Plant. All metering equipment shall be installed in strict accordance with the
manufacturer's directions.
1.04 EQUIPMENT
-, A. The steam meter shall be installed in the steam piping in the basement of the Auditorium. The
F condensate meter shall be installed in the condensate piping in the basement of the
Auditorium. One shall measure steam and the other shall measure condensate. Both meters
shall provide flow readouts in the Auditorium basement and in the Texas Tech University
Central Plant.
B. The Steam meter shall be a Model Micro Motion Coriolis ELITE sensor, 3" 316L STAINLESS
STEEL Process Connections 3" ANSI 150 -Ib. weld neck raised face flange. Case options
^^ standard pressure containment, Electronic interface 9 -wire j -box. Integral mount transmitter
with flow meter. Output 4-20mA with HART, 0-1 K Hz frequency. Power 85-250 VAC display.
3/" NPT conduit connections: no glands, approvals UL. Ordering nos.
CMF300M355NRAUE777 (sensor), and IFT9701 RGN3U (remote transmitter) as per MMI
Proposal #FRQ01-07630809-2.
C. The condensate meter shall be a Model Micro Motion Coriolis R -Series 1, 1 -inch 316L
stainless steel flow meter configuration with integrally mounted IFT9703 or 5300 transmitter (at
198-01 /RSadd1
ITB #198-01/RS, Addendum #1
time of purchase). Process connections 1" ANSI 150 -Ib weld neck raised face flange.
Approvals. UL.
D. Contractor shall obtain start-up assistance and operational training from the manufacturer.
E. Provide and install a pair of 24 AWG shielded conductors for each utility measurement of
steam use and condensate recovery. These conductors shall be in 3/4" rigid galvanized steel
conduit using NEMA 3R pull boxes and splice cabinets. These conduits shall run through the
utility tunnel from the City of Lubbock Auditorium/Coliseum to the Texas Tech University
Central Utility Plant No. 1. The conduits shall be extended to existing cable trays. The
approximate cable length of the runs is 4,300 ft. Cable shall have insulation rated for 600 volts.
All requests for additional information or clarification must be submitted in writing and directed to:
Ron Shuffield, Senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to : (806)775-2164
or Email to: RShuffield@mail.ci.lubbock.tx.us
THANK YOU,
CITY OF LUBBOCK
4 .
Ron Shuffield .
Senior Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID.
198-01/RSaddl `
City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
162513 T11 STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167
FAX:(806)775-2164
hftp:l/purchasing.ci.lubbock.tx.us
MAILED TO VENDOR:
QLD CLOSE DATE:
NEW CLOSE DATE:
ITB #199-01/RS, Addendum 42
ADDENDUM #2
ITB #198-01 /RS
City of Lubbock Municipal Coliseum
Steam System Modifications
August 13, 2001
August 14, 2001 @ 2:00 P. M.
August 23, 2001 @ 4:00 P. M.
The fo!lowing items.take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
1. The closing date for this bid has been changed from August 14, 2001 at 2:00 p. m. to the new
closing date of August 23, 2001 at 4:00 p. m.
All requests for additional information or clarification must be submitted in writing and directed to:
Ron Shuffield, Senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to: (806)775-2164.
or Email to: RShuffield@mail.ci.lubbock.tx.us
198-01/Rsadd2
THANK YOU,
CITY OF LUBB K
Ron Shuffield
Senior Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID.
e.w
City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
1625 13T" STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167
"? FAX:(806)775-2164
http:/Ipurchasing.ci.lubbock.tx.us
ITB #198-01/RS, Addendum #3
ADDENDUM #3
ITB #198-01 /RS
City of Lubbock Municipal Coliseum
Steam System Modifications
MAILED TO VENDOR: August 13, 2001
CLOSE DATE: August 23, 2001 (a7 4:00 P. M.
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
Please note the following clarifications:
a) A direct wiring run from the steam and condensate meters to the cable trays in the Texas
Tech University tunnel is approximately 550 feet. However, if the run follows the existing
piping support system it is approximately 750 feet. The control wiring must be in conduit or
supported in cable trays (north tunnel). All four 24 AWG shielded conductors will fit in one 3/<"
conduit.
b) The cable trays in the TTU tunnel run from the vault where the Coliseum/Auditorium tunnel is
connected to the Central Plant for a distance of approximately 3,225ft.
c) 'At the Central Plant the wiring must go through one control box to a second and then into the
main control room and installed in PLC (Programmable Logic Circuit) #1 control panel.
Approximately 300 feet of wire and conduit will be required.
`! d) As stated in the original specifications there will be total of approximately 4,300 feet of cable
required. These cable quantities have been approximated from a revue of the scaled
construction drawings for the Texas Tech University North Tunnel. This quantity is not
guaranteed. The Contractor will be responsible for providing the cable and conduit required.
All requests for additional information or clarification must be submitted in writing and directed to:
Ron Shuffield, Senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to:
or Email to:
198-01lRsadd3
(806)775-2164
RShuffield@mail.ci.lubbock.tx.us
THANK YOU,
7C OP BOC
R n S uffield
Senior Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID.
r
Bid Bond
w Surety Department
KNOW ALL MEN BY THESE PRESENTS,
That we, SUM Enterprises, Ltd., as Principal, hereinafter called the Principal, and the Colonial
American Casualty and Surety Company, a corporation created and existing under the laws of the State
of Maryland, whose principal office is in Baltimore, MD, as Surety, hereinafter called the Surety, are
held and firmly bound unto City of Lubbock, Texas, as Obligee, hereinafter called the Obligee, in the
sum of Five percent (5%) of the amount bid Dollars ($---------), for the payment of which sum, well
and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors;
administrators, successors and assigns, jointly and severally, firmly by these presents.
Whereas, the Principal has submitted a bid for
., NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be
specified in the bidding or contract documents with good and sufficient surety for the faithful performance
of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or
in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the. penalty hereof between the amount
~° specified in said bid and such larger amount for which the Obligee may in good faith contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to
remain in full force and effect.
Signed and sealed this 14th day of An", A.D. 2001.
Attest: SME Enterprises, Ltd.
ipal)
By: 1 By 1 � � (SEAL)
Ii Richard SZprerS'ideht
Witness: Colonial American Casualty and
Surety Company
,"By
Tracy cker, Attorney -in- ct (SEAL)
Form S-32664 Printed in U.S.A. 12-70
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: P.O. BOX 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are
hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Tracy Tucker, Tobin Tucker and W.
Lawrence Brown, all of Ft. Worth, Texas, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and
on its behalf as surety, and as its act and deed: any and all bonds and undertakings EXCEPT bonds on behalf of Independent Executors,.
Community Survivors and Commumity Guardians; and the execution of such bo ds or undertakin in pursuance of these presents, shall be as binding upon
said Companies, as fully and amply, to all intents and purposes, as if they had execut acknowledged by the regularly elected officers of the
respective Companies at their offices in Baltimore, Md., in their own proper This po omey revokes that issued on behalf of Delbert Tucker,
eta], dated January 4, 1995.
The said Assistant Secretary does hereby certify that the extract set f e rev,reof is a true copy of Article VI, Section 2, of the respective
By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant have he subscribed their names and affixed the Corporate Seals of the said
FIDELITY AND DEPOSIT COMPANY OF MARYLAND and NIAL A AN CASUALTY AND SURETY COMPANY, this I st day of July,
A.D. 1997.
ATTEST:
0
`SEAL
I
State of Maryland
County of Baltimore )
FIDELITY ANDA SIT CO Y OF MARYLAND
u
W. B. Walbrecher Vice -President
TY AND SURETY COMPANY
By: l _P.yOI�[�Q�Otci ,•
W. B. Walbrecher Vice -President
On this 1st day of July, A.D. 1997, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B.
WALBRECHER, Vice -President and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they
are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the
said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
'r arol J. F erNotary Public
M Com sion Expires: August 1, 2000
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and
effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional
Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced sea] of the company and facsimile or mechanically reproduced signature of any
Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power
of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this
14th day of August 2001
x.11" _44aa�;Z1
Assistant Secretary
s" L1428-168-2829
e�
CITY OF LUBBOCK
CONTRACTOR NOTIFICATION AND ACKNOWLEDGMENT
of the presence of asbestos containing building materials (ACBM)
e. w
The purpose of this document is to advise the contractor/bidder of the presence and location of
ACBM in the building(s) indicated below. The City of Lubbock makes this notification in our
continuing effort to comply with all the environmental and human health protection laws
associated with asbestos.
Municipal Auditorium, located at 2720 6"' Street, in Lubbock, contains asbestos containing
building materials (ACBM). The description of the known materials and their locations is listed
below.
Type / Location: Mudded joints & elbows on domestic waterlines and boiler supply lines, boiler
insulation ;;ray mudded joints & elbows on original chiller lines / Basement
Type / Location: Black mastic under 9" X 9" floor the tan with dark ,& light accents / through
out buildin>?
.,, Type / Location: Gypsum wallboard tape & bedding / Orchestra pit
Type / Location: Blown on acoustical treatment on scratch coat / Inner lobby above both silver
stripped ceilings
Type / Location: Fiberglass lines with black fittings on chiller lines / Stage, lighting trough,
crawl space between balcony & ground level ceiling
Type / Location: Black tar covering fiberglass insulation on expansion tank / Lighting troug
The above should not be considered a complete and/or exhaustive list of ACBM in this structure.
Materials can be encased behind walls and not readily visible or accessible.
Your signature below indicates your acknowledgement and agreement of the following: 1) You
have been notified of the presence and location of known ACBM, 2) You will avoid the
disturbance of known ACBM unless trained, licensed, and authorized to do so, and 3) You will
advise a City representative in the event of any accidental disturbance of the ACBM listed above.
Please return the original, signed version with your bid submittal.
Contractor Name:
Contractor Representative:
Contractor Signature:
Date:
Attention Purchasing dept: Please forward the signed document to the Facilities Management department, Attn: Asbestos Coordinator
PAYMENT BOND
BI S' Rpt $ '^ +
TEXAS
Bond #PRF08547686
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
t:
KNOW ALL MEN BY THESE PRESENTS, that SkiHi Enterprises, Ltd. (hereinafter called the Principal(s), as
i Prncipal(s), and
Colonial American Casualty and Surety Company
(hereinafter called the Surety(s), as Sudrely(si,), are held and finniy bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of �unae$dno%II�en_thousand_seven Dollars ($ 118,700.00) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 13th day of
September 20 01 ,fbr Bid #198-01/RS - City of Lubbock Municipal Coliseum
Steam System Modifications
and said Principal under the law is required before carnmencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as
if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall 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
13th day of September 2001 .
Colonial American Casualty rises, Ltd. SkiHi Enter
and Surety Company P
Surety (Company Name)
B ---- By: Richard Skipper
Tr5e—) acy Tucker, Attorney -in -Fact rioted Name)
igna ure
President
(Title)
L-1
The undersigned surety company represents that it is duly qualified to do business in Texas, and 'hereby
designates Howard Cowan 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.
Colonial American Casualty
and Surety Company _
Surety
" By: _.
r
itle} acy Tucker
Attorney -in -Fact
Approved as to form:
Cy
it of Lubbock
By:
City Attorney
Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by -taws 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.
r
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: P.O. BOX 1227, BALTIMORE, MD 21203-1227
,., Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are
hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Tracy Tucker, Tobin Tucker and W.
Lawrence Brown, all of Ft. Worth, Texas, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and
on its behalf as surety, and as its act and deed: any and all bonds and undertakings EXCEPT bonds on behalf of Independent Executors,
Community Survivors and Commumity Guardians; and the execution of such bo ds or undertaken in pursuance of these presents, shall be as binding upon
said Companies, as fully and amply, to all intents and purposes, as if they has u execut acknowledged by the regularly elected officers of the
respective Companies at their offices in Baltimore. Md., in their own proper This po e omey revokes that issued on behalf of Delbert Tucker,
etal, dated January 4, 1995.
The said Assistant Secretary does hereby certify that the extract set f �he revers .o reof is a true copy of Article VI, Section 2, of the respective
By -Laws of said Companies, and is now in force. f
IN WITNESS WHEREOF the said Vice -President and Assistant h have he v
r*+ �subscnbed their names and affixed the Corporate Seals of the said
FIDELITY AND DEPOSIT COMPANY OF MARYLAND and NIAL AC�AN CASUALTY AND SURETY COMPANY, this 1st day of July,
A.D. 1997. n
ATTEST: FIDELITY AND),SIT COEiY OF MARYLAND
O ~ Y.
o SEASBy:i�Q(e
T. E. Smith ^O sistant Sec W. B. Walbrecher Vice -President
COLONIALQERIC&UALTY AND SURETY COMPANY
X ELl9' ,. �. _ By: [ 24KOW
+ /01 T. E. Smithl O ant Secretary W. B. Walbrecher Vice -President
State of Maryland } ss:
County of Balfunore J
On this 1st day of July, A.D. 1997, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B.
WALBRECHER, Vice -President and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they
are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the
said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
G
Z5��
arol J. F ,-, Notary Public
M3(ComnOsion Expires: August 1, 2000
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY
e� AND SURETY COMPANY, do herebycertify that the original Power of Attorney of which the foregoing is a full, true and correct
fy b Y foregoing copy, is in full force and
effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional
Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the respective By -Laws
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990 and of the Board of Directors of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power
of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this
13th day of September 2001
Assistant Secretary
L1428-168-2829
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize
any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies,
contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature
of mortgages,... and to affix the seal of the Company thereto.'`
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize
any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies,
contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature
of mortgages.... and to affix the seal of the Company thereto."
TUCKER AGENCY, INC.
Bonds and Insurance
206 E. Eighth St., Suite 210
Fort Worth, Texas 76102
(817) 336-8520
Pon
4
o Fidelity and Deposit Company of Maryland
Home Office: P.O. Box 1227, Baltimore, MID 21203-1227
EWPORTANT NOTICE
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and
Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for
information or to make a complaint at:
1-800-654-5155
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights, or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Boz 149104
Austin, TX 78714-9104
FAX 9 (512) 475-1771
PRENHUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial
American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does
not become a part or condition of the attached document.
S8543fTM (08/01)
No Text
PERFORMANCE BOND
D CHECK a
BON
BEST RATMNIG
LICENSED ±� i'EnPIS
1 2- BY
Bond #PRF08547686
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253A21(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
SkiHi Enterprises, Ltd.
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
Colonial American Casualty and Surety Company
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in t; e amount of Rnned e don ei en_thousand_segen ,700.00 lawful money of t,�c
$ �'g Dollars ($ 11a ) y 4
" United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminic.lratcrs,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has enterer' into a certain written contract with the Obligee, dated theAth da cf
9 � y
a September 20 o1, for Bid #198-01/RS — City of Lubbock Municipal Coliseum
Steam System Modifications
i_ and said principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as
if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section, 2253.021(a) of the
Texas Government Code, and all liabilities on this bond snail be determined in accordance with the provisions of said
article to the same extent as if it were copied at 1p-ngth herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s)have signed and sealed this instrument this 13th
day of September 2001
Colonial American Casualty
and Surety Company SkiHi Enterprises, Ltd. _
Surety (Company Name)
* y: By: Richard'Skipper
e, Trac Tucker, Attorney—in—Fact r nted Name)
ignatur `�LIV
President
(Title)
is
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates Howard Cowan an agent resident in Lubbock County to whom any requisite notices may be delivered and on
7whorn service of process may be had in matters arising out of such suretyship. Colonial American Casualty
and Surety Company
Surety
(Title) Tr Tucker'___
Approved as to Form
i City of Lubbock
�By:
City Attorney
Note: if signed by an officer of the Surety Company, there must be on fileea certified
act, extract
from have the b yloiJpowervoing
f°^ that this person has authority to sign such obligation. if signed by an Attorney
in attorney for our files.
CERTIFICATE OF INSURANCE
Sep.17 U1 11:18a SKIHI ENTERPRISES 8179231192 p.12
F
CERTIFICATE OF INSURANCE
., TO: CITY OF LUBBOCK DATE: October 3, 2001
P.O. BOX 2000
LUBBOCK, TX 79457 TYPE OF PROJECT: Municipal Coliseum
P 0 Box 11618 Steam System Modifications
P"! THIS IS TO CERTIFY THAT Skixi Enterprises, Ltd., Ft Worth, Tx 76110 (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 this company, the further
n hereinafter described. Exceptions to standard policy noted hereon.
TYP�OF SURANCE
POLICY NUMBER
EFFECTIVE EFFECTIVE
LIMITS
DATE DATE
GENERAL LIABILITY2,000,000
IX Commercial General Liability
General Aggregate S
CON50833897
7-15-01 7-15-02
Products-Comp/Op AGG $2,000,00_0
! i Claims Made
Personal & Adv_ Injury $1,000,000
$ Occurrence
r
I Owner's &Contractors Potectiu
Each Occurrence $ 1,000,000
Fire Damage (Any one l=ire) $50,000
Med Exp (Any one Person) $5,000
$ —
$
AUTOMOTIVE LIABILITY
Combined Single Limit$ —
C Any Auto
0AI(
Bodily Injury (Per Person)
Owned Autos
Bodily Injury (Per Accident)
0 Scheduled Autos
$
Property Damage $
U Hired Autos
1J Non -Owned Autos
0 �.—
GARAGE LIABILITY
Auto Only -Each Accident $
0 Any Auto
Other than Auto Only:
r
Each Accident $
Aggregate $
0 BuILDL-R'S RISK
$
f. 100% of the Total Contract Price
$
p INSTALLATION FLOATER
EXCESS LIABILITY
KI Umbrella Form
QK06800005
7-15-01 7-15-02
Each Occurrence $ 5,000,000.
5,000,000
Aggregate $ _
$
U Other Than Umbrella Form
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
Ott
TC250833988
7-15-01 7-15-02
Statutory Umits
The Proprietor/ Included
Each Accident g 500,000
Partners/Executive U Excluded
Disease Policy Limit $ 500,000
Officers are:
Disease -Each Employee $ 500,000
OTHER
Waiver of subrogation in favor of City of Lubbock on all policies.
City of Lubbock is additional insured on general liability and umbrella policies.
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer
there isnolegal requirement, inred after the insured l ss than five days in advance of cancellation.
FIVE
of such change or
cancellation, or to ca 9
FIVE COPSES OF THE CERTIFICATE OF INSURANCE a of Tucker enc surer)
Inc.
MUST BE SENT TO THE CITY OF LUBBOCK B
Title: thor zed Repres tative
ACORD CERTIFICATE OF LIABILITY INSURANCE 1tH0/02/2001
915) 570-3456 FAX (915) 570-3450 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PRODUCER
( ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Gallagher Inwest HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
110 N. Marienfeld St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 330 INSURERS AFFORDING COVERAGE
Midland, TX 79701
INSURED Sandia Construction, Inc. - INSURER A: COIIIgIerCia� Union Lloyds (CGU)
2723 81st Street INSURERB: Commercial Insurance Co. (CGU)
Lubbock, TX 79423 INSURER C: General Accident Ins. Co. (CGU)
INSURER D: Fireman's Fund (McGee)
r
0
r
CERTIFICATE HOLDER
CITY OF LUBBOCK
Purchasing Department
Room L04, Municipal Building
1625 13th Street
Lubbock, TX 79401
INSURER LETTER:
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Vh.
INSURER E:
e
COVERAGES
r-
./NSR
I LTR
THE
ANY
MAY
POLICIES.
POLICIES OF INSURANCE LISTED
REQUIREMENT, TERM OR CONDITION
PERTAIN, THE INSURANCE AFFORDED
AGGREGATE LIMITS SHOWN
BELOW HAVE BEEN ISSUED TO THE INSURED NAMED RESPECT
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
T T THE POLICYTHIS
TO WHICH THIS
ALL THE TERMS, EXCLUSIONS
POLICY EXPIRATION
PERIOD INDICATED. NOTWITHSTANDING
CERTIFICATE MAY BE ISSUED OR
AND CONDITIONS OF SUCH
TYPE OF INSURANCE
POLICY NUMBER
R694831
POLICY EFFECTIVE
DATE MMIDDNY
02/17/2001
DATE MMIDONY
02/17/2002
LIMITS
EACH OCCURRENCE $ 11000,000
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE l "I OCCUR
FIRE DAMAGE (Any one fire) $ 100,000
MED EXP (Any one person) $ 5,000
,000,000
PERSONAL & ADV INJURY $ 1'000'000
GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COMP/OP AGG $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY JECOT- LOC
AUTOMOBILE
LIABILITY
RAG53460
02/17/2001
02/17/2002
COMBINED SINGLE LIMIT $
(Ea accident)
!r wt
X
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY $
(Per person) 1,000100(
n.�
B
X
X
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
(Per accident)
AUTO ONLY - EA ACCIDENT $
GARAGE LIABILITY
ANY AUTO
OTHER THAN EA ACC $
AUTO ONLY: AGG $
F"!
,,,,,,,
V03780
02/17/2001
02/17/2002
EACH OCCURRENCE $ 2,000,00,
EXCESS LIABILITY
D CLAIMS MADE
AGGREGATE $
_
$
$
pow
LE
N $
$
WIABILITY
PENSATION AND
LORK16
180984
62/17./2001
02/17/2002
X TORY LIMITS ER
E.L. EACH ACCIDENT $ 1,000,00
E.L. DISEASE - EA EMPLOYE $ 1,000,00
E.L. DISEASE - POLICY LIMIT $ 1, 000, 00
XI977020308/16/2001
08/16/2002 S5,000,000 at jobsite
Risk
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Project #206-01/RS - Lubbock Power & Light Engineering Office Renovations
dditional insured in favor of the certificate holder as required by written contract on the general
iability and automobile liability. Waiver of subrogation on the workers compensation, general
iability and automobile policies in favor of the certificate holder as required by written contract.
r
0
r
CERTIFICATE HOLDER
CITY OF LUBBOCK
Purchasing Department
Room L04, Municipal Building
1625 13th Street
Lubbock, TX 79401
INSURER LETTER:
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Vh.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
2
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, anew 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 ten (10) days after the
contractor knew or should have known, of any change that materially affects the provision of coverage of
any person providing services on the project;
(7)
post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19 -point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional words
or changes:
2
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
om
3
pip%
i
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 13' day of September, 2001 by and between the City of
Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do
so, hereinafter referred to as OWNER, and SkiHi Enterprises, Ltd. of the City of Lubbock, County of Lubbock and the
State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #198-01/RS - CITY OF LUBBOCK MUNICIPAL COLISEUM STEAM SYSTEM MODIFICATIONS - $118,700.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract
documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
ATTEST: CI LUBBDC , TEX (O )
By:
Se retary MAYOR
APMOVED AS TOCONTENT:
+ ��, 64
.,4 zZ�
Owner's R resentative
APPROVED AS TO FORM:
ty Attorney
CONTRACTOR:
;< lir ' J
By:
PRINTED NAME: 13,mu'�. !SiVrri7Y
TITLE:
ATTEST: COMPLETE ADDRESS:
Corporate Secreta r 'y SkiHi Enterprises, Ltd.
311 Paris Avenue
.ti Lubbock, Texas 79401
w
GENERAL CONDITIONS OF THE AGREEMENT
R
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
.as
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of
Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit SKIHI ENTERPRISES, LTD. who has agreed to perform the work embraced in
this contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
u .
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative FREDDY CHAVEZ ASSISTANT MANAGER, so designated
who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors
as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or
inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the
Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder
for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to
herein as the "contract" or "contract documents".
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
*+ words of like import are used, it shall be understood that the direction, requirement, permission, order, designation
or prescription of the Owner's Representative is intended; and similarly, the words Approved, "Acceptable,"
"Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's
Representative.
6. SUBCONTRACTOR
-, The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
7 WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
-- the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last
business address known to the party who gives the notice.
8. CONTRACTOR'S. RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and. pay for all materials, supplies, machinery,
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
t
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 any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the
quality or quantity of the work, nor will Owner's Representative be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the
Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the
Contractor's failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems
said lines and grades are necessary for the commencement of the work contemplated by these contract
documents or the completion of the work contemplated by these contract documents. Whenever necessary,
Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but
such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore.
The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless
destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be
replaced by the Owner's Representative at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative has the authority to review all work included herein. The Owner's Representative has the authority
to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The
Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under the contract documents, and shall determine all questions in relation to said work
and the construction thereof, and shall, in all cases, decide every question which may arise relative to the
execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be
conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
„ The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or
work described in words which so applied have well known, technical or trade meaning shall be held to refer such
recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
F”
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the
quality or quantity of the work, nor will Owner's Representative be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the
Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the
k. Contractor's failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems
said lines and grades are necessary for the commencement of the work contemplated by these contract
documents or the completion of the work contemplated by these contract documents. Whenever necessary,
Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but
such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore.
The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless
destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be
replaced by the Owner's Representative at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative has the authority to review all work included herein. The Owner's Representative has the authority
to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The
Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under the contract documents, and shall determine all questions in relation to said work
and the construction thereof, and shall, in all cases, decide every question which may arise relative to the
execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be
.� conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
2
calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
y 15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may
deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said
material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall
furnish all reasonable aid and assistance required by the'subordinate engineers, supervisors or inspectors for the
proper inspection and examination of the work. The Contractor shall regard and obey the directions and
instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and
instructions are consistent with the obligations of this Agreement and accompanying plans and specifications
provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or
inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's
Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any
and all objection or objections shall be deemed waived.
16. CONTRACTOR'S DUTY LAND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory
to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions
given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate
supervision by competent and reasonable representatives of the Contractor is essential to the proper performance
of the work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work.
?" 17. CONTRACTOR'S UNDERSTANDING
i
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms
or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
" Representative and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense.
18. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
P" incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
3
r
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is
also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of
any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such
structure shall at all times be maintained in a manner satisfactory to the Owner's Representative.
r•
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be
approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor
... shall make necessary arrangements and provide proper facilities and access for such observation and testing at
any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any
observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the
time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any
such work found to be defective or not in accordance with the contract documents, regardless of the stage of its
completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has
previously accepted the work through oversight or otherwise. If any such work should be covered without
approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for
examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at
a location where it is not convenient for Owner or Owner's Representative to make observations of such work or
require testing of said work, then in such event Owner or Owner's Representative may require Contractor to
g. 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 bylaw or the contract documents.
,, If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative,
be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective,
and shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not
in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
4
!'A
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
*-• claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
k said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
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 lesser of the following: (1) actual field cost of the
extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged
by a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, 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 Contractor for its profit,
overhead, general superintendence and field office expense, and all other elements of cost and expense not
embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office
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."
5
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of
any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the bid, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
., contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in
these plans, specifications, or contract documents, shall be given to the Owners' Representative and a
clarification obtained before the bids are received, and if no such notice is received by the Owner's
Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands
the work to be included and has provided sufficient sums in its bid to complete the work in accordance
with these plans and specifications. If Contractor does not notify Owner's Representative before bidding
of any discrepancies or omissions, then it shall be deemed -for all purposes that the plans an
specifications are sufficient and adequate for completion of the project. It is further agreed that any
request for clarification must be submitted no later than five (5) calendar days prior to the opening of
bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
t'^ If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
�- 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment
and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold
harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any
manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject
matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
...
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
6
?FIR
are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
,.. supervise safety precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and
its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance,
rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of
" payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in
i conformity with the provisions hereof shall establish such waiver..
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor,
or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance
specifying each and all coverages shall be submitted prior to contract execution.
The insurance certificates furnished shall name the City of Lubbock as an additional insured, or in the
alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this
particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner
all proof of coverage insurance documents including workers compensation coverage for each
subcontractor.
A. General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000.000.00
Combined Single Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
B. Owner's and Contractor's Protective Liability Insurance.
For bodily injuries, including accidental death and or property damage, $500.000.00 Combined Single
Limit. This policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500.000.00 Combined Single Limit,
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and
Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job
7
3
and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance/Installation Floater Insurance.
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract rice (100% of
i potential loss) naming the City of Lubbock as insured.
R E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of S0 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least 500 000.00.
1 • Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of author'
to self -insure issued by the commission, or a coverage agreement (TWCC-81 TWCC-82 TWCIC
83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's
or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor
Code) - includes all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted directly with
the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on
the project, for the duration of the project.
3• The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during
duration of the project, the Contractor must, prior to the end of the coverage period, file a new e
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
N
0
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
r
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
r« project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
�+ the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
•► whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
e• 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
r
G
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.
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.
(g) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
f
(e)
governmental entity will have on file certificates of coverage showing coverage or
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;
10
erg.
(iv)
(v)
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the
commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions.";
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;
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
11
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any additional
words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services
related to this construction project must be covered by workers' compensation
insurance. This includes persons providing, hauling, or delivering equipment or
materials, or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 592/440-3789 to receive
-+
information of the legal requirements for coverage, to verify whether your
employer has provided the required coverage, or to report an employer's failure to
provide coverage;" and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
erg.
(iv)
(v)
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the
commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions.";
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;
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
11
(2) prior to the end of the coverage period, a new certificate of coverage
r, 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" (vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i) -(viii), with the certificate of coverage to be provided to
the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS
OF MACHINERY, EQUIPMENT AND SUPPLIES
r
Without limiting, in anyway, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless
against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way,
manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of
machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract
and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish
satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or
waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of
those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five
(5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain
unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a
sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such
indebtedness.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and
save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except
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, and all of its officers,
agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the
contrary, if the material or process specified or required. by Owner and/or this contract is an infringement, the
Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to bidding.
12
;wl�
32
33.
34.
35
LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form,
the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the
Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor
observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in
writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the
work. In the absence of timely written notification to Owner's Representative of such variance or variances within
said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or
local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors
perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's
Representative, Contractor shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as
the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as
though embodied herein.
SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this
contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required
in the performance of this contract, shall not relieve the Contractor from its full obligation
provided by the contract documents. s to the Owner, as
TIME FOR SUBSTANTIAL 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 documents, of work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in
this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner
may withhold permanently from Contractor's total compensation, the sum of $0 (ZERO 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
working day that the Contractor shall be in default after the time stipulated for substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and
is expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS
OF THE ESSENCE OF THIS CONTRACT.
TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute its 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
13
P,
-60
when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may
•, direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the
construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the
�..9 Contractor will start the several parts of the work and estimated dates of completion of the several parts.
�*+ 36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and
has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that
it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been
delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors
employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public
enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all
justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days
of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the
extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial,
and final. Further, in the absence of timely written notification of such delay and request for extension, as provided
herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in
which event, such expense as in the sole judgment of the Owner's Representative that is caused by such
stoppage shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract islet on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated
to be estimates, for the various classes of work to be done and material to be furnished under this contract, they
are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing
their bids offered for the work. In the event the amount of work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without
limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees,
14
against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising
from or growing out of the performance of this contract.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by
the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to
receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all
expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner
and according to this agreement, the attached specifications, plans, contract documents and requirements of
Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's
agents and employees, which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for
partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine
the amount to be partially paid. Owner's Representative shall review said application for partial payment if
submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a
certificate for partial payment showing as completely as practical the total value of the work done by the Contractor
up to and including the last day of the preceding month. The determination of the partial payment by the Owner's
Representative shall be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the
Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of the contract documents.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said
partial payment is attributable.
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
., the work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
15
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final
completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or
warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. if Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
- _ Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which
shall appear within a period of one (1) year from the date of certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
^°+ the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
(a) Defective work not remedied and/or work not performed.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
o,x 47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's
- Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed
denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed
that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor,
and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and
Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the
16
ch
rs are
t with this
ract, then
written orders of the Owner's Representative,
w it n e ucomplete the work andna copy of said tnot ce shallhbeSurety
on the bond shall be notified i 9 and directed tocomp
delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no
further notice of such non-compliance to Contractor shall be required.
remove
rom the work
After receiving said notice of abandonment or
non-compliance
on the jobebut the samehtolg ether w th afny mater als andy
machinery, equipment, tools, materials or supplies es then
equipment under the conract forotwner or the Surety of the
nt actor,/in completion ofork, may be he work; and the Contractor r use on the work by the Oshall not receive any rental or
Contractor; or another cbe allowed as
credit therefore (except whencontract); it being unon with Extra derstood ood that the use of such equipork, where credit ment and materials ill or
under paragraph 24 of this
ultimately reduce the cost to complete the work and be reflected in the final settlement.
fai
to
th the
In the event the Contractor, or Surety,10 calelchever is applicable, ndar days after ervice of such lnot notice, and/or ha compliance
to proceed with hereinbefore provided within ten ( ) terms
diligence to complete the project as exerci
se any and and in alll remedies available toance with lit pursuant to law, contract, equity or
provisions of the contract
documents, then the Owner may
otherwise, including, but not limited to, providing for completion of the work in either of the following elective
manners:
equipment, tools, materials and
(a) The Owner may employ such force of men and use of machinery,
supplies as said Owner may deem necessary to complete the work and charge the expense of such tabor,
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
e Contractor under and by virtue of this Agreement. In case such expense is less than
become due to th
n payable under
the sum which would have bee te'differe difference. Ia
the In case such expense s greater than the
^* Contractor, then said Contractor shall receive
sum which would have been payable under this contract, if the same had been completed by said
Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or
ed as
uired by law, at
st twice in a newspaper
.s., (b) The Owner, eral c rculat on in the Countty oice flocationof the gcwork, may et the
gcontract for the completion of
having a g
the work under substantially the same terms and conditions which are provided in this contract. In case o
** any increase in cost to the Owner under the new contract as compared to what would have been the cost
under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain
bound therefore. Should the cost to complete any such new contract prove to be less than that which
would have been the cost to complete the work under this contract, the Contractor or his Surety shall be
credited therewith.
In the event the Owner's Representative elects to complete the work, as described above,
when the work shall
and
fication of completion
^^^ have been finally completed, the Contractor and
his shall be issuedurety ! A complbe so ete notified
zed statement of the co t act
provided in paragraph 44 hereinabove set for then be
accounts, certified to be Owner's applicable, able, whereon the Cove as nt actor or his correct llSurety Surety, the aOw Owner as the case may be,
.� Contractor and his Surety, pp
ment within 30 days after the date of certification of completion.
shall pay the balance due as reflected by said state
the work is less
han that which
In the event the statement of Owneraccounts shows that the cost to had the work been completed by the Cont act r under tthe terms of this contract,
have been the cost to the
or when the Contractor and/or his Surety, if applicable,
shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over
to the Contractor and/or his Surety,
bablesfa� to pay theuld the tto amount dlueethe Owneewithin the timethe work xceed the ract price,
and the Contractor and/or his Surety, i app/
designated hereinabove, and there remains any machinery, equipment and materials ialshall be lies on tmailed o the he of
the work, notice thereof, together with an itemized list of such q p
*+ Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided,
however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to
the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the
17
�nr■s ■
date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net
.•� sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at
either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the
Contractor or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted
by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this
paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise
of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in
paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the
amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall
be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do
business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so
furnished.
ems+
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
` conflict with any of the general conditions contained in this contract, then in such event the special conditions shall
control.
^+ 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to
r, direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any 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.
54. 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 Contractor shall remove all such debris and also its tools, scaffolding, and surplus
18
r
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.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in
the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project
or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5)
days of the receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective
gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum
products or byproducts and/or asbestos.
19
CURRENT WAGE DETERMINATIONS
P"
r�*
RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Hourly Rate
Acoustical Ceiling Installer
11.50
Air Conditioner Installer
12.50
Air Conditioner Installer -Helper
6.25
Asbestos Worker
9.00
Asbestos Supervisor
12.50
Bricklayer
12.50
Bricklayer -Helper
7.00
Carpenter
11.00
Carpenter -Helper
7.00
Cement Finisher
8.00
Drywall Hanger
11.00
Electrician
13.75
Electrician -Helper
7.00
Equipment Operator -Heavy
9.50
Equipment Operator -Light
8.50
Floor Installer
9.50
Glazier
10.50
Insulator-Piping/Boiler
11.50
Insulator -Helper
7.00
Iron Worker
11.00
Laborer -General
6.00
Mortar Mixer
6.00
Painter
9.50
Plumber
12.50
Plumber -Helper
7.00
Roofer
9.00
Roofer -Helper
7.00
Sheet Metal Worker
10.00
Sheet Metal Worker -Helper
7.00
Welder -Certified
11.00
1
EXHIBIT B
P d Hi hwa Construction
Cuing an g y
Prevailing Wage Rates
Craft
Hourly Rate
Asphalt Heaterman
9.00
Asphalt Shoveler
6.00
Concrete Finisher
8.00
Concrete Finisher -Helper
7.00
Electrician
12.00
Flagger
6.00
Form Setter
7.00
Form Setter -Helper
6.25
Laborer -General
6.00
Laborer -Utility
6.75
Mechanic
8.00
Mechanic -Helper
7.00
.•a
Power Equipment Operators
Asphalt Paving Machine
7.75
Bulldozer
8.00
Concrete Paving Machine
7.75
Front End Loader
7.25
Heavy Equipment Operator
8.00
Light Equipment Operator
7.25
Motor Grader Operator
9.50
Roller
6.75
Scraper
7.25
m
Tractor
7.25
Truck Driver -Light
6.50
Truck Driver -Heavy
7.00
2
EXHIBIT C
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act.
EXHIBIT D
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be as required by the fair Labor Standards Act.
3
SPECIFICATIONS
No Text
SPECIFICATIONS
FOR THE
STEAM SYSTEM MODIFICATIONS
CITY OF LUBBOCK
MUNICIPAL COLISEUM
LUBBOCK, TEXAS
ISSUED BY
FANNING, FANNING & ASSOCIATES, INC.
CONSULTING ENGINEERS
255574TH STREET
LUBBOCK, TEXAS 79423
TEL: (806) 745-2533
FAX: (806) 745-3596
JULY, 2001
SPECIFICATIONS
STEAM SYSTEM MODIFICATIONS
CITY OF LUBBOCK
MUNICIPAL COLISEUM
LUBBOCK, TEXAS
SPECIFICATIONS INDEX
15010
General Provisions for Mechanical and Electrical
15110
Site Utilities
,r
15211
Piping and Accessories
15310
Steam and Condensate Return, System
15411
Hangers and Supports
15510
Insulation
15610
Metering
s�
SECTION 15010 - GENERAL PROVISIONS FOR MECHANICAL AND ELECTRICAL
PART 1 - GENERAL
1.1 SPECIAL NOTE
A. The Mechanical and Electrical Plans and Specifications, including the supplements
issued thereto, Information to Bidders, and other pertinent documents issued by the
City of Lubbock Purchasing Office, are a part of these specifications and the
accompanying mechanical and electrical plans, and shall be complied with in every
respect. All the above is included herewith, will be issued separately or is on file at the
City of Lubbock Purchasing's office, and shall be examined by all bidders. Failure to
comply shall not relieve the Contractor of responsibility or be used as a basis for
additional compensation due to omission of drawings.
B. Where the Supplementary General Conditions conflict with the General Conditions, the
Supplementary General Conditions shall govern.
1.2 CHECKING DOCUMENTS
A. The drawings and the specifications are numbered consecutively. The Contractor
shall check the drawings and specifications thoroughly and shall notify the City of
Lubbock Purchasing Office of any discrepancies or omissions of sheets or pages.
Upon notification, the City of Lubbock Purchasing Office will promptly provide the
Contractor with any missing portions of the drawings or specifications. No
discrepancies or omissions of sheets or pages of the contract documents will relieve
the Contractor of his duty to provide all work required by the complete contract
documents. .
1.3 GENERAL
A.
In general, the lines to be installed by the various trades under these specifications
shall be run as indicated, as specified herein, as required by particular conditions at
the site, and as required to conform to the generally accepted standards as to
complete the work in a neat and satisfactorily workable manner. The following is a
general outline concerning the running of various lines and is to be excepted where the
drawings or conditions at the building necessitate deviating from these standards.
B.
All piping and conduit for the mechanical and electrical trades shall be exposed, except
as indicated on the drawings.
C.
Piping, conduits and raceways may be run exposed in machinery and equipment
spaces, where serving as connections to motors and equipment items in finished
rooms where exposed connections are required, and elsewhere as indicated on the
drawings or required.
D.
All conduits in any space where they are exposed shall run parallel with the building
walls.
'^ E.
The Contractor shall thoroughly acquaint himself with the details of the construction
and finishes before submitting his bid as no allowances will be made because of the
Contractor's unfamiliarity with these details.
rot F.
The mechanical and electrical plans do not give exact details as to elevations of lines,
exact locations, etc., and do not show all the offsets, control lines, pilot lines and other
installation details. The Contractor shall carefully lay out his work at the site to
conform to the architectural and structural conditions, to provide proper grading of
lines, to avoid all obstruction, to conform to details of installation supplied by the
#-, 99093 15010-1
Iw
r
manufacturers of the equipment to be installed, and thereby to provide an integrated,
satisfactorily operating installation.
G. The electrical plans show diagrammatically the locations of the various electrical
outlets and apparatus and the method of circuiting and controlling them. Exact
locations of these outlets and apparatus shall be determined by reference to the
general plans and to all detail drawings, equipment drawings, roughing -in drawings,
etc., by measurements at the building, and in cooperation with other sections, and in
all cases shall be subject to the approval of the City of Lubbock representative. The
City of Lubbock representative reserves the right to make any reasonable change in
location of any outlet or apparatus before installation (within 10 feet of location shown
on drawings) or after installation if an obvious conflict exists, without additional cost to
the Owner.
H. The mechanical plans do not give exact locations of outlets, fixtures, equipment items,
`
etc. The exact location of each item shall be determined by reference to the general
plans and to all detail drawings, equipment drawings, roughing -in drawings, etc., by
measurements at the building, and in cooperation with other sections. Minor
relocations necessitated by the conditions at the site or as directed by the City of
Lubbock representative shall be made without any additional cost accruing to the
Owner.
I. The Contractor shall be responsible for the proper fitting of his material and apparatus
into the space. Should the particular equipment which any bidder proposes to install
'
require other space conditions than those indicated on the drawings, he shall arrange
for such space with the City of Lubbock representative before submitting his bid.
Should changes become necessary on account of failure to comply with this clause,
the Contractor shall make such necessary changes at his (the Contractor's) own
expense.
J. The Contractor shall submit working scale drawings of all his apparatus and equipment
which in any way varies from these specifications and plans, which shall be checked
by the City of Lubbock representative before the work is started, and interferences with
the structural conditions shall be corrected by the Contractor before the work
proceeds.
K. Order of precedence shall be observed in laying out the pipe, ductwork, material, and
conduit in order to fit the material into the space above the ceiling and in the chases
and walls. The following order shall govern:
1. Items affecting the visual appearance of the inside of the building such as lighting
fixtures, diffusers, grilles, outlets, panelboards, etc. Coordinate all items to avoid
conflicts at the site.
2. Lines requiring grade to function such as drains.
3. Large pipes with critical clearances.
4. Conduit, water lines, and other lines whose routing is not critical and whose
function would not be impaired by bends and offsets.
L. Piping and conduits serving outlets on items of equipment shall be run in the most
appropriate manner. Where the equipment has built-in chases, the lines shall be
contained therein. Where the equipment is of the open type, the lines shall be run as
close as possible to the underside of the top and in a neat and inconspicuous manner.
M. Exceptions and inconsistencies in plans and specifications shall be brought to the City
of Lubbock representative's attention before the contract is signed. Otherwise, the
Contractor shall be responsible for any and all changes and additions that may be
necessary to accommodate his particular apparatus, material, or equipment.
0" 99093 15010-2
N. The Contractor shall distinctly understand that the work described herein and shown
on the accompanying drawings shall result in a finished and working job, and any item
required to accomplish this intent shall be included whether specifically mentioned or
not.
1.4 DIMENSIONS
A. Before ordering any material or doing any work, the Contractor shall verify all
dimensions, including elevations, and shall be responsible for the correctness of the
same. No extra charge or compensation will be allowed on account of differences
between actual dimensions and measurements indicated on the _drawings. Any
difference which may be found shall be submitted to the City of Lubbock
representative for consideration before proceeding with the work.
1.5 INSPECTION OF SITE
A. The accompanying plans do not indicate completely the existing mechanical and
electrical installations. The bidders for the work under these sections of the
specifications shall inspect the existing installations and thoroughly acquaint
themselves with conditions to be met and the work to be accomplished in removing
and modifying the existing work, and in installing the new work in the present building
and underground serving to and from that structure. Failure to comply with this shall
not constitute grounds for any additional payments in connection with removing or
modifying any part of the existing installations and/or installing any new work.
1.6 PROGRESS OF WORK
A. The Contractor shall keep himself fully informed as to the progress of the work and do
his work at the proper time without waiting for notification from the City of Lubbock.
1.7 MANUFACTURER'S DIRECTIONS
A. All manufactured articles shall be applied, installed and handled as recommended by
the manufacturer.
1.8 MATERIALS AND WORKMANSHIP
A. All materials shall be new unless otherwise specified and of the quality specified.
Materials shall be free from defects. All materials of a type for which the Underwriters
Laboratories, Inc. have established a standard shall be listed by the Underwriters
Laboratories, Inc. and shall bear their label.
B. The Contractor shall be responsible for transportation of his materials to and on the
job, and shall be responsible for the storage and protection of these materials and
work until the final acceptance of the job.
C. The Contractor shall furnish all necessary scaffolding, tackle, tools and appurtenances
of all kinds, and all labor required for the safe and expeditious execution of his
contract.
D. The workmanship shall in all respects be of the highest grade and all construction shall
be done according to the best practice of the trade.
1.9 SUBSTITUTION OF MATERIAL
A. Where a definite material or only one manufacturer's name is mentioned in these
specifications, it has been done in order to establish a standard. The product of the
particular manufacturer mentioned is of satisfactory construction and any substitution
must be of quality as good as or better than the named article. No substitution shall be
99093 15010-3
r
made without review by the City of Lubbock representative, who will be the sole judge
of equality.
E3. Within 30 days of being awarded theContract shall submitfor
forany
approsection
val oa complete list of the
r sections of the work
under this heading, the Contractor
materials he proposes in use. This
severy itemea and the submission shallbe
designations corresponding to each every lementa data,
accompanied by complete descriptive Veullliterature and complete and/or
details.y If the material is not
drawings, etc., necessary 9
submitted within 30 days of the contract signing, the Contractor shall furnish the
specified materials.
C. Should a substitution be accepted under provisions
be defectivethe ltior ons
otherwise
of these
specifications, and should this substitute prove
unsatisfactory for the service for which intended within
halhe eplacenttheee psubstit to
Contractor who originally requestedthe substitution
material with the specified material.
1.10 SHOP DRAWINGShey shall be rnished
A. Wherever shop drawings are called for in these involved review by tt e City of fuLubbock
by the Contractor for the worknvolved afte
representative as to the make anThis
� sps donee of in ordrial er to facilitate progress on the job
nd in sufficient time so that no
delay or changes will be caused.
and failure on the part of the Contractor m construction,etc.etc. occasirender him oned by his failure
expense of any and all delays, changes ly with this
p provide the necessary details. resentat representativee Contractor fails to reserves the right to go diirrectly to the
provision, the City of Lubbock re p
manufacturer he selects and secure any
ails they shall be boht ene by the Contractor.m necessary ould
there be any charges in connection with Ygeneral
B. Shop drawings will be reviewed by o eth ity est andcgeneralscompliancefor
tyith the
compliance with the design concept project
information given in the contractdocuments.
of Lubbock representative in marking shop
of Lubbock
representative and any action by the
y
drawings is subject to the requirements
dimensions which tire cshall beeconfCmedaand
will be held responsible for quantities,
correlated at the job site, fabrication processes and techniques of construction,
coordination of all tradshall not consist of mnd the satisfatory arformance nufacturers' a sf
his work.
C. Shop drawings submittedcatalogues or tear sheets
em offered.
er
therefrom that contain no indication
the exact item toffe ed and hath cleahly the
identify the
of individual items shall designate
item with the project.
D. All shop drawings shall be submitted underea h shall consist of a bound
catalogue of all shop drawings indexed and certified that
they have been checked by the Contractor.on the
E. The omissions of any material from the shop though dra`rev reviewed the city oh has been shown Lubbock
ings w
contract drawings or specified, e
representative, shall not relieve the Contractor from furnishing and erecting same.
1.11 PROTECTION OF APPARATUS
A. The Contractor shall at all time
properly protect his new apparatus from damage.e such precautions This shall include the erection of all
required temporary shelters to adequately protect any apparatus stored in the open on
`P" 99093
15010-4
the site, the cribbing of any apparatus above the floor of the construction, and the
covering of apparatus in the incompleted building with tarpaulins or other protective
covering. Failure on the part of the Contractor to comply with the above to the entire
satisfaction of the City of Lubbock representative will be sufficient cause for the
rejection of the pieces of apparatus in question.
1.12 PERMITS, FEES, ETC
A. The Contractor under each section of these specifications shall arrange for a building
permit from the city of Lubbock for record purposes. In as much as all utilities at the
site are owned by the University, there are no connection fees. If any charges are
made by any of the utility companies serving the campus due to work on this project,
the Contractor shall pay these charges. The Contractor shall pay for any inspection
fees or other fees and charges required by ordinance, law, codes or these
specifications.
:. 1.13 TESTING
A. The Contractor under each division shall at his own expense perform the various tests
as specified and required by the City of Lubbock representative and as required by the
State and local authorities. The Contractor shall furnish all fuel and materials
necessary for making tests.
r
1.14 LAWS, CODES AND ORDINANCES
A. All work shall be executed in strict accordance with all local, state and national codes,
ordinances and regulations governing the particular class of work involved, as
interpreted by the inspecting authority. The Contractor shall be responsible for the
final execution of the work under this heading to suit those requirements. Where these
specifications and the accompanying drawings conflict with these requirements, the
Contractor shall report the matter to the City of Lubbock representative, shall prepare
any supplemental drawings required illustrating how the work may be installed so as to
comply and, on approval, make the changes at no cost to the Owner. On completion
of the various portions of the work the installation shall be tested by the constituted
authorities, approved and, on completion of the work, the Contractor shall obtain and
deliver to the Owner a final certificate of acceptance.
1.15 TERMINOLOGY
A. Whenever the words "furnish", "provide", "furnish and install," "provide and install",
and/or similar phrases occur, it is the intent that the materials and equipment
described be furnished, installed and connected under this Division of the
Specifications, complete for operation unless specifically noted to the contrary.
B. Where a material is described in detail, listed by catalogue number or otherwise called
for, it shall be the Contractor's responsibility to furnish and install the material.
C. The use of the word "shall" conveys a mandatory condition to the contract.
D. "This section" always refers to the section in which the statement occurs.
E. "The project" includes all work in progress during the construction period.
F. In describing the various items of equipment, in general, each item will be described
singularly, even though there may be a multiplicity of identical or similar items.
1.16 COOPERATION AND CLEANING UP
A. The contractor for the work under each section of these specifications shall coordinate
his work with the work described in all other sections of the specifications to the end
O 99093 15010-5
that, as a whole, the job shall be a finished one of its kind, and shall carry on his work
in such a manner that none of the work under any section of these specifications shall
be handicapped, hindered or delayed at any time.
B. At all times during the progress of the work, the Contractor shall keep the premises
clean and free of unnecessary materials and debris. The Contractor shall, on direction
at any time from the City of Lubbock representative, clear any designated areas or
area of materials and debris. On completion of any portion of the work, the Contractor
shall remove from the premises all tools and machinery and all debris occasioned by
the work, leaving the premises free of all obstructions and hindrances.
1.17 COORDINATION OF TRADES
A. The Contractor shall be responsible for resolving all coordination required between
trades. For example, items furnished under Division 15 which require electrical
connections shall be coordinated with Division 16 for:
1. Voltage
2. Phase
3. Ampacity
4. No. and size of wires
5. Wiring diagrams
6. Starter size, details and location
7. Control devices and details
B. Items furnished under various sections which require plumbing connections shall be
coordinated for services, pressure, size and location of connections, type of fuel,
clearances for service, auxiliary devices required, etc.
C. Items requiring insulation shall be fully insulated and that insulation shall be checked
against manufacturer's directions and job requirements for suitability, coverage,
thickness and finish.
D. Items installed in/on finished ceilings shall be coordinated with the ceiling construction.
The Contractor under each section shall conform to the reflected ceiling plan and shall
secure details and/or samples of the ceiling materials as necessary to insure
compatibility. Any device not conforming to this requirement shall be replaced by the
Contractor at his expense.
E. All items specified under Divisions 15 and 16 shall be installed tight, plumb, level,
square and symmetrically placed in relation to the work of other trades.
1.18 CUTTING AND PATCHING
A. The Contractor for work specified under each section shall perform all structural and
general construction modifications and cut all openings through either roof, walls,
floors or ceilings required to install all work specified under that section or to repair any
defects that appear up to the expiration of the guarantee. All of this cutting shall be
} ' done under the supervision of the City of Lubbock representative and the Contractor
shall exercise due diligence to avoid cutting openings larger than required or in wrong
�* locations. Verify the scope of this work at the site and in cooperation with all other
trades before bidding.
B. No cutting shall be done to any of the structural members that would tend to lessen
their strength, unless specific permission is granted by the City of Lubbock
k _ representative to do such cutting.
C. The Contractor for work under each section shall be responsible for the patching of all
openings cut to install the work covered by that section and to repair the damage
resulting from the failure of any part of the work installed hereunder.
oft 99093 15010-6
r
I
D. Before bidding, the Contractor shall review and coordinate the cutting and patching
required under the respective section with all trades.
E. In all spaces where new work under Division 15 and 16 is installed and no other
alteration or refinishing work is shown or called for, existing floors, walls and ceilings
shall be restored to match existing conditions. All cutting and patching shall be done
by workmen skilled in the affected trade.
F. Where openings are cut through masonry walls, the Contractor under each respective
section shall provide and install lintels or other structural supports to protect the
remaining masonry and adequate support shall be provided during the cutting
operation to prevent any damage to the masonry occasioned by the operation. All
structural members, supports, etc. shall be of the size, shape, and installed as directed
by the City of Lubbock representative.
1.19 SEALING
A. The Contractor installing pipes, conduits, ducts, etc., shall seal all spaces between
pipes and/or sleeves where they pierce walls, partitions or floors by packing fire
resistant rope and fire resistant cement. The packing shall effect a complete fire
and/or air seal where pipes, conduits, ducts, etc., pierce walls, floors or partitions.
1.20 OWNERS OCCUPANCY
A. It shall be understood that the building in which the work is to be done is a necessary
part of the Owner's operation, and shall continue in use throughout the construction
period without interruption. Take all precautions required by the Owner for the
protection of his equipment and property.
B. Contractor shall cooperate with the owner in scheduling areas in which work is
permitted. Owners schedule will govern.
1.21 SCHEDULE OF WORK
A. The work under the various sections must be expedited and close coordination will be
required in executing the work. The various trades shall perform their portion of the
work at such times as directed so as to insure meeting scheduled completion dates,
and to avoid delaying any other trade. The City of Lubbock representative will set up
completion dates, schedule the times of work in the various areas involved, etc. Each
Contractor shall cooperate in establishing these times and locations and shall process
his work so as to insure the proper execution of it.
1.22 WORKING TIME
A. Where new connections are to be made into existing lines, present lines must be
relocated or rerouted, present equipment items relocated or other work accomplished
that would affect the operation of the present building, the work shall be carried on at
such times as to cause a minimum of interference with the normal operation of that
building. In certain cases the work may be accomplished during normal working hours
during certain designated seasons or times of the year. In other cases the work may
have to be executed during times of the day outside of the normal working period, on
holidays, etc. Each individual case presents a separate decision as to the time during
which it shall be performed. The Contractor involved shall present each case to the
City of Lubbock representative for his decision, which will be made after due
consultation with the Owner. No additional compensation for overtime will be granted
for compliance with these requirements.
"� 99093 15010-7
0
1.23 MARKING OF PIPE
A. The Contractor shall mark all accessible piping systems. The identification of a piping
system shall be made by a positive identification of the material content of the system
by lettered legend, giving the name of the content in full or abbreviated form. This
mark shall be conspicuously placed at frequent intervals on straight runs, close to all
valves, at changes of direction and where pipes pass through walls, floors or ceilings.
Arrows shall be used to indicate direction of flow. Markers shall be painted on using
stencils.
B. Markers shall be placed on piping at each connection to an item of equipment, at each
pump, and on each drop to an outlet. Markers shall be placed on each run of piping at
intervals not exceeding 50 feet where exposed in a room and 25 feet when installed
above removable ceilings, except that no exposed line shall enter a room without
being identified therein. Marker on lines above removable ceilings shall be applied on
the undersides of the lines and in other areas shall be applied to be most visible. Also
supply directional flow indicators adjacent to identification markers.
C. Size of Identification:
1.24
Outside Diameter Size of Legend of Pipe or Covering
Letters (" Height)
3/4 to 1-1/4 1/2
1-1/2 to 2 3/4
2-1/2 to 6 1-1/4
IDENTIFICATION AND LABELING:
A. The Contractor shall make it possible for the personnel operating and maintaining the
equipment and systems in this project to readily identify the various pieces of
equipment, valves, piping, etc., by marking them. All items of equipment such as
pumps, etc., shall be clearly marked using engraved nameplates as hereinafter
specified. The item of equipment shall indicate the same number as shown on the
drawings. For example, pumps will be identified as P-1, P-2, P-3, etc.
B. All items of mechanical and electrical equipment shall be identified by the attachment
of engraved nameplates constructed from laminated phenolic plastic, at least 1/16"
thick, 3 -ply, with black surfaces and white core. Engraving shall be condensed gothic,
at least 1/2" high, appropriately spaced. Nomenclature on the label shall include the
name of the item, its mark number, area, space, or equipment served, and other
pertinent information. Equipment to be labeled shall include but not be limited to the
following:
1. Pumps
2. Convertors
1.25 OPERATING INSTRUCTIONS
A. The Contractor for each section of the work hereunder shall, in cooperation with the
representatives of the manufacturers of the various equipment items, carefully instruct
the Owner's representatives in the proper operation of each item of equipment and of
each system. During the balancing and adjusting of systems, the Owner's
representative shall be made familiar with all procedures.
99093 15010-8
Ga
1.26 OPERATING MANUALS
A. Prepare and submit 3 copies of the operating manuals bound in hard covers. Three
weeks prior to completion of the work, the City of Lubbock representative will check
the manuals and any additional material necessary to complete the manuals shall be
furnished and inserted by the Contractor.
B. Manuals shall contain the following data:
r 1. Catalogue data of all equipment.
2. Shop drawings of all equipment.
3. Temperature control drawings (reduced in size)
4. Start-up instructions for major equipment.
5. Trouble shooting procedures for major equipment.
,. 6. Wiring diagrams.
7. Recommended maintenance schedule for equipment.
8. Parts list for all items.
9. Name and address of each vendor.
1.27 GUARANTEE
A. Unless a longer period is specified elsewhere, the contractor shall guarantee all
workmanship and materials for a period of one year from date of final acceptance.
1.28 COMPLETION REQUIREMENTS
A. Before acceptance and final payment the Contractor under each Division of the
specifications shall furnish:
1. Accurate "as built" drawings, shown in red ink on blue line prints furnished for that
purpose all changes from the original plans made during installation of the work.
Drawings shall be filed with the City of Lubbock representative when the work is
completed.
2. All manufacturers' guarantees.
3. All operating manuals.
4. Guarantees.
5. Test and Balance Report.
1.29 CONTRACTOR'S RESPONSIBILITY FOR FINAL INSPECTION
A. Before calling for the final inspection, the Contractor under each Division shall carefully
inspect his work to be sure it is complete and according to plans and specifications.
END OF SECTION
�"` 99093 15010-9
SECTION 15110 - SITE UTILITIES
PART 1 - GENERAL
1.01 NOTE
A. Conform with applicable provisions of the General Conditions, Special Conditions,
General Requirements, and Supplemental Conditions.
1.02 SUBMITTALS
A. Submit manufacturer's data on all materials.
t 1.03 SCOPE
A. Perform all layout, trenching, excavation, backfill, shoring and similar work and provide
and install all materials and appurtenances necessary for the installation and final
connection of all utilities.
1.04 EXISTING UTILITIES
A. Prior to beginning work, manually locate and stake all utility lines existing at the site.
B. The Contractor shall not rely solely on the scale drawings in determining the scope of
the work.
C. The drawings are not certified surveys and are not guaranteed for accuracy of location
or elevation of existing lines or completeness. Before bidding, each bidder shall by
personal examination of the project satisfy himself as to the existing conditions which
prevail.
D. Reasonable differences in actual jobsite dimensions and the drawings shall not be
considered justification for a change in the contract sum. Interruptions: Conduct
operations to minimize service outages. When interruptions is unavoidable, schedule
the interruption in consultation with the City of Lubbock representative to occur at a
time of least demand for the utility. Notify the Owner of requested interruption time at
least 24 hours in advance of outage.
E. Disconnections: Provide where indicated on the drawings. Where not so indicated
provide disconnections at appropriate locations as selected by the Contractor to
facilitate his work. Cap terminal ends of active utility branches.
F. Utilities to Remain: Protect from damage due to construction operations. Repair or
replace portions so damaged as directed by the City of Lubbock representative.
PART 2 - PRODUCTS
2.01 BORED CROSSINGS UNDER WALKS
A. Crossings beneath walks may be bored rather than open -cut but casing is not
required. The trench may be open cut to within three feet of the edge of the
pavement. Boring shall proceed from a pit provided for the boring equipment and
workmen. The use of water or other fluids in connection with the boring operation will
be permitted only to the extent required to lubricate cuttings. Jetting will not be
permitted. Care shall be taken to keep the bore on proper line and grade.
2.02 OPENING AND RECLOSING PAVEMENT
A. Where excavation requires the opening of existing walks, streets, drives or other
existing pavement, that pavement shall be cut as required to install new lines and to
"""' 99093 15110-1
make new connections to existing lines. The sizes of the cut shall be held to a
minimum, consistent with the work to be completed.
B. When the excavation has been backfilled, the paving shall be patched, using materials
to match those cut out. The patches shall thoroughly bond with the original surfaces
and shall be level with them. Quality of the patch shall be equal to or better than
adjacent paving.
2.03 CONCRETE WORK
I^^ A. All concrete work pertaining to the various concrete structures hereinafter specified to
be furnished and installed by the Contractor shall be done in strict accordance with the
applicable provisions of the General Specifications for plain and reinforced concrete
•* work.
END OF SECTION
p
ate*
99093 15110-2
r
m. SECTION 15211 - PIPING AND ACCESSORIES
PART 1 - GENERAL
1.01 NOTE
A. Conform with applicable provisions of the General Conditions, Special Conditions,
General Requirements, and Supplemental Conditions.
1.02 SUBMITTALS
A. Submit manufacturer's data on all materials.
1.03 SCOPE
A. This section of the specifications pertains to all labor, materials, equipment and service
necessary for and incidental to the piping and accessories as shown on the drawings
and/or specified herein.
1.04 INSPECTION
A. All pipe, valves, fittings, and other accessories shall be inspected upon delivery and
during the course of the work. Any defective materials found during field inspection or
during hydrostatic and leakage tests shall be removed from the site of the work and
replaced by the Contractor.
1.05 PROTECTION DURING STORAGE
A. The interior of all pipe, fittings, and other accessories shall be kept free from dirt and
foreign matter at all times. Valves and fittings shall be drained and stored in a manner
that will protect them from damage by freezing.
PART 2 - PRODUCTS
2.01 MATERIALS
A. All materials shall be manufactured or fabricated in the United States of America.
B. Materials shall conform to the listed standards. Refer to specific sections for materials
to be used under that section. The following tabulation is for reference only to identify
the applicable standard.
Copper Tubing
ASTM B88
Wrought Copper Solder Fittings
ANSI BI6.22
Cast Bronze Solder Fittings
ANSI B16.18
Steel Pipe
ASTM A120, A53, A106
Butt Weld Fittings
ANSI B16.9
Socket Weld Fittings
ANSI B16.11
Steel Flanges
ANSI B16.5
Malleable Iron Threaded Fittings
ANSI B16.3
C. Unions in Ferrous Lines: 150 pound malleable iron, screwed pattern, ground joint with
brass to iron seat; equal to Crane.
D. Insulating Fittings: Equal to Maloney.
E. Unions in Copper or Brass Lines:
125 pound all brass, screwed pattern, ground joint,
equal to Chase, Crane or Mueller.
.1., 99093 15211-1
r
2.02 VALVES
A. General Service Valves: 3" and smaller, all bronze, screwed; 3-1/2" and larger,
flanged, iron body, bronze trimmed, equal to the following Crane Nos:
" Type Fluid Pressure Fluid Pressure
Below 125 PSIG Above 125 PSIG
Gate 3" and smaller
428
424
Gate 3-1/2" and larger
465-1/2
7-112 E
Globe 3" and smaller
1
14-1/2 P
Globe 3-112" and larger
351
21 E
Angle 3" and smaller
2
16-1/2 P
Angle 3-1/2" and larger
353
23E
B. Where valves have discs, select the discs for the intended service using materials as
recommended by the valve manufacturer. Provide extended stems for valves in
insulated line, so that the handle clears the insulation and jacket.
C. Acceptable General Service Valve Manufacturers: Stockham, Jenkins, OIC, Walworth,
Hammond.
D. Use horizontal swing check valves in all other locations.
E. Swing Check Valves 2" and Smaller: All bronze screwed, equal to Crane No. 37 for
pressures to 125 psi or No. 36 for pressures to 200 psi SWP or 400 PSI WOG.
F. Swing Check Valves 2-1/2" and Larger: Iron body, flanged, bronze trimmed; equal to
Crane No. 373 for pressures to 125 psi or No. 39E for pressures from 125 psi to 250
psi.
G. Stop Check Valves, (non -return): 250 psig, Crane No. 28E or 30E with drain.
2.03 GAUGE COCKS AND GAUGES
A.
Where gauge connections are installed in insulated lines, install a ConBraCo No.
41-380 T -handle gauge cock on a nipple of sufficient length that the cock handle will
MM
be free of the pipe insulation, and position each cock in relation to surrounding piping
and equipment so that the gauge may be easily read, and so that a gauge having a 6"
diameter dial can be screwed into and out of the cock.
B.
Install gauge cocks at pumps as close to pump suction and discharge
connections as
possible. Where drilled and tapped gauge connections are provided in the pump
casing by the manufacturer, use these tappings.
^+ C.
Pressure Gauges: Phosphor bronze, seamless Bourdon spring type with phosphor
bronze bushed rotary movement and link; 4-1/2" dial, nickel plated ring, free standing
cast aluminum case; equipped with micrometer adjustment pointer. Furnish each
gauge with scale range suitable for the duty.
D.
Steam Pressure Gauges: Equal to Weksler No. BA14-1 with cast aluminum case,
mounted on coiled pipe (pigtail) siphons; Weksler, Weiss, Trerice acceptable.
e-,
2.04 THERMOMETER WELLS
A.
Furnish and install brass or stainless steel closed separable thermometer wells for all
thermometer and controller bulbs which are designated for liquid measurements.
Whenever a thermometer or controller bulb is inserted in a pipe for either remote or
99093 15211-2
e**
local temperature indication or control, locate the thermometer well so that it will be
completely surrounded by flowing fluid. Such thermometer locations as shown on the
drawings are diagrammatic only -install thermometer wells for maximum effectiveness
and in the case of locally indicating instruments, for easy readability.
B. Test Wells: Test wells for use with etched stem thermometers shall be Bolton No. 615
brass, with a threaded brass plug and keeper chain. Install these test wells so that
they can be filled with oil to facilitate temperature measurements.
PART 3 - EXECUTION
3.01 INSTALLATION OF PIPING SYSTEMS
A. Install runs of piping essentially as indicated on the drawings and/or as required. The
location, direction and size of the various lines are indicated on the drawings.
B. Make up all systems straight and true and properly graded for correct flow of contained
materials and to provide drainage. Cut pipes accurately to measurements established
at the building and work into place without forcing or springing. Except as required for
specified grading, run all piping above ground parallel with the lines of the building.
C. Make all changes in pipe sizes with reducing fittings. Use no long screws or bushings.
D. Install and support piping systems with loops, bends, and connectors as required for
flexibility, to accommodate expansion and contraction of piping due to temperature
changes in the contained fluids and in the surrounding space, and to minimize the
transmission of vibration to the building structure.
E. Provide unions in the lines assembled with screwed and soldered fittings, at points of
connection to equipment, and elsewhere as indicated or required to permit proper
connections to be made, or to permit valves, equipment items, etc. to be removed.
Provide unions also in welded lines at connections to equipment where flanges are not
provided. Provide insulating unions where ferrous material joins non-ferrous material.
F. In piping systems assembled by welding, use factory -fabricated welding fittings of the
same material and the same schedule or weight as the piping in which they are
installed, except that branches or take -offs of sizes not exceeding 2/3 of the nominal
diameter of the mains may be made with Bonney Weldolets or Thredolets. Mitering of
pipe to form elbows, notching of straight runs to form tees, and any similar construction
will not be permitted.
G. In general, use listed materials in fabricating the various piping systems. The method
of assembly may be varied only to meet special conditions where it is impossible to
comply with the specified method of joining piping. Where special classes of piping
are involved and are not listed, request exact instructions as to the class of material
involved and the method of fabricating it before ordering materials.
3.02 FABRICATION OF PIPE JOINTS
A. Test and qualify all welders in the horizontal fixed and vertical fixed positions in
accordance with AWS Code. Stamp or otherwise identify each welded joint with the
assigned number, letter or symbol of the welder making the joint. All field welding will
be subject to inspection by a testing laboratory's inspection (to be selected by the City
of Lubbock representative and paid for by the Owner). The expense of qualifying
welders shall be borne by the Contractor.
B. Flanged Joints: Flanged joints shall be made using bolts and gaskets as specified.
Faces of the flanges shall be cleaned of all dirt, rust or other foreign matter. The pipe,
valve, or fitting shall be properly aligned and free to move while bolting, and the bolts
99093 15211-3
shall be gradually tightened at a uniform rate around the entire flange. No strain shall
be put on the flanges in making up the joint.
3.03 REPAIR OF LEAKS
A. All leaks in piping systems shall be corrected as follows:
1. Repair leaks in solder joints by remaking the joint; no soldering or brazing over
existing joints will be permitted.
2. Repair leaks in screwed joints by tightening the joint; remake the joint if the
tightening fails to stop the leak.
3. Leaks in caulked joints may be stopped by additional caulking of the joint; but if
that fails, remake the joint.
4. Repair leaks in welded joints by removing the defective weld completely through
the base metal and grind smooth. Re -weld, accomplishing 100% penetration of
the base metal. The repair weld should in no case be less than 4" in length.
B. When any defect is repaired, retest that section of the system.
3.04 HANDLING OF MATERIAL
A. Hauling: All materials furnished by the Contractor shall be delivered and distributed at
the site by the Contractor.
B. Loading and Unloading: Pipe, fittings, valves, and accessories shall be loaded or
unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no
circumstances shall such materials be dropped. Pipe handled on skidways shall not
be skidded or rolled against pipe already on the ground. Each piece shall be unloaded
opposite or near the place where it is to be installed. No material shall be unloaded
where it will block any road, drive, building entrance, or walkway or where it will be a
hazard to safe vehicular or pedestrian traffic.
END OF SECTION
99093 15211-4
UZI
SECTION 15310 `STEAM AND CONDENSATE RETURN SYSTEM
PART 1 - GENERAL
1.01 NOTE
' A• Conform with applicable provisions of the General Requirements, Conditions S
q pplemental Conditions. pecial Conditions,
1.02 SUBMITTALS
A. Submit manufacturer's data on all materials.
1.03 SCOPE
A. This section of the specification
equipment, fixtures, trim, services, pertains
iaccesstorieshe uneices
steam and condensate return systems specified here' g of all labor, materials,
B Provide and install new steam and condensate systems, sary and incidental to the
existing steam and condensate return systems in and/or on the drawings,
shown on the drawings, with all appurtenances, modify and extend the
necessary to make the systems com tete ' and the steam vent piping system as
equipment specialties
items of e complete, including connections to steam pconsum ng
equipment furnished and installed under other Section
specifications.
Sections of these
PART 2 - PRODUCTS
2.01 MATERIALS:
Refer to Section "Piping and Accessories".
A. Steam Lines and Steam Vent Lines:
I. Schedule 40 black steel pipe. Lines 2" and larger s
with welded fittings. 9 hall be assembled b
2• Steel piping shall be ASTM Designation: A-106-GRADEy Welding
B. High Pressure Steam Lines:
resistance welded. Schedule 40 black steel
B or A -53_E ss or electri
Lines 1-1/2 and larger shall be assembled b
Schedule 40 welded fittin s, pipe seamless or electric
welded with Schedule 40 socket welding fittings ngsror s Imes 1 y welding with
screwed fittings. assembled with 250# malleableer �irbe
on
C. Steel piping shall be ASTM Designation: A -106 -GRADE B
D. All new pipe provided for high pressure steam lines shall or A-53-ERW °r API -5L.
manufactured by National Tube Co. be Schedule 40, steel pipe as
150 psig. 400 degrees F service may be sfubstitued that meets API s
E• Such pipe shall conform to Standard Specifications for specifications for
HIGH TEMPERATURE
supplies shall be cut from pipe SERVICE, the A.S.T.speciicatio CARBON -STEEL PIPE FOR
A.S. T.M. Designation: A -106-52T.
F. Contractor may field fabricate reducers and off -sets icated above. All required
in l
change in direction. On all tees and changes in direction nes less than 20 degree
standard welding fittings shall be used. Field fabricated sections
from Piping g eater than 20 degrees
p p gas specified. ons shall be fabricated
G. Condensate Return Lines (Gravity):
resistance welded. Lines 2-1/andhedule larger8shall lack be steel pipe' seamless or electric
ng with
Schedule 80 welded fittings. At the Contractor's options, ane assembled b
s 2" and smaller may be
99093
15310-1
i
welded or may be assembled with 250 pound banded pattern cast iron screwed
fittings.
H. Steel piping shall be seamless, ASTM Designation: A -106 -GRADE B or A-53-ERW or
API -5L.
I. Pumped Return Lines: Schedule 80 black steel pipe. Lines 2-1/2" and larger shall be
assembled by welding with welding fittings. At the Contractor's option, lines 2" and
smaller may be welded or may be assembled with 125 pound cast iron screwed
fittings.
J. Steel piping shall be A -106 -GRADE B or may be electric resistance welded,
A-53-ERW or API -5L.
K. Unions: All unions used in high pressure steam lines shall be 150 pound malleable
iron female unions, brass to iron seat, Grinnell Fig 571.
L. Fittings: Welding fittings used for the fabrication of high pressure steam, low pressure
steam, steam vents, pumped condensate return or gravity return lines shall be the
same schedule or weight as the piping in which they are installed.
M. Where screwed fittings are specifically called for, such fittings shall be 150 pound or
250 pound, as designated, malleable iron screwed pattern fittings.
N. Where flanged fittings are specifically called for, such fittings shall be Cast Steel Series
150 fittings suitable for a steam working pressure of 150 p.s.i.g. and temperatures not
in excess of 650 degrees F. All flanged fittings for high pressure steam service shall
be dimensioned, faced, drilled and spot faced to conform to the 150 pound American
Standard for Steel Pipe Flanges and Flanged Fittings (1316e-1939).
O. All flanged and screwed fittings shall be of Crane Company or Walworth Company
manufacture. All welding fittings shall be of Midwest Piping Company, Inc.
manufacture.
P. Weld -O -Lets may be used at take -offs from main lines only when such take -offs are
1/3 the nominal pipe size of the main, or less.
2.02 VALVES
A. Gate Valve: 150 Ib., O S & Y cast steel, flexible wedge type, bolted bonnet, flanged,
Crane 47XU-F, sizes 2-1/2" and larger. Sizes 6" and larger shall have globe valve
bypass either factory installed or field installed. Equal valves by Edwards or Stockham
are acceptable. 150 lb., OS&Y forged steel, bolted bonnet, screwed, Vogt #12111
HFS, sizes 1 1/2" and smaller. Equal valves by Velan are acceptable.
B. Globe Valve: 150 Ib., O S & Y cast steel, bolted bonnet, flanged, Crane No. 143XR
sizes 2-1/2" and larger. Equal valves by Edwards and Stockham are acceptable. 150
., lb., OS&Y forged steel, bolted bonnet, screwed, Vogt #12141 HFS, sizes 2" and
smaller. Equal valves by Velan are acceptable.
C. Check Valve: 150 Ib., cast steel, bolted cap, swing check, flanged, Crane No. 147XU
sizes 2-112" and larger. Equal valves by Edwards and Stockham are acceptable. 150
Ib., forged steel, bolted bonnet, piston check, screwed, Vogt #701 HFS sizes 2" and
smaller.
D. Steam Traps: Provide with renewable stainless steel seats and plungers equal to
manufacturer's series listed; Dunham Bush, Armstrong, Sarco and Crane acceptable.
E. Float and Thermostatic Traps (Pressure 15 psig and less): Equal to Dunham Bush
No. 40 low pressure.
' F. Bucket Traps: Equal to Armstrong Series 800 inverted bucket traps with thermic air
vent, rated at 150 psig, with orifices sized for the operating pressure.
G. Drip Traps: High pressure drip trap assemblies shall be provided wherever called for
on the drawings and where required to keep such piping systems completely drained
99093 15310-2
ii
of condensate. Traps used in such assemblies shall be 3/4" traps unless specifically
shown to the contrary, i.e., they shall have 3/4" inlet and outlet connections. They shall
have stainless steel bodies and the internal operating mechanisms shall be made of
stainless steel. The seats and disks of such traps shall be made of hardened stainless
steel. These No. TD52 Sirax-Sarco Thermodynamic Traps shall have a capacity for
discharging at least 1400 pounds of condensate per hour when operating at a
pressure of 150 pounds per square inch. Where drip traps are installed in conjunction
with 2" and larger steam lines, a drip pocket, 4" size, shall be provided. The piping and
valves in trap assemblies shall be arranged as detailed on the drawings.
Strainers: Select for the applicable working pressure in each case with baskets of
monel screening (20 or 40 mesh) suitable for the duty involved; equal to the
manufacturer's series listed; Mueller, Sarco, or McAlear acceptable.
Vertical Pattern Strainers: McAlear No. 5286.
Pumped Condensate Meter: Union pattern all brass, .75" size, suitable for condensate
at 250 degrees. Meter shall have a direct reading 1,000,000 gallon reset register.
Meter shall be a Badger Model SC -SOT -H disc type with magnetic drive. Contractor
shall install this meter in the pumped condensate line.
2.03 STEAM PRESSURE REDUCING VALVE
A. The steam pressure reducing valve shall be a Spence Type ED, sized for the duty and
calibrated to reduce to the final pressure indicated. The regulator shall have a cast
iron body suitable for the pressure and temperature, with Seco metal seat ring and
disc, and stainless steel stem. The valve shall be pilot operated , using a type ED
spring loaded pilot. The diaphragm shall be metal. The pressure reducing valve shall
be installed in an assembly with a strainer, isolating valves, and a valve size globe
bypass. Use flange pattern on 2" and larger valves, and union pattern on smaller
valves. Provide steam relief valve with all pressure reducing stations. The relief valve
shall be sized to match the maximum capacity of the pressure reducing valve or the
valve bypass, whichever is the larger in accordance with A-402 of the National Board
Inspection Code.
2.04 STEAM RELIEF VALVE
A. Steam relief valves shall be ASME outside spring and yoke steel pop safety valves.
Valves shall be Crosby Style HO or equal. Provide a drip pan discharge elbow on its
outlet and extend the discharge thru the roof. Provide a Wilson exhaust head on the
roof. The relief valve shall be sized to match the maximum capacity of the pressure
reducing valve or the valve bypass, whichever is the larger in accordance with A-402
of the National Board Inspection Code.
PART 3 - EXECUTION
3.01 INSTALLATION OF SYSTEMS
A. Avoid sags and pockets in steam supply and condensate return lines. Grade each of
these ,lines carefully to insure the unimpeded supply of steam to all heating devices
and the prompt return of condensate to the receiver.
B. Pitch condensate return lines and steam lines graded down in the direction of flow not
less than 1" in 40 feet. Pitch back graded steam lines not less than 1" in 20 feet. Pitch
horizontal runouts to risers and heating elements not less than 1/2" per foot with
branches to heating elements grading upward from heating supply mains and
downward to return lines.
99093 15310-3
3.02 CLEANING
A. Make final connections to the steam and return mains at the points shown and make
all required temporary connections to properly accomplish the cleaning operations.
Admit steam at design pressure to the complete new system for 6 hours or more,
wasting returns to sewer or to exhaust. Then reconnect returns into receivers.
Remove the temporary blank cover plate from each trap and install the regular cover
plate with element. Again admit steam at design pressure to the complete system for 6
hours or more, then again remove the cover on each trap and carefully wipe off all
grease and dirt. Replace each trap cover tightly on its body and renew any damaged
gaskets. Clean out all strainers and scale pockets.
B. During all cleaning operations, constantly observe all parts of the circulating systems
for leaks and for faulty circulation and correct any defects. Take precautions during the
cleaning operations to protect not only the mechanical work, but the work of all other
trades; and should any damage be done, it shall be repaired as new.
3.03 TESTING
A. Before concealing or insulating any lines, test all piping. Isolate all pressure sensitive
equipment. Test all steam and condensate lines with water pressure of 200 psig for
not less than 4 hours with no leaks.
END OF SECTION
", 99093 15310-4
C.
Make upfeed branch connections from mains at an angle of 45 degrees upward from
the horizontal and use eccentric fittings where the mains change size. Make downfeed
branch connections into the return mains above the centerline of the main;
perpendicularly at a 45 degree angle.
D.
Install drip traps of the types indicted, where shown on the drawings. Where capacities
are not indicated, select each with a capacity of at least twice the rated load of the
heating device served. Select traps in low pressure system (15 psig and less) at 112
psig differential across the trap. Install start-up blow -down valves at the end of each
steam main to meet ASME Piping Code, for the purpose of draining liquid condensate
from the steam line at start-up. Valves shall be minium 1" size gate valve, as specified
E.
under "Valves".
Install strainers where indicated. Select strainers for the applicable working pressures
with baskets of brass screening suitable for the duty involved. Use "Y" pattern
strainers generally with screwed connections up through 2" size and flanged
connections above 2 size. Where indicated or necessitated by the accessibility, use
W
vertical pattern strainers. Install valved blow -offs the full size of the blow off opening
F.
on all strainers.
Route all relief lines thru the roof. Provide a Wilson exhaust at termination of all steam
,.,
relief lines at the roof.
G.
In the low pressure system (less than 15 psig) grade return lines down from the steam
traps to the receiver so that all condensate will return to the receiver by gravity with no
H.
lifts enroute.
In medium and high pressure systems (over 15 psig) lifts will be permitted in return
lines only at trap discharges where absolutely necessary, and where the steam supply
is not controlled by an automatic throttling valve.
3.02 CLEANING
A. Make final connections to the steam and return mains at the points shown and make
all required temporary connections to properly accomplish the cleaning operations.
Admit steam at design pressure to the complete new system for 6 hours or more,
wasting returns to sewer or to exhaust. Then reconnect returns into receivers.
Remove the temporary blank cover plate from each trap and install the regular cover
plate with element. Again admit steam at design pressure to the complete system for 6
hours or more, then again remove the cover on each trap and carefully wipe off all
grease and dirt. Replace each trap cover tightly on its body and renew any damaged
gaskets. Clean out all strainers and scale pockets.
B. During all cleaning operations, constantly observe all parts of the circulating systems
for leaks and for faulty circulation and correct any defects. Take precautions during the
cleaning operations to protect not only the mechanical work, but the work of all other
trades; and should any damage be done, it shall be repaired as new.
3.03 TESTING
A. Before concealing or insulating any lines, test all piping. Isolate all pressure sensitive
equipment. Test all steam and condensate lines with water pressure of 200 psig for
not less than 4 hours with no leaks.
END OF SECTION
", 99093 15310-4
SECTION 15411 - HANGERS AND SUPPORTS
PART 1 - GENERAL
1.01 NOTE
A. Conform with applicable provisions of the General Conditions, Special Conditions,
General Requirements, and Supplemental Conditions.
1.02 SUBMITTALS
A. Submit manufacturer's data on all materials.
1.03 SCOPE
A. The Contractor for the work covered by each section of the specifications shall
furnish and install all hangers, supports and isolation required by pipe or equipment
included in this work.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Materials shall be provided for the support of all piping and equipment. The following
tabulation lists materials suitable for this duty. Equal materials manufactured by Fee
and Mason, Carpenter -Patterson, Grinnell or Modern will be considered.
MATERIAL
Hanger
Hanger
Hanger
Wall Bracket
Pipe Clamps
- Pipe Clamps
Pipe Rest
Beam Clamps
Adjuster
SERVICE
Steel Lines 3" and smaller
Steel lines 4" and larger
Outside Insulation -all lines
All
2" and Smaller
3" and Larger
All
All
All
FEE AND MASON CAT.
215 or 199
239
239
150, 151, or 155
304
241
295 or 291
249, 254, 255, 282, 280
2381
2.02 HANGER RODS
A. All individually suspended horizontal pipes shall be supported by steel rods sized as
follows:
Rod Diameter Size of Steel Pipe or Size of Cast Iron
Copper Tube Supported Pipe Supported
3/8" 2-1/2" and smaller 3" and smaller
1/2" 3" and 4" 4" through 6"
5/8" 5" through 8" 8" through 10"
2.03 HANGER SPACING
A. All hangers shall be so located as to properly support horizontal lines without
appreciable sagging of these lines. The following table gives minimum spacing for
copper, and steel lines, but hangers shall be more closely spaced where
necessitated by conditions or the type of pipe involved or required by code.
99093 15411-1
ii
Size of Line Hanger Spacing in Feet
3/4" and smaller 5
1" through 1-1/2 7
2" and larger 10
PART 3 - EXECUTION
3.01 INSTALLATION OF SUPPORTS
A. All pipes shall be adequately supported. All piping shall be installed with due regard
to expansion and contraction, and the type of hanger, method of support, location of
supports, etc. shall be governed in part by this consideration. Transmission of
vibration and noise shall also be considered and any special suspension with
vibration dampeners required to minimize transmissions shall be used where
specified or required.
B. All exposed vertical risers running near walls shall be supported from the walls.
Each line shall have a minimum of 2 supports, not greater than 10'0" on centers, with
the additional provision that there shall be a support near the top of the riser. All
supports shall be aligned.
C. All vertical pipes shall be supported with riser clamps sized to fit the lines and to
adequately support their weight. At the bases of lines, where required for proper
supports, furnish and install anchor base fittings or other approved supports.
D. Where vertical lines run down to a point near the floor and a support is needed, they
may be supported by means of a pipe leg welded to the pipe, extending down to the
floor and terminating in a capped end resting on the floor.
E. Where pipes other than those specified hereinbefore, are running along walls, they
shall be supported using hangers as described hereinbefore, but suspended from
brackets bolted to the wall. Specially fabricated clips or U -braces may be used
where commercially manufactured items are not available in the proper size.
F. Where pipes run under steel construction, use beam clamps on beams. Under steel
joists, piping may be suspended from rods thru the bottom chord with washers and
double nuts. On piping larger than 4", verify the joist strength before installation.
G. Where multiple lines are run horizontally at the same elevations and grades, they
may be supported on trapezes formed for sections of Unistrut, angle iron, or
channels suspended on rods or pipes. Trapeze members, including the suspension
rods, shall be properly sized for the number, size and loaded weight of the lines they
are to support. Trapeze spacings shall be in accordance with the preceding table for
the smallest line supported on or from the trapezes.
H. The insulation or horizontal lines shall be protected by low compression insulation
shields. On all pipes the shields shall be Fee and Mason Fig. 81 or rolled 14 gauge
galvanized. The shields on horizontal lines shall be positioned so that they
encompass the bottom of the pipe and are centered on the hanger or support. On
vertical lines there shall be two shields of the same type full encompassing the pipe
at each clamp. Shields shall be secured with a 3/4" wide lacquered steel band at
each end.
END OF SECTION
P 99093 15411-2
res
SECTION 15510 - INSULATION
PART 1 - GENERAL
1.01 NOTE
A. Conform with applicable provisions of the General Conditions, Special Conditions,
General Requirements and Supplemental Conditions.
1.02 SUBMITTALS
A. Submit manufacturer's data on all materials.
1.03 SCOPE
A. This section of the specifications comprises the furnishing of all labor, materials,
transportation, tools and appliances and in performing all operations in connection with
the installation of thermal insulation, coverings, jackets, supports, shields, etc. as
described herein and/or as shown on the accompanying drawings, or reasonably
implied therefrom. All surfaces which may vary from the ambient temperature shall be
insulated unless specifically excepted.
B. Where specified, insulate valves and fittings with one coat insulating cement equal to
OC -110 built up to the thickness of the adjoining pipe covering and vapor seal with two
1/8 inch wet coats of vapor barrier mastic equal to Benjamin Foster No. 65-07
reinforced with glass fabric extending 2" onto the adjacent insulation.
PART 3 - EXECUTION
3.01 STEAM AND CONDENSATE PIPING
A. Steam lines and the returns in connection therewith shall be insulated completely using
Manville "Thermo -12" molded pipe covering; except for a cooling leg on the run to
each condensate drip trap.
B. The bodies of valves, unions, flanges, and other appurtenances shall be covered. On
the uncovered cooling leg, the line from the scale pocket to the trap body shall be
uninsulated, but insulate from the trap discharge on. Insulation shall be beveled off at
valve bonnets, trap bodies, at plugs on strainers, and at caps on scale pockets. Lines
3" and smaller in size shall be covered with 2-1/2" thick insulation and lines 4" and
larger in size shall be covered with 3-1/2" thick insulation. On three inch and smaller
lines, valves and fittings shall be insulated with insulating cement to the same
thickness as adjacent pipe and then covered with a jacket. Unions shall be covered by
building up with insulating cement to an equivalent thickness of the adjacent piping or
-- partially building up with insulating cement and finishing with larger sectional insulation
or block insulation lagged on and finishing as described for fittings on larger lines. On
lines 3-1/2 inches and larger in size, the bodies of valves and fittings and the flanges in
all lines shall be insulated using block insulation of the same type as used on the
adjacent pipe, but 1/2 inch less in thickness. The blocks shall be carefully fitted and
securely wired in place and then covered with two coats of insulating cement to a total
thickness of 1/2 inch and then covered with jacket. At flanges, the insulation shall
extend at least two inches over the adjacent pipe covering on each side and the joints
shall be filled with insulation and sealed with insulating cement.
C. On the above insulated lines, the outer jackets on all lines exposed in any space,
including machinery rooms, shall be glass cloth. On those lines running concealed in
99093 15510-1
END OF SECTION
99093 15510-2
e
chases, furrings, and attics, the outer jacket shall be Manville flame safe GPC. The
flaps shall be sealed and all other jacket shall be pasted on using Benjamin Foster
30-36.
D. Steam and Condensate Piping: Steam lines and the returns in connection therewith
shall be insulated completely using Manville "Micro-lok 850" molded pipe covering.
E. The bodies of valves, unions, flanges, and other appurtenances shall be covered. On
the uncovered cooling leg, the line from the scale pocket to the trap body shall be
uninsulated, but insulate from the trap discharge on. Insulation shall be beveled off at
valve bonnets, trap bodies, at plugs on strainers, and at caps on scale pockets.
F. For Low Pressure Steam up to 15 psig and 250 Deg. F.: Lines 2" and smaller in size
shall be covered with 1-1/2" thick insulation; lines 2-1/2" to 6" in size shall be covered
with 2 thick insulation; lines larger than 6" in size shall be covered with 3-1/2" thick
i
insulation. For high pressure steam up to 100 psig and 350 deg. F., lines 4" in size
and smaller shall be covered with 2-1/2" thick insulation and lines larger than 4" in size
shall be covered with 3-1/2" thick insulation. Valves and fittings shall be insulated with
insulating cement to the same thickness as adjacent pipe and then covered with a
jacket. Unions shall be covered by building up with insulating cement to an equivalent
thickness of the adjacent piping or partially building up with insulating cement and
finishing with larger sectional insulation. At flanges, the insulation shall extend at least
two inches over the adjacent pipe covering on each side and the joints shall be filled
with insulation and sealed with insulating cement.
G. On the above insulated lines, the outer jackets on all lines exposed in any space,
including machinery rooms, shall be glass cloth. On those lines running concealed in
chases, furrings, and attics, the outer jacket shall be Manville flame safe APT. The
flaps shall be sealed.
END OF SECTION
99093 15510-2
e
SECTION 15610 -METERING
PART 1 - GENERAL
1.01 NOTE
A. Conform with applicable provisions of the General Conditions, Special Conditions,
General Requirements and Supplemental Conditions.
1.02 SUBMITTALS
A. Submit manufacturer's data on all materials.
1.03 SCOPE
A. This section of the specifications comprises the furnishing of all labor, materials,
transportation, tools and appliances and in performing all operations in connection with
the installation of equipment for metering and displaying the Pounds of steam flowing
from Texas Tech University Central Plant to the City of Lubbock Coliseum/Auditorium
and metering and displaying the pounds of condensate flowing from the City of
Lubbock Coliseum/Auditorium to the Texas Tech University Central Plant. All metering
equipment shall be installed in strict accordance with the manufacturer's directions.
1.04 EQUIPMENT
A. The steam meter shall be installed in the steam piping in the basement of the
Auditorium. The condensate meter shall be installed in the condensate piping in the
basement of the Auditorium. One shall measure steam and the other shall measure
condensate. Both meters shall provide flow readouts in the Auditorium basement and
in the Texas Tech University Central Plant,
B. The Steam meter shall be a Model Micro Motion Coriolis ELITE sensor, 2" 316L
STAINLESS STEEL Process Connections 1-1/2" ANSI 150 -Ib. weld neck raised face
flange. Case options standard pressure containment, Electronic interface 9 -wire; -box.
Integral mount transmitter with flow meter. Output 4-20mA with HART, 0-1K Hz
frequency. Power 85-250 VAC display. 3/" NPT conduit connections: no glands,
approvals UL.
C. The condensate meter shall be a Model Micro Motion Coriolis R -Series 1, 1 -inch 316L
stainless steel flow meter configuration with integrally mounted IFT9703 or 5300
transmitter (at time of purchase). Process connections 1" ANSI 150 -Ib weld neck
raised face flange. Approvals UL.
D. Contractor shall obtain start-up assistance and operational training from the
manufacturer.
E. Provide and install a pair of 24 AWG shielded conductors for each utility measurement
of steam use and condensate recovery. These conductors shall be in 3/" rigid
galvanized steel conduit using NEMA 3R pull boxes and splice cabinets. These
conduits shall run through the utility tunnel from the City of Lubbock
Auditorium/Coliseum to the Texas Tech University Central Utility Plant No. 1. The
conduits shall be extended to existing cable trays. The approximate cable length of
the runs is 4,300 ft. Cable shall have insulation rated for 600 volts.
oft 99093
END OF SECTION
15610-1
A
DESIGN IN FILE
SEE
RESOLUTION
r
r
r
r
v
r
L
r
r
a
CITY OF LUBBOCK
SPECIFICATIONS FOR
CITY OF LUBBOCK MUNICIPAL COLISEUM STEAM SYSTEM
MODIFICATIONS
ITB #198-01 /RS
CITY OF LUBBOCK
Lubbock, Texas
LICENS a"s"
DATE `r
Z*'wo 4Z )
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: CITY OF LUBBOCK MUNICIPAL COLISEUM STEAM SYSTEM MODIFICATIONS
ADDRESS: LUBBOCK, TEXAS
e
ITB NUMBER: 198-01/RS
PROJECT NUMBER: 9693.9210.30000
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
n
INDEX
1.
NOTICE TO BIDDERS
2.
GENERAL INSTRUCTIONS TO BIDDERS
3.
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
4.
PAYMENT BOND
5.
PERFORMANCE BOND
6.
CERTIFICATE OF INSURANCE
7.
CONTRACT
8.
GENERAL CONDITIONS OF THE AGREEMENT
g.
CURRENT WAGE DETERMINATIONS
10.
SPECIFICATIONS
r
folk
OF%
NOTICE TO BIDDERS
w
g NOTICE TO BIDDERS
ITB #198-011RS
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 14th day of August, 2001, 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 with a budget
amount of $70.000.00:
"CITY OF LUBBOCK MUNICIPAL COLISEUM STEAM SYSTEM MODIFICATIONS"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in
the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written.
- Bids are due at 2:00 o'clock p.m. on the 14th day of August, 2001, and the City of Lubbock City Council will
consider the bids on the 23rd day of August, 2001, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as
^* soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities.
The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code,
in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful
bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of
^+ 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be
issued by a company carrying a current Best Rating of B or su erior.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after
notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local
- conditions under which the work is to be done. It shall be understood and agreed that all such factors have been
thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre-bid
., conference on 2nd day of August, 2001 at 10:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock,
Texas.
Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13" Street, Lubbock,
Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00
refundable deposit per set. Plans and specifications may be obtained from Fanning, Fanning & Associates, Inc.,
2555 74th Street, Lubbock, Texas 79423, Phone: (806) 745-2533. Plans and specifications will be shipped at the
bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur
shipping charges and must furnish the name of the service to be used and the bidder's account number.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included
in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is
specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a,
Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the
contractor of the prevailing rates of wages as heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and
bid openings are available to all persons regardless of disability. If you would like bid information made available in a more
accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775-
2281 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
` VICTOR KILMAN
PURCHASING MANAGER
GENERAL INSTRUCTIONS TO BIDDERS
i
OM
1
2
3
a
GENERAL INSTRUCTIONS TO BIDDERS
BID DELIVERY. TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish CITY OF LUBBOCK
MUNICIPAL COLISEUM STEAM SYSTEM MODIFICATIONS per the attached specifications and
contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 14th day of August,
2001 at the office listed below. Any bid received after the date and hour specified will be rejected and
returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope
or container plainly labeled in the lower left-hand corner: "ITB #198-01/RS, CITY OF LUBBOCK
MUNICIPAL COLISEUM STEAM SYSTEM MODIFICATIONS" and the bid opening date and time.
Bidders must also include their company name and address on the outside of the envelope or container.
Bids must be addressed to:
Victor Kilman, Purchasing Manager
City of Lubbock
1625 13th Street, Room L-04
Lubbock, Texas 79401
1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a
bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand
deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier
service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS.
1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
PRE-BID MEETING
2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda
as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre-bid meeting
will be held at 10:00 a.m. August 2nd 2001 in Purchasing Conference Room L04, Lubbock. Texas. All
persons attending the meeting will be asked to identify themselves and the prospective bidder they
represent.
2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The
City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do
not attend the pre-bid meeting.
ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda.
3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may
request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the
event the Purchasing Department deems the interpretation to be substantive, the interpretation will be
made by written addendum issued by the Purchasing Department. Such addendum issued by the
Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will
become part of the bid package having the same binding effect as provisions of the original bid. NO
VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for
interpretation considered, the request must be submitted in writing and must be received by the City of
Lubbock Purchasing Department no later than five (5) days before the bid closing date.
3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in
preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with
any individuals, employees, or representatives of the City and any information that may have been read in
any news media or seen or heard in any communication facility regarding this bid should be disregarded in
preparing responses.
3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
•+ 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all
requirements before submitting a bid to ensure that their bid meets the intent of these specifications.
4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations
that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to
Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to
comply, in every detail, with all provisions and requirements of the Invitation to Bid.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents,
shall be given to the Purchasing Manager and a clarification obtained before the bids are received,
and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it
shall be deemed that the bidder fully understands the work to be included and has provided
sufficient sums in its bid to complete the work in accordance with these plans and specifications.
If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions,
' then it shall be deemed for all purposes that the plans and specifications are sufficient and
adequate for completion of the project. It is further agreed that any request for clarification must
be submitted no later than five (5) calendar days prior to the opening of bids.
5 BID PREPARATION COSTS
5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a bid.
5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
mom+ 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to
release such information initially, but please note that the final determination of whether a particular
portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from
public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the
event a public information request is received for a portion of your bid that you have marked as being
�* confidential information, you will be notified of such request and you will be required to justify your legal
position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In
the event that it is determined by opinion or order of the Texas Attorney General or a court of competent
jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the
Government Code and Section 252.049 of the Local Government Code, then such information will be
made available to the requester.
6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open
Records Act.
7 LICENSES, PERMITS, TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may
be required to pay.
8 CONFLICT OF INTEREST
8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with
any employee, official or agent of the City of Lubbock.
8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered,
conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special
treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other
exercise of discretion concerning this bid.
2
""" 9 CONTRACT DOCUMENTS
9.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
9.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for
the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
10 PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
. 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the
bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any
,., combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single
source. Such notification must be submitted in writing and must be received by the City of Lubbock
Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such
notifications will be made.
r+ 11.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB)
MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE
BID CLOSING DATE AND ADDRESSED TO:
RON SHUFFIELD, SENIOR BUYER
City of Lubbock
1625 13"' Street
�6, Lubbock, Texas 79401
Fax: (806) 775-2164
Email: rshuffield@mail.ci.lubbock.tx.us
12 TIME AND ORDER FOR COMPLETION
^' 12.1 The construction covered by the contract documents shall be fully completed within NINETY (90)
CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of
Lubbock to the successful bidder.
12.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided,
however, the City reserves the right to require the Contractor to submit a progress schedule of the work
contemplated by the contract documents. In the event the City requires a progress schedule to be
submitted, and it is determined by the City that the progress of the work is not in accordance with the
progress schedule so submitted, the City may direct the Contractor to take such action as the City deems
necessary to ensure completion of the project within the time specified.
13 PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
14 AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute
an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements
contemplated by the contract documents have been paid in full and that there are no claims pending, of which the
Contractor has been notified.
15 MATERIALS AND WORKMANSHIP
3