HomeMy WebLinkAboutResolution - 2001-R0358 - Contract For Fitness Center Renovations - Art Cuevas Construction - 09/13/2001Resolution No. 2001-RO358
September 13, 2001
Item No. 55
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 fitness
center renovations, per ITB ##205-01/RS, by and between the City of Lubbock and Art
Cuevas Construction 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
ATTEST:
13th day of
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Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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Victor Kilman, tPurchasing Manager
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
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September 4, 2001
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WINDY SfYTON, MAYOR
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CITY OF LUBBOCK
SPECIFICATIONS FOR
CITY OF LUBBOCK FITNESS CENTER RENOVATIONS
ITB #205-01/RS
CITY OF LUBBOCK
Lubbock, Texas
CITY OF LUBBOCK
INVITATION TO BID
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TITLE: CITY OF LUBBOCK FITNESS CENTER RENOVATIONS
ADDRESS: LUBBOCK, TEXAS
ITB NUMBER: 205-01/RS
PROJECT NUMBER: 9747.9211
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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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
9.
CURRENT WAGE DETERMINATIONS
10.
SPECIFICATIONS
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
ITB #205-01/RS
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 28th 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 30 000.00:
"CITY OF LUBBOCK FITNESS CENTER RENOVATIONS"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in
the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written.
Bids are due at 2:00 o'clock p.m on the 28th day of August 2001, and the City of Lubbock City Council will
consider the bids on the 13th day of September 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
.•A 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 16th_ day of August 2001 at 11:00 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 13th 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 Jones Rowntree Architects, 2734
82nd Street, Lubbock, Texas 79423, Phone: (806) 792-0096. Plans and specifications will be shipped at the bidder's
expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping
charges and must furnish the name of the service to be used and the bidder's account number.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included
in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is
specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a,
Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the
contractor of the prevailing rates of wages as heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and
bid openings are available to all persons regardless of disability. If you would like bid information made available in a
more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806)
775-2281 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
VICTOR KILMAN
PURCHASING MANAGER
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GENERAL INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
1 BID DELIVERY TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish CITY OF LUBBOCK
FITNESS CENTER RENOVATIONS per the attached specifications and contract documents. Sealed
bids will be received no later than 2:00 p.m. CST, the 28th day of Au ust, 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 #205-01/RS, CITY OF LUBBOCK FITNESS CENTER RENOVATIONS" and
the bid opening date and time. Bidders must also include their company name and address on the
outside of the envelope or container. Bids must be addressed to:
Victor Kilman, Purchasing Manager
City of Lubbock
1625 13th Street, Room L-04
Lubbock, Texas 79401
1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a
bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand
deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier
service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS.
1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
2 PRE-BID MEETING
2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda
as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre-bid meeting
will be held at 11:00 a.m. Au ust 16th 2001 in Purchasin 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.
BID PREPARATION COSTS
5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a bid.
5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to
release such information initially, but please note that the final determination of whether a particular
portion of your bid is in fact a trade secret or commercial or financial information that may be withheld
from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In
the event a public information request is received for a portion of your bid that you have marked as being
confidential information, you will be notified of such request and you will be required to justify your legal
position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code.
In the event that it is determined by opinion or order of the Texas Attorney General or a court of
competent jurisdiction that such information is in fact not privileged and confidential under Section
552.110 of the Government Code and Section 252.049 of the Local Government Code, then such
information will be made available to the requester.
6.3 Marking your entire bid CONFIDENTIAUPROPRIETARY 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.
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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
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It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge 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 sinyie
source. Such notification must be submitted in writing and must be received by the City of Lubbock
Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such
notifications will be made.
11.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB)
MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE
BID CLOSING DATE AND ADDRESSED TO:
RON SHUFFIELD, SENIOR BUYER
City of Lubbock
162513 1h Street
Lubbock, Texas 79401
Fax: (806) 775-2164
Email: rshuffield@mail.ci.lubbock.tx.us
12 TIME AND ORDER FOR COMPLETION
12.1 The construction covered by the contract documents shall be fully completed within SIXTY (60)
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
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
eK, 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
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
r-• 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 beenaid
p ,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.
60
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
POW 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,
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
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
this particular project shall be subcontracted. It shall be the contractor's responsibility to provide
5
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
classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the
copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made,
or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees
according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which
schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on
whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each
calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his
particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these
contract documents.
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.
28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a
bid is submitted by a firm, association, or partnership, the name and address of each member must be
given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If
the bid is submitted by a company or corporation, the company or corporate name and business address
must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
** agents or others to sign bids must be properly certified and must be in writing and submitted with the bid.
The bid shall be executed in ink.
28.3 Each bid shall be, enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
^+ endorsed on the outside of the envelope in the following manner:
28.3.1 Bidder's name
28.3.2 Bid for (description of the project).
28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids,
but no bid may be withdrawn or altered thereafter.
28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been
opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE,
ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
29 BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(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.
71,
7
8
31 BID AWARD
31.1
The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to
waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole
discretion. Unless otherwise specified herein, the City shall award the bid based on the Total Bid Amount.
31.2
All bids are evaluated for compliance with specifications before the bid price is considered. Response to
specifications is primary in determining the best low bid. Failure to comply with the specifications may
result in disqualification of the bid.
31.3
In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be
cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to
determine possible Anti -Trust violations.
' 31.4
Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder
would be required to underbid the nonresident bidder in the nonresident bidders' home state.
31.5
Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
State of Texas and under the laws of the State of Texas. In connection with the performance of work, the
Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all
other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
31.6
NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR
FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOP
GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS
'
INVITATION TO BID.
8
ft
BID SUBMITTAL
BID SUBMITTAL
LUMP SUM BID CONTRACT
DATE:
PROJECT NUMBER: #205-01/RS - CITY OF LUBBOCK FITNESS CENTER RENOVATIONS
Bid of Cxo U -G-TR C--( C0 iU (hereinafter called Bidder)
To the Honorable Mayor and 6ity Council City of Lubbock, Texas (hereinafter called Owner)
1
Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the construction of a CITY OF LUBBOCK FITNESS CENTER
RENOVATIONS having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other
related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the
construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor,
materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents,
within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the
work required under the contract documents.
MATERIALS: g �-�- �+-C �nw.z ($ 0'2/� lc� L/ % )
SERVICES: ,. D Let,—" ay-� � 17 Ce,�-{$ � �, � � �• � � )
TOTAL BID:, ,:,,,, . -J,,-
� Ito, C-<
I _C-< 7 7 )
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) consecutive calendar days thereafter
as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as
liquidated damages the sum of $0 (ZERO DOLLARS) for each consecutive calendar day in excess of the time set forth
herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents.
^� Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 28 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
.4 The. undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has bid; as provided in the contract documents.
1
r� _
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable
^^ without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the
bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all
} necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars ($ ) or a Bid Bond in the sum of 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,
insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of
receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the
undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
Pursuant to Texas Local Government Code 252.043(a), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error in the bid
price. THEREFORE, ANY CORRECTIONS TO THE BID
PRICE MUST BE MADE ON THE BID SUBMITTAL FORM
PRIOR TO BID OPENING.
(Seal if Bidder is a Corporation)
ATTEST:
12 ..,
CL " o�
Secr
(jTy
Bidder acknowledges receipt of the following addenda:
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
es++
MNVBE Firm:
nic
2
Date:
Ayrtf 1ized Signature
(Printed or Typed Name)
146--t r ,
CornIV0 b �3 .
Address
D iba CIE-- ZC,,,h h c�
�� ty, o
City Coun
�
State Zip Code
Telephone: Lo 4 (,— zz -%-)
Fax: g!Q
American I
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.
C r ctor (Signature) Contractor (Print)
CONTRACTOR'S FIRM NAME:
or Type )
CONTRACTOR'S FIRM ADDRESS: t(o {o 3
Name of Agent/Broker: le--k-4Zo S �� ' d e NNSu
79
Address of Agent/Broker: - C� -,C (05��� �3�
City/State/Zip:
Agent/Broker Telephone Number: (A 6 )24 `/' 6 C G
Date: l ot
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this bid/proposal and
award the contract to another contractor. If you have any questions concerning these requirements,
please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165.
BID #205-01/RS - CITY OF LUBBOCK FITNESS CENTER RENOVATIONS
4
I. 1
CITY OF LUBBOCK
CONTRACTOR NOTIFICATION AND ACKNOWLEDGMENT
of the presence of asbestos containing building materials (ACBM)
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 environmental, health, and safety regulations associated with
asbestos.
Fit City, located at 102 Municipal Drive, in Lubbock, contains Asbestos Containing Building
Materials (ACBM). The description of known materials and locations are listed below.
I
Type / Location: Mastic under 12 X 12 floor tile, Tan with brown accents / Aerobics
Room & Fitness Room
M Type / Location:
Type / Location:
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: NR'
Contractor Representative: 4 G'P—c rV%
Contractor Signature: �s((A Date:
Attention Purchasing dept: Please forward the signed document to the Facilities Management department, Attn: Asbestos Coordinator
w
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA DOCUMO t A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we ART CUEVAS CONSTRUCTION, INC.
7406 83 Street - Lubbock TX 39424
as Principal, hereinafter called the Principal, and MERCHANTS BONDING COMPANY (MUTUAL)
t~ 1
2100 Fleur Dr. - Des Moiaues, IA 58321-1.158
a corporation duly organized under the laws of the State of Iowa
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock
1625 13t' Street
Lubbock, TX
as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT" OF THE GREA'T'EST AMOUNT SID
for the Payment of which surra well and truly to be made, the Said Principal and theosaid Suretyafb d ou selves,
our heir's, eXecutors, administrators, successor's and assions. i(sintev anri emv^ratr%r fl"I- k%, 4,—
WHEREAS,
WHEREAS, The Principal has submitted a bid for
City of Lubbock Fitness Center Renovations
NOW, THEREFORE, if the Obligee shalt wept the bid of the Prinopal and the PftclPat shalt enter into a C*ntract with the
Obligee in accordance with the terms 6f such bid, and give such bond or bonds as may be sperif�ed In ttt$ bidding or
!'^+ Ootmact DC)Curnemts with good and suf8claw surety for the faithful Performance of such Contract and for the rom t
of labor and material furnished in the P p Payment
Contract and Pecuiion thereof or NT the event of the failure of the Principal to enter such
ghre such bond or bonds, If the Principal shalt pay to the Obligee the difference not to exceed the penalty
hest betweem the amount specified in said bid and such larger amount for which the Obligee may In good faith contract
with another POrty to Perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in
full force and affect.
Signed and sealed this 28th day of .august 2001
ART CUEVAS CONSTRUCTION, INC.
rPrinc+PQ4 -N tScwt}
r�'iacsaaJ
e Go (�«,.
MAID)
MERCHAN'T'S BONDING COMPANY (MUTUAL)
r t (seal)
t aue€s) -
Larry T, Smith aat -Fm-F
AIA DOCUMENT A31ro , Bap SONU . AIA 0. FEBRUARY 1g7a ED. THE A 4EAfCANNSTrTVTG OF ARCHITECTS, 1735 N.Y. AVE„ NW., W1�9i-fINi-270N,
..w D.G. 20M
61
i
r
Merchants Bonding_ Company
(MMAL)
POWER OF ATTORNEY
Know All Persona By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly argani2ed under the
laws of the Stale of lows, and having its principal office In the City of Des Moines, County o1 Polk, Slate Of Iowa, hath made, constituted
and appointed, and does by these presents make, constitute and appoint
Larry Truman Smith
of Lubbock and State of Texas its true and lawful Attorney -m -Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surely any and all
bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such Instrument shall
not exceed the amount of:
THREE MILLION (:3,000,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the some extent as it such bond or undertaking was
signed by the duly authonzed officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all Such eCiS of Said Attorney -in -Fact,
pursuant to the authority herein given, are hereby ratified and confirmed.
This Power -cif -Attorney is made and executed pursuant to and by authanty of the following Amended Sub9lituled and Restated By -Laws
adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992.
ART)CLE II, SECTION 8. — The Chairman of the Board or President or arty Vice President or Secretary shall have power and author-
ity to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, recognizences, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE II, SECTION 9-- The signature of any authorized ofrtoer and the Seal of the Company may be affixed by facsimile to any
Power of Attorney or Certification thereof authoring the execution and delivery of any, bond, undertauing• recognizance, or othar
suretyship obligations of the Company, and such signature and seal when so used shall have tha same force and eft out as though
manually fired.
in Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has rausad these presents to be signed by its President and its
corporate seal to be hereto affixed, this Znd day of June , 2000.
••0••0•
111 ••�0�11Qo •.
;�'• 1933
STATE OF IOWA
COUNTY OF POMC s6
MERCHANTS BONDING COMPANY (MUTUAL)
By
l --
P.•.w„r
On this 2nd day of June 2000 , before me appeared Larry Taylor, to me
personally known, who being by me duly sworn did say that he Is President of the MERCHANTS BONDING COMPANY (MUTUAL), the
corporation described in the foregoing Instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said
Corporation and that the said Instrument was signed and sealed In behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at ttie C4 of Des Moines, Iowa, the day and year first
above written.
STATE OF IOWA
COUNTY OF POL K sa.
IOWA x •
' �AfA�-`D ••
•,o'••.•••....
Notary Public, Pork County Iowa
1, William Warner- Jr.. Sacratary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
Is a true and correct copy of the POWER-OF-ATTORNE1 executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still
in force and affect
In Witness Wheraol. I have hereunto eat my hand and elfwad the Seal of the Company on
this r,/f day of /) (���� _ j ••' e��SrE �Q�•.�.�i�lrlwtit/ Fi✓�ld�! 1..�!/Y �y
M6C 0814 t?leei 19 3 � :
COMPLAINT NOTICE: Should any dispute arise about your premium=
or about a claim that you have filed, write to the company that issued
the bond or policy. If the problem is not resolved, you may also write
to the State Board of Insurance, P.O. Box 149091, Austin, Texas
78714-9091, Fax # (512) 475-1771. This notice of complaint procedure
is for information only and does not become a part or condition of this
bond or policy.
MSC 0838
CITY OF LUBBOCK
CONTRACTOR NOTIFICATION AND ACKNOWLEDGMENT
of the presence of asbestos containing building materials (ACBM)
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 environmental, health, and safety regulations associated with
asbestos.
Fit City,located at 102 Municipal Drive, in Lubbock, contains Asbestos Containing Building
Materials (ACBM). The description of blown materials and locations are listed below.
Type / Location: Mastic under 12 X 12 floor tile, Tan with brown accents / Aerobics
Room & Fitness Room
Type / Location:
Type / Location:
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
PAYMENTBOND
POND
p/C�I.y#�yTEC� K
LICEN� D i SAS _.
Cil BY
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Qwner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Art Cuevas Construction, Inc. Merchants Bonding Company (Mutual)
7406 83`d Street 2100 Fleur Dr.
Lubbock, TX 79424 Des Moines, IA 50321-1158
OWNER (Name and Address):
City of Lubbock
162513 th Street
Lubbock, TX
CONSTRUCTION CONTRACT
Date: 13d' Sept. 2001
Amount: $36,155.77 City of Lubbock Fitness Center Renovations
Description (Name and Location): Lubbock, TX
BOND TX 576492
Date (Not earlier than Construction Contract Date): 13TH Sept. 2001
Amount: $36,155.77
Modifications to this Bond: [ ] None See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company:
Company: (Corporate Seal) Merchants Bonding Company Mutual (Corporate Seal)
Art Cuevas Construction 2100 Fleur Drive
740883 rd Street —Lubbock, TX 794124 Des Moines, IA 50321-1158
Signature: 4 Signature:
Name and Titl . Name and Title:
Don E. Smith, Attorney -in -Fact
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY -Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
Smith Construction Bonding Inc.
4099 McEwen Suite 410
Farmers Branch, Texas 75244 (972)980-8175
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA 0
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006
N-+ A312-1984
I The Contractor and the Surety, jointly and severally, bind
.� themselves, their heirs, executors, administrators, successors and
assigns to the Owner to pay for labor, materials and equipment
furnished for use in the performance of the Construction Contract,
which is incorporated herein by reference.
n�
2 With respect to the Owner, this obligation shall be null and void if
the Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums
due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from
s•, claims, demands, liens or suits by any person or entity whose
claim, demand, lien or suit is for the payment for labor, materials or
equipment furnished for use in the performance of the
Construction Contract, provided the Owner has promptly notified
., the Contractor and the Surety (at the address described in
Paragraph 12) of any claims, demands, liens or suits and tendered
defense of such claims,demands, liens or suits to the Contractor
and the Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be null and void if
the Contractor promptly makes payment, directly or indirectly, for
all sums due.
t
4 The Surety shall have no obligation to Claimants under this Bond
until:
4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereof, to
the Owner, stating that a claim is being made under this Bond and,
with substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the
Contractor:
1 Have furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last performed labor or last furnished materials or
�... equipment included in the claim stating, with substantial
accuracy, the amount of the claim and the name of the party
w. to whom the materials were furnished or supplied or for whom
the labor was done or performed; and
2 Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by
which the Contractor has indicated the claim will be paid
directly or indirectly; and
Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in Paragraph
12) and sent a copy, or notice thereof, to the Owner, stating that a
claim is being made under this Bond and enclosing a copy of the
previous written notice furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the Owner to the
Contractor or to the Surety, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of Paragraph 4,
the Surety shall promptly and at, the Surety's expense take the
following actions:
AIA Document A312- Performance
6.1 Send an answer to the Claimant, with a copy to the Owner,
within 45 days undisputed and the basis for challenging any
amounts that are disputed after receipt of the claim, stating the
amounts that are.
6.2 Pay or arrange for payment of any undisputed amounts.
7 The Surety's total obligation shall not exceed the amount of this
Bond, and the amount of this Bond shall be credited for any
payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of the
Construction Contract and to satisfy claims, if any, under any
Construction Performance Bond. By the Contractor furnishing and
the Owner accepting this Bond, they agree that all funds earned by
the Contractor in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and the Surety
under this Bond, subject to the Owner's priority to use the funds for
the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or others
for obligations of the Contractor that are unrelated to the
Construction Contract. The Owner shall not be liable for payment
of any costs or expenses of any Claimant under this Bond, and
shall have under this Bond no obligations to make payments to.
give notices on behalf of, or otherwise have obligations to
Claimants under this Bond.
10 The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this
Bond other than in a court of competent jurisdiction in the location
in which the work or part of the work is located or after the
expiration of one year from the date (1) on which the Claimant
gave the notice required by Subparagraph 4.1 or Clause 4.2 (III),
or (2) on which the last labor or service was performed by anyone
or the last materials or equipment were furnished by anyone under
the Construction Contract, whichever of (1) or (2) first occurs. If
the provisions of this Paragraph are void or prohibited by law, the
minimum period of limitation available to sureties as a defense in
the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be
mailed or delivered to the address shown on the signature page.
Actual receipt of notice by Surety, the Owner or the Contractor,
however accomplished, shall be sufficient compliance as of the
date received at the address shown on the signature page.
13 When this Bond has been furnished to comply with a statutory
or other legal requirement in the location where the construction
was to be performed, any provision in this Bond conflicting with
said statutory or legal requirement shall be deemed deleted
herefrom and provisions conforming to such statutory or other
legal requirement shall be deemed incorporated herein. The intent
is that this Bond shall be construed as a statutory bond and not as
a common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall promptly
furnish a copy of this Bond or shall permit a copy to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract
with the Contractor or with a subcontractor of the Contractor to
furnish labor, materials or equipment for use in the
performance of the Contract. The intent of this Bond shall be
to include without limitation in the terms "labor, materials or
equipment" that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the
Construction Contract, architectual and engineering services
required for performance of the work of the Contractor and the
e� Contractor's subcontractors, and all other items for which a
r W MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
NONE
mechanic's lien may be asserted in the jurisdiction where the
labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between the
Owner and the Contractor identified on the signature page,
including all Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither
been remedied nor waived, to pay the Contractor as required
by the Construction Contract or to perform and complete or
comply with the other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY Merchants Bonding Company (Mutual)
Art Cuevas Construction
Company: ( Corporate Seal) Company: (Corporate Seal)
i
Signature: 4 Signature:
Name and Title: 7„`t,.Q A4 C A."As- \Ji ,,,- Name and Title: Don E.. Smith, Attorney -in-Fact
Address: 7406 83`d Street Address: 4099 McEwen —Suite 410
Lubbock, TX 79424 Farmers Branch, TX 75244
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA 0
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 A312-1984 6
Mer chants Bonding Company
(MUTUAL)
POWER OF ATTORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duty organized under the
laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted
and appointed, and does by these presents make, constitute and appoint
Don E. Smith
of Farmers Branch and Slate of Texas its true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surely any and all
bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall
not exceed the amount of:
TWO MILLION FIVE HUNDRED THOUSAND ($2,5017,000.00) Dollars
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was
COMPANY and all such acts of said Atiorney-in-Fact,
signed by the duly authorized officers of the MERCHANTS BONDING (MUTUAL),
pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-oi-Atiorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -Laws
adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992.
ARTICLE it, SECTION 8. —The Chairman of the Board or President or any Vice President or Secretary shall have power and author -
behalf the Company, and attach the Seal the Company
'""'of
ity to appoint Attorneys -in -Fact, and to authorize them to execute on of
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE 11, SECTION 9. — The signature of any authorized officer and the Seal o1 the Company may be affixed by facsimile to any
bond, undertaking, recognizance, or other
Power of Attorney or Certification thereof authorizing the execution and delivery of any
suretyship obligations of the Company, and such signature and seat when so used shall have the same force and effect as though
manually fixed.
d
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its
corporate seal to be hereto affixed, this 1st day of January -2001
r•.
• • " " • . MERCHANTS BONDING COMPANY (MUTUAL)
CN .•
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�O•.pp,P flA.9.•
PRO
By Gtr
1933 '>;;
'a
!PF"
•:'b
�' J%• .. • •'`'�•� President
STATE OF IOWA ......
COUNTY OF POLK ss.
On this 1st day of January 2001 before me appeared Larry Taylor, to me
he President the MERCHANTS BONDING COMPANY (MUTUAL), the
personally known, who being by me duly sworn did say that is of
corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said
Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors.
*
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
J '
rr Z Notary Public, Polk County; loriG
IOWA
STATE OF IOWA 'q'91 AV
COUNTY OF POLK ss. ....
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1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
by MEP.CHANTS BONDING COMPANY (MUTUAL), which is still
is a true and correct copy o1 the POWER-OF-ATTORNEY, executed said
in force and effect.
In Witness Whereof, I have hereunto set my hand and �f ie jhe Sea! of the Company on
this 13thdayof September U lCO,J�
• W,,%��,-�/ �'��'�,
A,� '• secretary
rnsc os,c ruse) ;�' 1933 C:
y��3u,' •L�a�y:
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Merchants Bonding company
Please send all notices of claim on this bond to:
Merchants Bonding Company (Mutual)
6850 Austin Center Blvd., Suite 200
P. O. Box 26720
Austin, TX 78755-0720
(512) 343-9033
No Text
10/22/2001 11:00 8067940196
DAVID TATE INS PAGE 01
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aocuCER hAVID TATE INSURANCE AGENCY
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5233 79Th
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
LUBBOCK TX 79424
COMPANIES AFFORDING COVERAGE
(806) 794-1177
COMPANY
A Cok=RICAL CASUALTY INSURANCE CO
suRED
COMPANY
Art Cuevas Construction Inc.
7406 83rd
OMPANY
Lubbock TX 79424
COMPANY
06 866-9000
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WON
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM 0FR-CONDR1oN'OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
`
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. TAE INSURANCE AFFORDED
EXCLUSIONS
AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TR
TYPEOFINBURANCE
POLICYpUTIBEA
POLICY EF Dom
DATE 0WIDDAM
PC= EVIRATION
DATE PAWDDIMMi
LIMITS
GENERAL LU181LlTY
GENIF AL AGGREMATE $
COMMERCIAL GENERAL UAB4m►
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PERSONAL & ADV INJURY S
OVMNER S & CON f RACTOR 9 PROT
EACH OCCURRENCE 8
FIRE DAMAGE (Ary orfs Ilre) 9
MED EXP Pm ons S
AUTWOOKELUUNLITY
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DESCRIPTION
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WAIVER OF SUBROGATION ON WORK COMP
IN FAVOR OF CITY OF LUBBOCK
MAN
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SMWILO AW OF TME ABOVE DE SCAISED POUCIED BE CANCOUM tj Tr+S
CITY OF LUBBOCK
WnRATIO" DATE TMEREOF. THE WGUM COMPANY WLL MWFAVOR To MAIL
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},Q DAME WRITTEN NOTICE 70 THE CENnFICAT� MOLDER NAIIIED TO 'HE UlFr,
BOX 2000
LUBBOCK, TEXAS 79452
BIR FAIUM TO MAIL SUCN NOTICE SMALL IMPOSE No WTLWATM ON LIAGUM
RON SHEFIELD
OF ANY KINo UPON THE COMPANY, rM AMTS OR REpRESEWATIM
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Art Cuevas Construction, Inc.
7406 83rd St
Lubbock, TX 79424
COMPANY
A Maryland Casualty Co.
COMPANY
B Security National Ins. Co.
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION
I CO TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS
GENERAL
LIABILITY I
it
GENERAL AGGREGATE $ 2,000, 0001
PRODUCTS - COMP/OP AGG $ 2 000, 0 0
A
X
COMMERCIAL GENERAL LIABILITY
SCP 3 0 7 3 4 7 2 8 �12/20/00
AUTO ONLY - EA ACCIDENT $
12 / 2 0/ 01
EACH ACCIDENT $
CLAIMS MADE ❑X OCCUR
AGGREGATE $
I
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EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
PERSONAL &ADV INJURY $ 1,000, 000
/ /
EACH OCCURRENCE $ 1,000, 000
Imo+
OWNER'S & CONTRACTOR'S PROT
$
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WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
FIRE DAMAGE (Any one fire) S 50, 00
WC STATU- OTH
TORY LIMITS ER
EL EACH ACCIDENT $
EL DISEASE - POLICY LIMIT $
EL DISEASE - EA EMPLOYEE $
MED EXP (Any one person) $ 10 000
OTHER
AUTOMOBILE
LIABILITY
TCA2988079
08/19/01
08/19/02
COMBINED SINGLE LIMIT $ 500,000
X
ANY AUTO
BODILY INJURY $
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
BODILY INJURY $
~°
HIRED AUTOS
(Per accident)
NON -OWNED AUTOS
it
PROPERTY DAMAGE $
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
I
C*I
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
/ /
/ /
EACH OCCURRENCE $
AGGREGATE $
$
I
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
WC STATU- OTH
TORY LIMITS ER
EL EACH ACCIDENT $
EL DISEASE - POLICY LIMIT $
EL DISEASE - EA EMPLOYEE $
OTHER
0
ii
0
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 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
ii
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 filinc
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
if the coverage period shown on the current certificate of
showing extension of coverage,
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.
3
0
CONTRACT
rr,
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 Art Cuevas Construction 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 #205-01/RS - CITY OF LUBBOCK FITNESS CENTER RENOVATIONS - $36,155.77
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:
Secretary
4-
R VED
-
ROVED S TO ONTENT:
O er's p sentat- e
APPROVED AS TO FORM:
City Attorney
ATTEST:
Corporate Secretary
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CIT BBOC e.R)
CONTRACTOR:
By: J w --
PRINTED NAME: t -d ,cY C_ruc.n4s
TITLE: Uj e e7 t -
COMPLETE ADDRESS:
Art Cuevas Construction
740683 rd Street
Lubbock, Texas 79424
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GENERAL CONDITIONS OF THE AGREEMENT
•.s
GENERAL CONDITIONS OF THE AGREEMENT
OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of
Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Party, is used, it shall be understood to meant the person, persons, co-
partnership or corporation, to wit ART CUEVAS CONSTRUCTION, INC. who has agreed to perform the work
embraced in this contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative GARY SMITH FACILITIES 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
rte• 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 tc
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
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1
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)
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otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or
work described in words which so applied have well known, technical or trade meaning shall be held to refer such
recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
.� The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but stili
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
W 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
PM conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
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calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may
deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said
material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall
furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the
proper inspection and examination of the work. The Contractor shall regard and obey the directions and
instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and
instructions are consistent with the obligations of this Agreement and accompanying plans and specifications
provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or
inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's
Representative for its decision. in the absence of timely written objection by Contractor, as provided herein, any
and all objection or objections shall be deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
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.
P" 17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
MW 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
P" work, shall be sustained and borne by the Contractor at its own cost and expense.
18. CHARACTER OF WORKERS
I PW The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
W
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.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be
approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at
any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any
observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the
time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any
such work found to be defective or not in accordance with the contract documents, regardless of the stage of its
completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has
previously accepted the work through oversight or otherwise. If any such work should be covered without
approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for
examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at
a location where it is not convenient for Owner or Owner's Representative to make observations of such work or
require testing of said work, then in such event Owner or Owner's Representative may require Contractor to
furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated.
All such tests will be in accordance with the methods prescribed by the American Society for Testing and
Materials or such other applicable organization as may be required by law or the contract documents.
If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative,
be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
*� requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective,
and shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
• with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not
in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
• notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
0
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for 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."
6
rf
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 and
specifications are sufficient and adequate for completion of the project. It is further agreed that any
request for clarification must be submitted no later than five (5) calendar days prior to the opening of
bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
,., If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment
and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold
harmless the Owner and all 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,
ii
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.
r
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and
its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance,
rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of
payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in
conformity with the provisions hereof shall establish such waiver..
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor,
or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance
specifying each and all coverages shall be submitted prior to contract execution.
The 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 $500,000.00
Combined Single Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
B. Owner's and Contractor's Protective Liability Insurance.
For bodily injuries, including accidental death and or property damage, $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
O
7
and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance/installation Floater Insurance.
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of
potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.00.
Definitions:
.., Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority
to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-
83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's
or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental
• entity.
Persons providing services on the project ("subcontractor" in Section 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 the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
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.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
.�, (a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who will
provide services on the project will be covered by workers compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
.� does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
^^ cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) if policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
!°+ (c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
*-+ the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on fife for the duration of the project and for one
year thereafter;
"" 10
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the
commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions.";
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
�•, 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 512/440-3789 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:
"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.";
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
�•, 11
50
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i) -(viii), with the certificate of coverage to be provided to
the person for whom they are providing services.
Wft 29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
.A, 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS
OF MACHINERY EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless
against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in 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
E;-"]
32. LAWS AND ORDINANCES
�* The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form,
the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the
Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor
observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in
writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the
work. In the absence of timely written notification to Owner's Representative of such variance or variances within
said time, any objection and/or assertion that the pians and specifications are at variance with any federal, state or
local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors
perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's
Representative, Contractor shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar
as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as
though embodied herein.
33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this
.� contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required
in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as
provided by the contract documents.
34. 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 exPIR pressly 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.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute 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
61
aRae
when the Owner is having other work done, either by contract or by its own force, the Owner's Representative
may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and
the construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the
Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and
has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that
it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been
delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors
employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public
enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all
justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days
of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the
extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial,
and final. Further, in the absence of timely written notification of such delay and request for extension, as
provided herein, any request for extension by Contractor shall be deemed waived.
o-, 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 is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated
to be estimates, for the various classes of work to be done and material to be furnished under this contract, they
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
14
employees, 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
e^ 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
written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety
on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be
delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor,
no further notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any
machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or
^^+ credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for
under paragraph 24 of this contract); it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the
notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed
with diligence to complete the project as contemplated and in compliance with all terms and provisions of the
contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract,
equity or otherwise, including, but not limited to, providing for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than
the sum which would have been payable under this contract, if the same had been completed by the
Contractor, then said Contractor shall receive the difference. In case such expense is greater than the
sum which would have been payable under this contract, if the same had been completed by said
Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the work, may let the contract for the completion
of the work under substantially the same terms and conditions which are provided in this contract. In case
of any increase in cost to the Owner under the new contract as compared to what would have been the
cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and
remain bound therefore. Should the cost to complete any such new contract prove to be less than that
which would have been the cost to complete the work under this contract, the Contractor or his Surety
shall be credited therewith.
In the event the Owner's Representative elects to complete the work, as described above, when -the work shall
have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as
provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract
accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to
Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be,
shall pay the balance due as reflected by said statement within 30 days after the date of certification of
completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would
have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract,
or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over
to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price,
and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time
designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of
the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided,
however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to
17
the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the
date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net
sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made
at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than
the Contractor or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent
permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in
this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in
paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
-� The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the
amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall
be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do
business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so
furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions shall
control.
!^ 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
�. work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to
direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
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
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
MR
'"�
1
0
Jones Rowntree Architects
2734 82nd Street
Lubbock, Texas 79423-1428
City of Lubbock Fitness Center
102 Municipal Drive
Lubbock, Texas
qED A ,C,
co
�PE OF -
SPECIFICATIONS 071 '6,'n , i
DIVISION 1 - GII ERAL REQUIREMENTS
SECTION 01152 - Applications for Payment
1.01 A.I.A. Document G702, 1992 Edition
1.02 Submit three (3) copies to the Architect in accordance with the
General Conditions of the Contract.
SECTION 01300 - Submittals
1.01 Deliver submittals to Architect/ Engineer at address listed on cover
of Project Manual.
1.02 Transmit each item under Architect/ Engineer accepted form. Identify
Project, Contractor, subcontractor, and major supplier; identify
pertinent Drawing Sheet and detail number, and Specification_ section
number, as appropriate. Identify deviations from Contract
Documents. Provide space for Contractor and Architect/Engineer
review stamps.
1.03 Submit initial progress schedules and schedule of values _..
duplicate within 30 days after notice to proceed.
1.04 Shop Drawings, Product Data and Samples: Submit the number of
opaque reproductions that Contractor requires, plus two copies which
will be retained by Architect/Engineer.
1.05 Color Selections: No color selections will be approved until all
color selections are furnished to the architect.
SECTION 01400 - Quality Control
1.01 Workmanship:
A. Comply with industry standards of the region except when more
restrictive tolerances or specified requirements indicate more
riaid standards or more precise workmanship.
B. Provide suitably qualified personnel to produce Work of specified
quality.
FA
Secure products in place with positive anchorage devices designed
and sized to withstand stresses, vibration, and racking.
D. Provide finishes to match approved samples.
1.02 Manufacturer's Instructions:
A. When required in individual Specifications section, submit
manufacturer's printed instructions in quantity required for
product data, for delivery, handling, storage, assembly,
installation, startup, adjusting, balancing, and finishing, as
appropriate.
B. Should instruction conflict with Contract Documents, request
clarification from Architect/Engineer before proceeding.
SECTION 01600 - Material and Equipment
1.01 Products:
A. Products include material, equipment and systems.
B. Comply with specifications and referenced standards as minimum
requirements.
C. Components required to be supplied in quantity within a
specification section shall be the same, and shall be
interchangeable.
1.02 Storage and Protection::
A. Store Products in accordance with Manufacturers' instructions,
with seals and labels intact and legible. Store sensitive
Products in weather -tight enclosures; maintain within temperature
and humidity ranges required by manufacturer's instructions.
B. For exterior storage of fabricated Products, place on sloped
supports above ground. Cover products subject to deterioration
with impervious sheet covering; provide ventilation to avoid
condensation.
rr�
C. Store loose granular materials on solid surfaces in a well -
drained area; prevent mixing with foreign matter.
D. Arrange storage to provide access for inspection. Periodically
inspect to assure Products are undamaged, and are maintained
under required conditions.
E. After installation, provide coverings to protect Products from
damage from traffic and construction operations, remove when no
longer needed.
1.03 Product Options: Within 30 days after date of contract, submit
complete list of major products proposed, with name of manufacturer,
trade name, and model.
69
E. Architect/Engineer will determine acceptability of proposed
substitution, and will notify Contractor of acceptance or
rejection in writing within a reasonable time.
SECTION 01700 Contract Closeout
1.01 Provide project binder containing operation and maintenance data for
mechanical and electrical equipment, including all warranties.
1.02 Include listing of sub -contractors and suppliers.
1.03 Provide data material as required for miscellaneous major building
components, equipment and finish materials for operation and
maintenance purposes.
DIVISION 2 - SITE WORK
SECTION 02072 - Minor Demolition for Remodeling
1.01 Conform to applicable code for demolition work, dust control,
+* products requiring electrical disconnection and re -connection.
1.02 Obtain required permits from authorities.
1.03o not close or obstruct egress width to any building or site exit.
r_L...
1.04 Substitutions:
A. Only within 30 days after date of Contract will
Architect/Engineer consider requests from Contractor for
substitutions. Subsequently, substitutions will be considered
only when a Product becomes unavailable due to no fault of
Contractor.
E. Document each request with complete data substantiating
compliance of proposed substitution with Contract Documents.
C. Request constitutes a representation that Contractor:
1. Has investigated proposed Product and determined that it
meets or exceeds, in all respects, specified Product.
2. Will provide the same warranty for substitution as for
specified Product.
*�+
3. Will coordinate installation and make other changes that
may be required for Worktobe complete in all respects.
4. Waives claims for additional costs that may subsequently
become apparent.
D. Substitutions will not be considered when they are indicated or
implied on Shop Drawing or Product Data submittals without
separate written request, or when acceptance will require
substantial revision of Contract Documents.
E. Architect/Engineer will determine acceptability of proposed
substitution, and will notify Contractor of acceptance or
rejection in writing within a reasonable time.
SECTION 01700 Contract Closeout
1.01 Provide project binder containing operation and maintenance data for
mechanical and electrical equipment, including all warranties.
1.02 Include listing of sub -contractors and suppliers.
1.03 Provide data material as required for miscellaneous major building
components, equipment and finish materials for operation and
maintenance purposes.
DIVISION 2 - SITE WORK
SECTION 02072 - Minor Demolition for Remodeling
1.01 Conform to applicable code for demolition work, dust control,
+* products requiring electrical disconnection and re -connection.
1.02 Obtain required permits from authorities.
1.03o not close or obstruct egress width to any building or site exit.
r_L...
1. 04 Conduct demolition to minimize interference with adjacent and
occupied building areas.
1.05 Cease oiDerations immediately if structure appears to be in danger
and notify Architect/Engineer. Do not resume operations until
directed.
1.06 Protect existing materials that are not to be demolished.
1.07 Notify affected utility companies before starting work and comply
with their requirements.
1.08 Disconnect, cap, and identify affected utilities within demolition
areas.
1.09 Demolish in an orderly and careful manner. Protect existing
supporting structural.
1.10 Remove demolished materials from site except where specifically
noted otherwise. Do not burn or bury materials on site.
1.11 Remove materials as Work, progresses. Upon completion, of Werk, leave
areas in clean condition.
DIVISION 3 - CONCRETE
SECTION 03001 - Concrete
1.01 Work included: Reti,lacement of concrete slabs removed in demolition.
1.02 3,000 psi concrete
1.C3 Reinforce with 6x6 -W1.4 x w1.4 wire mesh, unless noted otherwise.
1.04 Install 1/2" fiber expansion joints at adjacent existing structure.
1.05 Finish to match existing adjacent concrete surfaces.
DIVISION 4 - MASONRY
Not Used
DIVISION 5 - METALS
SECTION 05500 - Metal Fabrications
1.01 Structural steel members: ASTM A36
ata
1.02 Structural tubing: ASTM A500, Grade B
1.03 Bolts, nuts and washers: ASTM A307
1.04 wielding materials: ACTS D1.1; type required for materials being
welded.
1.05 Primer: Tnemec 10-99 red primer or equal.
1.06 Schedule:
1. Canopy structural members.
DIVISION 6 - WOOD AND PLASTICS
SECTION 06001 - Carpentry Work
1.01 Rough Carpentry
A. Blocking at Interior Walls: Stud grade western white wood.
B. Install blocking in stud walls where required for millwork,
accessories, and plumbing fixtures. Contractor shall be
responsible for determination of requirement for, and 'Location of
blocking.
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
SECTION 07213 - Blanket and Batt Insulation
1.01 Ceiling Insulation for Lay -in Ceilings: Owens-Corning
Fiberglas Sonobatts, unfaced, R-30, 24" x_ 48" batty.
1.02 Interior Wall Insulation.: Owens-Corning Fiberglas Thermal Batt
Insulation, unfaced, 3-1/2" thick, R-13, 16" x 96" Batts. Friction
fit between metal studs.
SECTION 07415 - Infill Panels
1.01 Panels to be glazed into a window or curtain wall system.
1.02 Panels: Laminated metal faced panels as manufactured by Mapes
T_ndustries, or approved equal.
1.03 Finish: Primed finish exterior and interior faces.
1.04 Core: High density tempered 'hardboard.
1.05 Panel Thickness: 1/4"
1.06 Installation.: Glaze panels in accordance with manufacturer's
recommendations. Weather seal all joints.
SECTION 07610 - Metal Roofing
1.01 Metal canopy roof panels: MB CI "R Panel", 26 gauge, prefinished.
1.02 Metal trim for rake: Manufacturer's standard or custom broken as
0" required by details and condition. Color as selected by Owner from
manufacturer's standard colors.
ft
ma.
-
SECTION 07900 - Sealants and Joint Treatments
x.01 Joins. Sealant: Sonneborn Sonolastic NP -1.
1.02 Joint Filler: Sonofoam Backer -Rod.
1.03 Caulking: Scnneborn Sonclac.
DIVISION 8 - DOORS AND WINDOWS
SECTION 08110 - Standard Steel Doors
1.01 Ceco Door Products Medallion Series, SDI -100 Grade II
Heavy-duty, 1
3/4" thick, 18 gauge, full flush panel or flush panel
with half-
light, tempered glass as scheduled.
SECTION 08111 - Standard Steel Frames
1.01 Ceco Door Products Steel Frames, SDI -100 16 gauge, welded
construction.
SECTION 08700 - Hardware
-.01 Hardware Schedule
HW -1 Opening No. 1 - Each door to have:
3 ea. Hager Butts BB1279 NRP 4.5 x 4.5
652
1 ea. Corbin Russwin Exit Device ED5200 x T1357
630
1 ea. Corbin Russwin Closer DC2210A4 x M54
689
lea. Hager Kickplate 10" x 34"
630
1 ea. Pemko Threshold 170A 3'-0"
1 set Pemko Weatherstrip 303AV 3'-0" x 6'-8"
1 Ea. Pemko Sweep 307 AV 3'-0"
HW -2 Opening No. 2 - Each door to have:
3 ea. Hager Butts BB1279 4.5 x 4.5
652
1 ea. Corbin Russwin Exit Device ED5200 x N755
630
1 ea. Corbin Russwin Closer DC2210A4 x M54
689
1 ea. Hager Kickplate 10" x 34"
630
3 ea. Hager Silencers 307D
H79-3 Opening Nos. 3 & 5 - Each door to have:
3 ea. Hager Butts BB1279 4.5 x 4.5
652
1 ea. Hager Push 30S 4" x 16"
630
1 ea. Hager Pull 31E 4" x 16"
630
1 ea. Corbin Russwin Closer DC3210 x M54
689
1 ea. Hager Kickplate 10" x 34"
630
3 ea. Hager Silencers 307D
HW -4 Opening No. 4 - Each door to have:
1 ea. Corbin Russwin CL3357 NZD
630
Reuse remainder of existing hardware
N
"* 1.02 Existing Doors to Remain: Rework existing hardware for proper
operation. Use salvaged hardware if/as required.
ems+
1.03 Provide three keys and one extra key blank for each new lock.
SECTION 08800 - Glass and Glazing
1.01 Exterior Glass: 1/4" thick PPG Herculite tempered glass; Solarbronze
tinted.
1.02 Interior Glass: 1/4" thick PPG Herculite clear tempered glass.
1.03 Interior Mirror Glass: 1/4" thick polished plate glass.
DIVISION 9
- FINISHES
SECTION 09111 - Metal Stud Framing System
1.01
Interior Wall Framing: USG 358ST25 steel studs, 16" o.c.; USG 60ST25
steel studs where indicated on plans.
1_.02
Provide runner channels and accessories as required for complete
assembly.
'+
1.03
Provide bracing studs of size and spacing as required for rigid
construction.
SECTION
09260 - Gypsum Wallboard Systems
1.01
Interior Gypsum Board: USG SHEETROCK W/R Gypsum panels, 5/8" thick.
•
1.02
Gypsum Wallboard Accessories: USG DUR-A-BEAD Corner Bead; USG No.
200-B Metal Trim.
1.03
Reinforcing Tape, joint Compound, Adhesive, Water, and Fasteners:
w.
GA216 .
1.04
Install gypsum board in accordance with manufacturer's instructions
and recommendations of GA 216.
1.05
Install gypsum board perpendicular to framing, with ends and edges
over firm bearina.
SECTION
09300 - Tile
1.01
Ceramic Floor Tile Type 1: Dal -Tile Keystones Series, 2" x 2" x 1/4"
size, colors as selected.
1.02
Ceramic Wall Tile Type 1: Dal -Tile Keystones Series, 2" x 2" x 1/4"
size, colors as selected.
1.03
Ceramic Wall Tile Type 2: Dal -Tile Semigloss Glazed Wall Tile, 6" x
6" x 5116" size, colors as sele--ed.
1.04 Ceramic Base Tile: Dal -Tile Sanitary Cove Base; series and size to
match corresponding wall tile.
1.05 Provide matching trim shapes as required for rounded corners at
base, wall edges, head, jamb and sills of openings.
1.06 Installation on Floors: TCA method F113, Dry Set Mortar or Latex -
Portland Cement Mortar.
1.07 Installation on Walls: TCA Method W243, Dry Set Mortar or Latex -
Portland Cement Mortar.
SECTION 09510 - Acoustical Ceilings
1.01 Suspended Lay -In Panels: 2x4 Lay -In Panels, USG No. 3270 Sheetrock
Lay -In Ceiling Tile ClimaPlus, Vinyl, square edge.
1.02 Suspension System: Donn AX System.
SECTION 09650 - Resilient Flooring
1.01 Resilient Base: Armstrong Vinyl Cove Base, 4" high, standard toe.
0"
1.02 Sheet Vinyl Flooring: Armstrong Safeguard Hydro Slip -Resistant, Vinyl
Sheet Flooring.
e-� 1.03 For patching, smoothing and leveling existing floor, provide cement -
based patch and underlayment as recommended by flooring
manufacturer. Install in accordance with manufacturer's
instructions.
1.04 Provide transition and reducing strips tapered to meet abutting
materials.
1.05 Install flooring and accessories in accordance with manufacturer's
installation instructions.
1.06 Apply water-resistant silicone caulk at perimeter of flooring and
around drains.
�+ SECTION 09900 - Painting
1.01 Exterior Metal Doors and Frames:
1 Coat Sherwin Williams Kem Kromik Universal Metal Primer, B50Z
Series.
2 Coats Sherwin Williams Metalatex Semi -Gloss Coating, B42 Series.
1.02 Exterior Ferrous Metals:
Prepare surface.
2 Coats Sherwin Williams Industrial Enamel B54.
++ 1.03 Interior Metal Doors and Frames:
1 Coat Sherwin Williams Keir, Kromik Universal Metal Primer, B50Z
Series.
2 Coats Sherwin Williams Pro Mar 200 Alkyd Semi—Gloss Enamel,
B34W200.
r
1.04 Interior Drywall:
2 Coats USG Spray Texture Finish - Orange peel pattern.
1 Coat Sherwin Williams Pro Mar 200 Latex Wall Primer, B26W200
Series.
2 Coats Sherwin Williams Pro Mar 200 Semi -Gloss Alkyd Semi -Gloss
Enamel, B34W200 Series.
1.04 Interior Plaster:
1 Coat Sherwin Williams Wall & Wood Primer, B49W2 Series.
2 Coats Sherwin Williams Pro Mar 200 Semi -Gloss Alkyd Semi -Gloss
Enamel, B34W200 Series.
NOTE: Contractor shall verify compatibility of existing substrate
finish with specified new finish. Review any potential
incompatibilities with Architect prior to proceeding.
DIVISION 10 - SPECIALTIES
SECTION 10150 - Toilet Compartments
1.01 Type: Floor mounted, overhead braced.
1.02 Materials:
A. Poly -Mar HD Panels as manufactured by Santana Products, Inc.
B. High-density polyethylene, minimum 1" thick, with all edges
machined to a radius of .250" and all exposed surfaces free of
saw marks.
C. Aluminum edging strips to be fastened to the bottom of all doors
and panels using vandal -proof stainless steel fasteners.
1.03 Hardware:
A. Integral two-piece nylon and stainless steel pin door hinge
system.
B. Extruded aluminum door strike, keeper and latch housing;
stainless steel barrel bolt.
C. Plastic pilaster shoes and continuous wall brackets.
D. Extruded aluminum headrail with stainless steel brackets.
1.04 Installation: In accordance with manufacturer's instructions.
SECTION 10155 - Solid Plastic Vanity Units
1.01 Materials:
0
*
A. High-density polyethylene, minimum 1" thick, with all edges
machined to a radius of .250" and all exposed surfaces free of
saw marks.
OWN
B. Poly -Mar HD Panels as manufactured by Santana Products, Inc.
1.02
Hardware:
A. Vanity tops and component parts shall be attached to wall and
other plastic supports using 18" long heavy duty extruded
aluminum brackets mounted to the wall with 1-1/2" #14 screws with
plastic anchors and secured to vanity with 3/4" #14 sheet metal
screws.
B. Heavy duty extruded aluminum "L" brackets shall be used to
supplement 18" angle brackets.
1.03
Installation: in accordance with manufacturer's instructions.
SECTION 10426 - Signage:
1.01
Interior Accessibility Signs: Allenite, 1/8" photo polymer etched
plastic with 1/32" high integral letters, symbols and braille text;
Helvetica Medium letter style; 5/8" high letters for words, 1" high
letters for numbers; adhesive and double -sided tape mounting.
1.02
Signs shall comply with requirements of Texas Accessibility
Standards.
+.
1.03
Signs shall be mounted 60" above the floor and 8" maximum from the
latch side of the door.
SECTION 10800 - Toilet and Bath Accessories:
1.01 Toilet Paper Dispenser: Bradley No. 5084.
1.02 Grab Bars: Bradley No. 8631, lengths as indicated on drawings.
1.03 Shower Rod: Bradley No. 9538.
1.04 Shower Curtain: Bradley No. 9537 with No. 9536 hooks.
1.05 Shower Seat: Bradley No. 9561.
1.04 Locate toilet paper dispensers, grab bars and mirrors as shown on
drawings.
*+ DIVISION 11 - 14 Not Used
DIVISION 15 - 16 See Drawings
e■•