HomeMy WebLinkAboutResolution - 4851 - Contract - Lubbock Building Services - Picnic Shelter Renovation, Atzlan Park - 05/25/1995Resolution No. 4851
May 25, 1995
Item #27
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 and all related documents by and
between the City of Lubbock and Lubbock Building Services of Lubbock, Texas, to furnish and
install all services and materials as bid for the Picnic Shelter Renovation at Atzlan Park, which
contract is attached hereto, which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this
ATTEST:
Adt�'- I L
etty 94. ohnson, ty Secretary
APPROVED AS TO CONTENT:
Oar- &t'eA4'
Victor KilmAn, Purchasing Manager
APPROVED AS TO FORM:
Donald G. Vandiver, First
Assistant City Attorney
:dplcodocs\picnic.Res
May 17, 1995
CITY OF LUBBOCK
SPECIFICATIONS FOR
PICNIC SHELTER RENOVATIONS
AT ATZLAN PARK
BID #13262
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CITY OF LUBBOCK
Lubbock, Texas
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CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: PICNIC SHELTER RENOVATIONS
AT ATZLAN PARK
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13262
PROJECT NUMBER 9016.9246
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITIONS
NOTICE OF ACCEPTANCE
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NOTICE TO BIDDERS
7
NOTICE TO BIDDERS
BID #13262
Sealed bids addressed to Laura Ritchie, Senior Buyer, City of Lubbock, Texas, will be received at the office of the
Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 4th day
of May. 1995. 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:
"PICNIC SHELTER RENOVATIONS AT ATZLAN PARD"
After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer at his office and
publicly read aloud.
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It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of
Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 11th day of May, 1995, 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 famish a performance bond and payment bond in accordance with Article
5160, Vemon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000.00. Said statutory bonds should be issued by a company carrying a current Befit &-bing of R or superior. as the rating of the
bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required.
` Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check
AMW issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to
the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder
will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions
under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and
considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager
for the City of Lubbock, Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to
in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159x, Vemon'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.
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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.
There will be a pre-bid conference on 27th day of April, 1995, at 10:00 o'clock a.m., in the Purchasing Conference Room
L-04, 1625 13th Street, Lubbock, Texas.
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 Purchasing Department at (806) 767-2167 (Monday Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
AW�
LAURA RITCHIE
BUYER
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ADVERTISEMENT FOR BIDS
BID #13262
Sealed bids addressed to Laura Ritchie,Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the
Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the
4th day of May, 1995, 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:
"PICNIC SHELTER RENOVATIONS AT ATZLAN PARK"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and
�.., publicly read aloud.
The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for
the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further
directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage
scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
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.
t". There will be a prebid conference on the 27th day of April, 1995, at 10:00 am., in the Purchasing Conference Room L-04,
1625 13th Street, Lubbock, Texas.
�:. 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 Purchasing Department at (806) 767-2167 (Monday Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
LAURA RITCHIE
BUYER
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GENERAL INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
project in accordance with contract documents for the PICNIC SHELTER RENOVATIONS AT ATZLAN PARK
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents descn'bed in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the
contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 45 (FORTY-FIVE) consecutive
calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the suaxssful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the
progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take
such action as the City deems necessary to insure completion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
6. 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.
7. 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.
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8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which
shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature
whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work
as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use during
construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The
Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for
proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the
work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its
certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before.the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed
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.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04
of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the time of purchase.
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES . .
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to
exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground
structures which might or could be damaged by Contractor during the construction of the project contemplated by these
contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work
contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. 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
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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.
14. EXPLOSIVES
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.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all rases 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.
15. 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.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these
contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of
general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the
requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
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(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract
within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor, must notify the
Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and
obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow
construction work requiring an inspector on weekends or holidays, will be made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract
which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day
of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.
18. 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.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals 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.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal 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 proposes to do the work contemplated or
furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of
discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If
the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is
submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal
signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a
company or corporation, the company or corporate name and business address must be given, and the proposal signed by an
official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly
certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink.
Each proposal 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:
(a) Bidder's name
(b) Proposal for (description of the project).
21.
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal
may be withdrawn or altered thereafter.
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 Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by
reference into the aforementioned contract documents.
BID PROPOSAL
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BID PROPOSAL
LUMP SUM PROPOSAL CONTRACT
PLACE: y L ✓�� .0/L /d 1_� = l3 /'�
DATE:
PROJECT NUMBER: 13262 - PICNIC SHELTER RENOVATIONS AT ATZLAN PARK
Proposal of L ✓ b b oc, Is R 14,,: L S' -, rc -, (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the
proposed project including the availability of materials and labor, hereby proposes 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.
ALTERNATE 2: (Option 2 - Installation of City of Lubbock tables and benches)
MATERIALS: ti` —4 ($ :t C'O • o v )
SERVICES: •�-�w� .i- d t'i X /r . �� c✓ .�. ""' (s jfj �v O - )
TOTAL ALTERNATE NO. 2 ��,, .� -.- al r' l r % �"`�"` a� "'_ (s_ `��`10 . )
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
MATERIALS: I Z?y .� �c [ ,i �sy�..a.. oI •� C `i ... �r o G� �. L %u/ o
(j I$�-
�$L O o )
SERVICES:? v,=�T /�rc✓s:ti• t✓ �-1 r.�Jv�c�ec✓ TZ•�-�r� �-"' c�
(S
, 813 o v ) J
rTOTAL
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BASE BID: T1,; r {�, C [�u.�.r.-off 7�,r t ��..-c%df..��7y r✓t($� 395- o )
ALTERNATE 1: (Option 1- Removal of existing tables and benches)
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MATERIALS:
SERVICES: /f? ••v>
>�! v "c .. �,.. t � c c� � - �. 's �. f.+'
(s
.5�.� �. O )
TOTAL ALTERNATE NO.I F �� Li �. c% -c /�' �- in sAW ��-
(S
�-2• �" )
ALTERNATE 2: (Option 2 - Installation of City of Lubbock tables and benches)
MATERIALS: ti` —4 ($ :t C'O • o v )
SERVICES: •�-�w� .i- d t'i X /r . �� c✓ .�. ""' (s jfj �v O - )
TOTAL ALTERNATE NO. 2 ��,, .� -.- al r' l r % �"`�"` a� "'_ (s_ `��`10 . )
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
Proceed" of the Owner and to fully complete the project within 45 (FORTY-FIVE) 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 $100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for
completion of this project, all as more fully set forth in the general conditions of the contract documents.
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j Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction
number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
'flee undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans.
specifications and contract documents pertaining to the work covered by this bid, and he finther agrees to commence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than five percent (S% ) of the total amount of the bid submitted as
a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of
the contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars (S ) ora Proposal Bond in the .. f •� T. %-- Dollars ($A, OX-, 6�
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the
Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within
ten (10) days after the date of receipt of written notification of acceptance of said proposal; 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
i made available to him for his inspection in accordance with the Notice to Bidders.
(i ! hoc !'C �vi�i� /••i4 �!'i":�%C
Contractor
BY: Tc 2 it ,�h a �.v .•• �'
(Seal fff Bidder is a Corporation)
r ATTEST:
�i
Secretary
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INSURANCE COMPANY OF THE 'BEST
P.0. Box SSS63. San Diego, CA 92136-3563
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS.
That We, LUBBOCK BUILDING SERVICES (hereinafter called the Principal), and
INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the
laws of the State of California, and duty licensed for the purpose of making, guarantesing or becoming sole surety
U TEXAS
upon bonds or undertakings required or authorized by the laws of the�Siate of
as Surety, are held and firmly bound unto CITY OF LUBBOCK (hereinafter called
IVE PERCENT OF THE GREATEST AMOUNT BID poliars 5% GAB 1
i the obligee) in the just and full suns ofF �S
( lawful money of the United States of America, for the payment of which, well and truly to be ;Wade, we hereby
bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally. firmly by
these presents.
�- THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid,
is about to hand in and submit to the obliges a bid or proposal dated MAY 4, 1995 for
PICNIC SHELTER RENOVATION AT ATZLAN PARK
in accordance with the plans and specificat+ons flied in the office of the ontigee and under the notice inviting
proposals therefor.
NOW, THEREFORE. if the bid or proposal of said principal shall be accepted, and the contr«c: for such work be
awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for
the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain
in full force and effect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Cbligee prior to execution
of the final contract shall furnish evidence, satisfactory to Principal and Surety that financing has been firmly
committed to cover the entire cost of the project.
Signed, seated and dated: MAY 4, 1995
Principal
LUB OCK BUILDING SERVICES
i by (Seal)
r
Attorney-in•Fact
LECCA S. TRACKER
Insurance Company of the West
HOME OFFICE. SAN DIEGO. CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST. a Corporation duty authorized and existing
under the laws of the State of CALIFORNIA and having its principal office In the City of San Diego, California. does hereby nominate,
constitute and appoint: Rebecca S., Thacker 9400 N. Central Expwy. #1550 .
Dallas, Texas 75231
Its true and lawful Attarney(s)-in-Fact, with full power and authority hereby conferred in its name; place and stead, to execute, seal,
acknowledge and deliver any and all bonds, undertakings. recognizances or other written obligations in the nature thereof.
Thra Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the 16th day
of AUGUST. 1991, which said Resolution has not been amended or rescinded and of which the foilowing is a true, full, and complete
copy.
"RESOLVED, that the Chairman of the Board, the President. an Executive Vice President or a Senior Vice President of the
Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney named In the
given Power of Attorney to execute an behalf of the Company. bonds, undertakings, and all contracts of suretyship; and that a
Vice President. an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power
of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing. such facsimile
signatures or facsimile seal shalt be valid and binding upon the Company when so affixed and In the future with respect to any
bond, undertaking or contract of suretyship to which it is attached.
FURTHER RESOLVED, that the Attorney -in -Fact may be given full power to execute for and in the name of and on behalf of
the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings
executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by an authorized officer of the Company.'
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be hereunto affixed and these
presents to be signed by its duly authorized officers this 22nd day of September 1993
INSURA CE C MP NY OF THE WEST
o0l
Mai ��pFlOUle �w
STATE OF CAUFORNIA
COUNTY OF SAN DIEGO SS: er,a�M John L Hannum, Senior Vice President
On thl322nd day of September 1�e�o . the subscriber, a NotVrry Public of the State of California, in and for
,.., the County of San Diego, duly commissioned and qualified. came John L Hannum, Senior Vice President of INSURANCE COMPANY
OF THE WEST. to me personally known to be the individual and officer described in and who executed the preceding Instrument,
and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of
the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and .
n that the said Corporate Seal and his signature as such officer -were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Official Seat, at the City of San Diego, the day and year
first above written.
NORM PORTER
COW #9526"
Z Ij
Notary Public{cOILLt da
z tAN DIEGO COUNiY
STATE OF CALIFORNIA �A
COUNTY OF SAN DIEGO SS' My comm. expiresdMt 14.1994 Notary Nota Public
lv� 1P IP
1. the undersigned. E. Harried Davis, Vice President of INSURANCE COMPANY OF THE WEST, do he -.&by certify that the
original POWER OF ATTORNEY. of which the foregoing is a full. true and correct copy. is in full force and affem". and has not
been revoked.
IN WiTNESS WHEREOF, I have hereunto subscribed. my name as Vice President, and affixed the Corporate- Seal" of the
l^ Corporation, this 4TH day of MAY 19 95 _
INSURANCE COMPANY OF THE WEST
PM e�o�roir•s,e M
r•ae.�� E. Hamed Cavis
I
I LIST OF SUBCONTRACTORS
4'.
Minority Owned
Yes No
2. — —
3. — —
r 4. — —
i S. — —
6. -- —
7. — —
9. — —
10. — —
is -
PAYMENT BOND
BOND CHECK
BEST RATING ¢-----
ucEN +
DA 8Y
y
i
i -
INSURANCE COMPANY OF THE WEST
>>;
HOME OFFICE •SAN DIEGO • P.O. Bo: 83363 •San Diego. California 92186-3363
(800) 877-1111 0 (619) 546-2400
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 71st LEGISLATURE, REGULAR SESSION, 1989
(McGREGOR ACT - PUBLIC WORKS)
(Penalty of this Bond must be 100% of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That LUBBOCK BUILDING SERVICES
P.O. BOX 65600-194, LUBBOCK, TEXAS 79464
(hereinafter called the Principal), as Principal, and INSURANCE COMPANY OF THE WEST
P.O. BOX 85563, SAN DIEGO, CALIFORNIA 92186-5563
(hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF LUBBOCK
1625 13TH ST., ROOM L-04, LUBBOCK, TEXAS 79401
(hereinafter called the Obligee), in the amount of
THIRTY FIVE THOUSAND, NINE HUNDRED THIRTY THREE
------------------------------------------------------------ DOLLARS ($35,933.00 t
for the payment whereof the said Principal and Surety bind themselves. -and their heirs, administrators, executors,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the '25TH
day of MAY 19 -95-1 to BID # 13252 - PICNIC SHELTER RENOVATIONS AT
ATZLAN PARK
which contract is hereby referred to and made a part hereof as fully and to the same extent as 9 copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for
in said contract then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 71st Legislature, Regular Session, 1989, and all liabilities on
this bond shall be determined in accordance with the provisions of said article to the same extent as if it were
copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this STH
day of JUNE • 1995
(Principal)
.LUBB= BUILDING SERVICES
By:
N E COMPANY 9F T WtST ($.UfEty)';.
lit I
By: -
%E13ECCA S. THACKER Attorney -In- Fact
PERFORMANCE BOND
BOND CHECK
BEST RATING —
LICENS I TEXAS1-4e�
DAT Y .
4 a
INSURANCE COMPANY OF THE WEST
,,cam
�. g
P.O.
HOME OFFICE • SAN DIEGO • Box 93363 • San Diego, California 92196-5363
h a u
(900) 977-1111 • (619) 346-2100
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
^ OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY BOND # 128 69 88
ACTS OF THE 71st LEGISLATURE, REGULAR SESSION, 1989
(McGREGOR ACT - PUBLIC WORKS)
E. . (Penalty of this Bond must be 100% of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That LUBBOCK BUILDING SERVICES
I
P.O. BOX 65600-194. LUBBOCK, TEXAS 79464
(hereinafter called the Principal), as Principal, and INSURANCE COMPANY OF THE NEST
big
P.O. BOX 85563,SAN-:DIEGO, CALIFORNIA 92186-5563
(hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF LUBBOCK
1625 13TH ST., ROOM L-04, LUBBOCK, TEXAS 79401
(hereinafter called the Obligee), in the amount of THIRTY FIVE THOUSAND, NINE HUNDRED THIRTY THREE
-----------------------------------------------------------DOLLARS ($35,933.00 1
for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 25TH
day of MAY 19 95 .to BID # 13252 - PICNIC SHELTER RENOVATIONS AT
ATZLAN PARK
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform the work in accordance with the plans, specifications and contract documents, then this obligation shall
be void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 71st Legislature, Regular Session, 1989, and all liabilities on
this bond shall be determined in accordance with the provisions of said article to the same extent as if it were
copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this STH -
day of JUNE . 1995
l By:
7,
&SUNCE
ILDING SERVICES (Principal)
M E 'i: (SUty)
4 AA
BECCA S. THACKE Attomey-in-Fact
Insurance Company of the. West
HOME OFFICE: SAN DIEGO. CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duty authorized and existing
under the laws of the State of CALIFORNIA and having Its principal office in the City of San Diego. California. does hereby nominate,
constitute and appoint: Rebecca S., Thacker. 9400 N. Central Expwy. #1550 , -
Dallas, Texas 75231
Its true and lawful Attorneys) -in -Fact, with full power•and authority hereby conferred in its name, place and stead, to execute, seal,
acknowledge and deliver any and all bends, undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duty called and held on the 16th day
of AUGUST, 1991. which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete
COPY.
'RESOLVED. that the Chairman of the Board. the President. an Executive Vice President or a Senior Vice President of the
Company. be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney named in the
given Power of Attorney to execute on behalf of the Company, bonds, undertskings, and all contracts of suretyship: and that a
Vice President. an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney. and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power
of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing. such facsimile
signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any
bond, undertaking or contract of suretyship to which it is attached.
f.. FURTHER RESOLVED. that the Attomeyin-Fact may be given full power to execute for and in the name of and on behalf of
the Company any and all bonds and undertakings as the business of the Company may require. -and any such bonds or undertakings
executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by an authorized officer of the Company.'
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be hereunto affixed and these
presents to be signed by its duly authorized officers this 22nd day of September 1993
F
owr,,,P,INSURA CWCOMP NYOF THE WEST
?s�
r, M0�lttla ! -
1 ' «
Li�Qtl.� L
STATE OF CAUFORNIA '
COUNTY OF SAN DIEGO SS' °ks��"`" JohnL Hannurr. Senior Vice President
2nd da September 199On this2 y of Se p VaToTe the subscriber. a Nattry Public of the State of California, in and for
the County of San Diego, duly commissioned and qualified. came John L Hannum, Senior Vice President of INSURANCE COMPANY
OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument.
and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the- said officer of
the Corporation aforesaid, and that the seal affixed to the preceding Instrument is the Corporate Seal of the said Corporation. and .
that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the _
authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year
first above written.
A—
y t :tee•
NORMAPOM Zp
COMM. *952644 z
z Notary Pubac-CaCWr-da S
i�"' AN DIEGO CouW 1T :/ ��
f STATE OF CAUFOANIA Mycomm. expirmJAN 14.1996
t a COUNTY OF SAN DIEGO PA
SS' Notary Public
I, the undersigned. E. Harried Davis, Vice President of INSURANCE_ COMPANY OF THE WEST. do hereby certify that the -
original POWER OF ATTORNEY, of which the foregoing is a full. true and correct copy, is in full force and effect: and.has not
been revoked. =-
IN WITNESS WHEREOF, I have hereunto subscribed. my name as Vice President, and affixed the Coeporate• Seal- of the•
Corporation. this 5TH day of JUNE ' 1995 _
`�orr�rrej INSURANCE COMPANY OF THE WEST'
� y,�oivautro s
__ •,: DCA.'
E. rinrneo Davis
CERTIFICATE OF INSURANCE
STATUTORY LIMITS
EACH ACCIDENT i 100000
:........................................................................................
DISEASE - POLICY LIMB S 500000
DISEASE - EACH EMPLOYEE i 100000
L a BUILDER'S RISK ECA04019501 06115195 09103/95 PROJECT LIMIT 35933
LIMIT 0 TEMP LOC 10000
............................................................:.....................................................................................................:................................:............................................................................
DESCRIPTION OF OPERATIONSrLOCATIONSNEHWSISPECIAL ITEMS
OWNER'S & CONTRACTOR'S PROTECTIVE LIABILITY - POLICY NO. EC04019502, POLICY
PERIOD 04/01/95 TO 09/03/95, $1 000,000 LIMIT OF INSURANCE W/CITY OF LUBBOCK
AS NAMED INSURED & LUBBOCK BUIL61NG SERVICES AS CONTRACTOR.
,ADDITIONAL INSURED (GENERAL LIABILITY) - CITY OF LUBBOCK
Tx 79457
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY "D UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
THIS IS TO CERTIFY THAT THE POUCIES 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.
CO:
TYPE OF INSURANCE POLICY NUMBER :POLICY EFFECTIVE 'POLICY EXPIRATION
DATE (MMIDDIM DATE (MMIDDfM
LIMITS
LTR
........ ...... ..... .._....... .....
GENERAL LIABILITY ECA19959817 09/03194 09/03/95
GENERAL AGGREGATE i
.. ..
1000000
.........
A
X COMMERCIAL GENERAL LIABILITY
CO
:. .....
PRODUCTS COMP/OP AOG. $
__
1000000
.:.....M ... .B......
;CLAIMS MADE ! X i OCCUR. i
PERSONAL & ADV. N.IURY $
.. ............... .... ..... .....
500000
.....:
OWNERS & CONTRACTOR'S PROT.
..... OCCURRENCE i
SOOOOO
_.,
FIRE DAMAGE (Any one tire) S
50000
i:
...............................................: ......................
MED. EXPENSE (Any one person). i
_._ _.._ - .......
5000
A
_............. :- _... ....... - -
AUTOMOBILE Lustlmr 1YAA227si986 ;. 07/18/94 09103/95
; COMBINED SINGLE
:$
s00000
LIMB.
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY ', i
.........:
(Per person)
SCHEDULED AUTOS
X HIRED AUTOS i
BODILY INJURY i
.
(Per accident)
X NON -OWNED AUTOS
GARAGE LIABILITYs
PROPERTY DAMAGE
A
__............._ _ ...... .. _.
mmss LIABILITY UBA04019500 04/01/95 09/03/95
EACIi .00CURRENCE $
.............................
1000000
.... t► ! � �uonn i s �nau
AGGREGATE s
1000000
STATUTORY LIMITS
EACH ACCIDENT i 100000
:........................................................................................
DISEASE - POLICY LIMB S 500000
DISEASE - EACH EMPLOYEE i 100000
L a BUILDER'S RISK ECA04019501 06115195 09103/95 PROJECT LIMIT 35933
LIMIT 0 TEMP LOC 10000
............................................................:.....................................................................................................:................................:............................................................................
DESCRIPTION OF OPERATIONSrLOCATIONSNEHWSISPECIAL ITEMS
OWNER'S & CONTRACTOR'S PROTECTIVE LIABILITY - POLICY NO. EC04019502, POLICY
PERIOD 04/01/95 TO 09/03/95, $1 000,000 LIMIT OF INSURANCE W/CITY OF LUBBOCK
AS NAMED INSURED & LUBBOCK BUIL61NG SERVICES AS CONTRACTOR.
,ADDITIONAL INSURED (GENERAL LIABILITY) - CITY OF LUBBOCK
Tx 79457
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY "D UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
., 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 overage, prior to that person beginning work on the project, so the governmental entity
will have on file certificates of overage showing overage for all persons providing services on the
project; and
(B) no later than seven days after receipt by the contractor, a new certificate of overage showing extension of
overage, if the coverage period shown on the current certificate of coverage ends during the duration of
the project;
(S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter,
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor
knew or should have known, of any change that materially affects the provision of coverage of any person
providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are required to be
covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice
does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be
printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common
to the worker population. The text for the notices shall be the following text provided by the commission on the
sample notice, without any additional words or changes:
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
711- providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an
employee."
"Call the Texas Workers' Compensation Commission at 512/440- 3789 to receive information on the legal requirement for
coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to
provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements for all of its employees providing services on the project, for the duration of the
project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate: of coverage ends during the
duration of the project;
(17 retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
(G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the
person knew or should have known, of any change that materially affects the provision of coverage of any
person providing services on the project; and
(1� 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. 0
7
CONTRACT
CONTRACT
�+• STATE OF TEXAS
E COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 25th_ day of May, 1995 by and between the City of Lubbock, Courcy of
Lubbock, State of Texas, acting by and through David R Langston, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and LUBBOCK BUILDING SERVICES, of the City of Lubbock, County of Lubbocl and the State of TEXAS,
hereinafter termed CONTRACTOR
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #13262 - PICNIC SHELTER RENOVATIONS AT ATZLAN PARK - 535,933.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction in accordance with the contract documents as defined in the General
Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have bee 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.
d
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
APPROVED AS TO CONTENT:
(' R. iA.
er's Representative
ATTEST:
7 Corporate Secretary
CO CTOR:
By:
(Printed or Typed Name)
TITLE: 0 w.v t/
COMPLETE ADDRESS:
Lubbock Building Services
P.O. Box 65600-194
Lubbock, Texas 79464
t"^
k
f
0
GENERAL CONDITIONS OF THE AGREEMENT
r
GENERAL COMMONS OF THE AGREEMENT
1 OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be
understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: LUBBOCK BUILDING SERVICES,who has agreed
to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
1"^
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
JOAN WEBB, PARK DEVELOPMENT SUPERVISOR, City of Lubbock, under whose supervision these contract
documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other
f representative, supervisor, or inspector as may be authorized by said Owner to act in any p�u ticular under this agreement.
Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not
directly supervise the Contractor or men acting in behalf of the Contractor.
. 4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed
k
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if
any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
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
r 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. WRITIEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known,
technical or trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible' for laying out all work and shall accomplish this
work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout
of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not
relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he
shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and
to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to
make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the
work contemplated by these contract documents or the completion of the work contemplated by these contract documents.
Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical -and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or
removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's
Representative at Contractor's expense.
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14. OWNER'S REPRESENTAT VFS AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative
shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further
agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction
thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of
said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right of the
parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under
this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the
opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with
said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action
may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's
Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to
arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a
written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work
or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision
within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party
appealing.
15. S MERINTBNDENCE 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 rewonable aid and assistance
required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The
Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so
appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer,
supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
decision.
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 his absence and all directions given to him shall be
!^ binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work.
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17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of
the terms or obligations herein contained
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required
under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Owner's Representative's written
consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also
understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials,
tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be
maintained in a manner satisfactory to: the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be
constructed and maintained by the Contractor in such manner and at such points as shall beapproved by the Owner's
Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location
wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be
ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. N any
work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's
Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such
tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
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If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by
the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests,
inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the
requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the
Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's
7 Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve
` the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with
plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in fidl
accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line,
grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the
r..l beginning of the construction, without affecting the validity of this contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and at the unit price established for such work under this contract; otherwise such additional work shall be
paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any
work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for
any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as
provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor
to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to
the Contractor for performing said extra work shall be determined by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then
the Contractor shall be paid the actual field cost of the work, plus fifteen (1511a) per cent.
7
In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply
and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics
and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used
on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on
account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property
Damage and Workmen's Compensation and all other insurance as may be reqs 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 1000/a, 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 (1501.) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to
the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration as herein below provided
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and
other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all
appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by
Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract
documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no
such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work
in accordance with these plans and specifications. It is further understood that any request for clarification must be
submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.
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27 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation
laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and
others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building
and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible
with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend,
indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons
or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the
execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to
pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the
Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried
with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection
with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to
contract execution.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with'limits of $500.000 Combined Single
Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement
doing so is to be attached to the Certificate of Insurance.
a
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an owner's Protective or Contingent Public Liability Insurance policy naming the City
of Lubbock as insured and the amount of such policy shall be as follows:
For bodily injuries, including accidental death and or property damage, $500.000 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 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (1000% 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 1000 000 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor'stperson's work on the project has been completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in ❑406.096) - includes all persons or entities
performing all or part of the services the contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as fooditverage 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
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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 contracx.
4. N the coverage period shown on the contractor's current certificate of overage 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.
S. The contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
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, n new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
overage 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 overage, prior to the end of the
overage period, if the overage period shown on the current certificate of overage ends
during the duration of the project;
b
I
(e) retain all required certificates of overage 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 overage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by paragraphs
(1) - (7), with the certificates of coverage to be provided to the person for whom they are
providing services.
10. By signing this contract or providing or causing to be provided a certificate of overage, the contractor is
representing to the governmental entity that all employees of the contractor who will provide services on
the project will be covered by worker's compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification odes and payroll amounts, and that all
overage 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:
E,
(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 average, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of average on file for the duration of the project and for one year
thereafter,
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the contractor knew or should have known, of any change that materially affects the
provision of average of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project that they
are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed in at least 19 point normal type,
and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text provided by the commission on
the smnple notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. This includes
persons providing, hauling, or delivering equipment and materials, or providing labor or
transportation or other service related to the projec 4 regardWs of the identity of their
employer or status as an employee:"
"Call the Texas Workers' Compensation Commission at $121440-3789 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 fallure to provide coverage." and
(h) contractually require each person with whom it contracts to provide services on a project, to:
(i) provide average 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;
Pm
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29.
30.
(iii) include in all contracts to provide services on the project the language in subsection (e)
(3) of this rule;
(iv) provide the contractor, prior to the end of the overage period, a new certificate of
coverage showing extension of coverage, if the overage period shown on the current
certificate of overage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(vi) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter,
(vii) notify the governmental entity in writing by certified mail or personal delivery, within
10 days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to perform as required
by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for
whom they are providing services.
DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and priviliges of employment.
PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS_ LABORERS. MATERIAINMN. AND FURNISHERS OF
MACHINERY. EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment,
power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract.. When
Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (S) days after
demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the
unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to
discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the
Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be
responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer
or manufacturers is specified or required in these contract documents by Owner, provided,' however, if choice of alternate
design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless
from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners•
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the
same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into
contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the: work, or materials required in
t, the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this
contractual agreement.
I 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and
time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it
is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be
specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding
of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (ONE
HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set
forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the
work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for thg completion of the
work described herein is reasonable time for the completion of the same, taking into consideration the average climatic
change and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is
agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for
payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract.
35. TRAE AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most
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 proposals; provided, also, that when the Owner is having other work
done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing
work done under this contract so ,that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which
shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the
several parts of the work and estimated dates of completion of the several parts.
36. EXTENSION OF TIlAE
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the
Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for
an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an
extension as requested by Contractor. The Owner's Representative within ten (10) days atter receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then submit such written request to
the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City
Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless otherwise specifically provided.In the event this contract is let
on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other
contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the
estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract,
they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their
proposals offered for the work. 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 he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the
Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing
out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
7
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 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 him and for well and truly
performing the same and the whole thereof in the manner and according to this agreement, the attached specifications,
plans, contract documents and requirements of Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at
any time requested during the progress of the work famish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made,
Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a
waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
r On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
payment. Owner's Representative shall review said application for partial payment and the progress of the work made by
the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical
the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement
( shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's
Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final
4 payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this
agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by
Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the
Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion
of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (3 1) days after the Contractor has given the Owner's Representative written notice that the work has been
completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance with the contract documents, the
Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the
rM duty of the Owner within thirty-one (3 1) days to issue a certificate of acceptance of the work to the Contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and
prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and
shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of
completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual
M obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if
any) of this contract or required in the specifications made a part of this contract.
t!"
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his
own expense promptly replace such condemned materials with other materials conforming to the requirements of the
contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or
replacement. U Contractor does not remove and replace any such condemned work within a reasonable time after a written
notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for
faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any, damage to other work
resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47. PAYMENT WPTHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of.
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them
48. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any
directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to
such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative,
when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the
Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with arty 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.
4
P"
Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten
(10) days after service of such notice, then the Owner may provide for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,
tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the
Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under
this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference.
In case such expense is greater than the sum which would have been payable under this contract, if the same had
been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to
the Owner, or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a
general circulation in the County of location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to
the Owner under the new contract as compared to what would have been the cost under this contract, such increase
shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that which would have been the cost to complete the work
under this contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of
completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized
statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and
delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the
balance due as reflected by said statement within 30 days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
" within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's
Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value
of all work actually completed by said Contractor at the prices stated in the attached proposal, the value of all partially
7 completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or
provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor
1, .
to carry the whole work to completion, and which cannot be utilized.The Owner's Representative shall then make a final
statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and
all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner
who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance
shown by said final statement as due the Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160,
Vernon's Annotated Civil Statutes in the amount of 1000/a of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to
do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so
furnished
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct,
supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The
fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and
to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative
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.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave
the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may
remove the debris and charge the cost to the Contractor.
CURRENT WAGE DETERMINATIONS
r-
DGV:da
RESOLUTION
Resolution #2502
January 8, 1987
Agenda Item #18 -
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
:in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
•.contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Constructiori'Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this _ day of January 1987.
i
Ranetta,.Boyd, City Secretary
APPROVED AX T- NTENT:
Bill -Pyne, 0 rector of Building
Services
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Donald G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Hourly Rate
Acoustical Ceiling Installer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
Bricklayer -Helper
10.50 —
Carpenter
5.00
Carpenter -Helper
11.00
Cement Finisher,
5.50
Drywall Hanger `
7.35
Electrician
8.70
Electrician -Helper
10.50
Equipment Operator.-,
5.25 —
Heavy
Light
8.00
Floor Installer
5.70
Glazier
8.00 —
Insulator, Piping/Boiler
7.50
Insulator -Helper
9.50
Iron Worker
5.00 —
Laborer, General
7.30
Mortar Mixer
4.75 -
Painter
5.60 _
Plumber
8.75
Plumber -Helper
9.25
Roofer
6.00
Roofer -Helper
7.65 —
Sheet Metal Worker
4.75
Sheet Metal Worker -Helper
8.75
Welder - Certified
5.50 —
8.00
Craft
EXHIBIT B
Paving,and Highway Construction
Prevailing Wage Rates
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8,90
Groundman Series 7.25`
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.l 1/2 times base rate.
SPECIFICATIONS
i
k Picnic Shelter Bid
Atzlan Park
Parks Capital Project - 1995
Parks & Recreation Department
City of Lubbock, Texas
SECTION 01 Summary of work
1. General
1.1 Scope of Project
A. Contractor shall supply all supervision, perform all work, furnish all
labor, and incidentals necessary to fully and properly fabricate, furnish,
supply, store, handle, deliver, construct, and install (7) new picnic
shelters over existing base plates and concrete pads at Atzlan Park,
1st St. @ Avenue J, Lubbock, Texas 79403, as described in the plans
and specifications.
B. Contractor shall supply all supervision, perform all work, furnish all
labor, and incidentals necessary for removal, hauling, and disposal of all
existing equipment and unusable material from the (7) picnic shelters at
Atzlan Park, 1 st St. @ Avenue J, Lubbock, Texas 79403, as described
in the plans and specifications. The following existing items shall no
be included in the base bid demolition:
• Existing Concrete Pads
• 6" X 15" Base Plates (to be reused for
welded connection to the new 2 X 6 uprights)
• Existing BBQ Grills
• Concrete Picnic Tables and Benches (see Bid Option 1)
Owner shall retain the right to any other existing materials deemed to
have value.
C. Contractor shall supply all supervision, perform all work, furnish all
labor, and incidentals necessary to fully and properly prime and paint,
all (7) new picnic shelters at Atzlan Park, 1 st St. @ Avenue J,
Lubbock, Texas 79403, as described in the plans and specifications.
D. All fabrication, construction, demolition, and other work shall be done
in accordance with the best engineering and construction practices for
the skill or trade involved.
E. We request that your proposal be made in conformance with the
guidelines contained in the specifications and on all plans. The contract
will be awarded to the company with the proposal determined to be the
most advantageous to the City of Lubbock.
F. Work is to be performed in such an order that the remaining park
amenities do not suffer due to the work being performed.
H1
2
1.2 Bid Option 1
Contractor shall supply all supervision, perform all work,
furnish all labor, and incidentals necessary for removal, hauling, and
disposal of all existing concrete picnic tables, benches, and unusable
material from the (7) existing picnic shelters at Atzlan Park, 1st St. @
Avenue J, Lubbock, Texas 79403, as described in the plans and
specifications (See Bid Form). Contractor shall patch all existing holes
left by site furniture with concrete, to be smooth and level with
adjacent surface.
1.3 Bid Option 2
Contractor shall supply all supervision, perform all work, furnish all
labor, and incidentals necessary to fully and properly install (7) Owner
supplied table/benches at the (7) existing picnic shelters in Atzlan Park,
1st St. @ Avenue J, Lubbock, Texas 79403, as described in the plans
and specifications (See Bid Form).
1.4 Work Included
A Section 02 - Metal Fabrication
B. Section 03 - Painting
1.5 Additional Information
A. All information under General Instructions To Bidder, General
Conditions of Agreement, and Special Conditions apply to this
section.
B. These plans and specifications were prepared by the Parks
Department (which shall be called Owner). Contractor shall notify
Owner before construction begins in order for Owner to verify all
construction materials.
C. Bidder shall be prepared to send owner a price breakdown
of any and/or all items he has bid on. Price
breakdowns will only be requested after the bid
opening has taken place.
2. Quality Assurance
2.1 Contractors on Site Responsibilities
A. Contractor shall take all precautions necessary to protect all existing trees,
shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where
the work is being done or that may be located adjacent to or in -route
across park property to the job site. The Contractor shall rebuild, restore,
and make good at his own expense, all injury and damage to same which
may result from work being carried out under this contract.
r
4.
7
B. The Contractor shall not park or drive any vehicles or equipment beneath the
drip line of on-site trees and shrubs. Contractor and employees shall
not park on unsurfaced park property and shall not drive vehicles across
park land unless it is directly necessary to deliver materials to the job site.
C. The Contractor shall take all necessary precautions to assure the safety of
the park visitors during the construction and clean-up operations. The
Contractor shall maintain and keep in good repair the work intended under
these Plans and Specifications and shall perform all necessary repair,
construction, and renewal to the date of acceptance by Owner.
D. It is the Contractor's obligation to locate and familiarize himself with
all utilities and to provide for their safety. Damage to utilities will be
repaired at Contractor's Expense.
E. Contractor shall be responsible for protection of unfinished work and shall be
responsible for the safety of park users utilizing the unfinished equipment.
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 necessary.
F. The contractor will be responsible for all damage to work due to the failure
of barricades, signs, and lights to protect it, and when damage is incurred,
the damaged portion shall be immediately removed and replaced by the
contractor at his own 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.
G. Contractor is responsible for inspection of each site, to verify all existing
conditions. Contractor shall be responsible to fully and properly complete all
work as described in the specifications and shown on plans.
2.2 Safety
` A.
6
D.
E.
All equipment shall be new and unused, free of sharp edges, corners,
and extremely rough surfaces.
All picnic shelter benches shall have a 3 -coat Plasti-Dip, PVC coating.
All welds shall have flux and slag removed and surface smoothed
before prime and painting.
Any excessive welds shall be smoothed for safety purposes.
All equipment shall meet the safety guidelines as outlined by the
American Society for Testing and Materials (CPSC/ASTM) safety
guidelines and specifications.
2.3 Allowable Tolerances
A. Metal shall be straight or at design radii and bends, shall not have kinks,
shall not be bent or crimped, and shall be true to shape.
B. All metal parts & hardware shall have corrosion -resistant coatings.
C. All metal parts shall be primed and painted as listed in the specification.
D. Any material that does not conform to standards listed in section will
be rejected by owner and replaced by Manufacturer at his expense.
3
4
2.4 Product Delivery, Storage, and Handling
A Protect all materials from inclement weather: wet, damp, extreme heat
or cold, theft, damage, or vandalism.
B. All manufacturer's labels shall be in included for each item ordered.
2.5 Equipment Check
A. The Contractor shall check one week after installation of equipment,
that all parts are secure and are in good condition.
2.6 Clean-up
A. Demolition debris shall be removed from the site prior to comencement
of construction work
B. Within three days after completion of each picnic shelter, the contractor
shall clean, remove rubbish and temporary structures from the site,
restore in an acceptable manner all property, to it's original integrety
both public and private, which has been damaged during the prosecution
of work, and leave the site of the work in a'neat and presentable
condition throughout. The cost of the "cleanup" shall be included as a
part of the cost of the various items of work involved,and no direct
compensation will be made for this work. This work shall be done
before final acceptance by the owner will be considered.
C. Contractor shall clean up and haul off all construction debris.
D. All spare parts such as nuts, bolts, washers, or any other piece of
equipment shall be turned over to Owner following completion of
project.
E. Contractor is to remove all part label stickers before final inspection is
conducted.
2.7 Warranty
A. Contractor shall guarantee all labor, workmanship, and materials
supplied by contractor for a period of one (1) year from date of
acceptance. After a period of one year, the Contractor may be required
at the discretion of Owner, to make one final check for tightness of all
parts.
B. Repairs made necessary due to faulty workmanship shall be made
promptly by Contractor at Contractor's expense.
C. Contractor shall guarantee that all equipment shall meet or exceed the
American Society for Testing and Materials (CPSC/ASTM) safety
guidelines and specifications.
P
End of Section
FSECTION 02 - Metal Fabrication
1.0 Work included
A. Section 01 Summary of Work
B. Section 03 -Painting
1.1 Scope of Project
A. Contractor shall supply all supervision, perform all work, furnish all
labor, and incidentals necessary to fully and properly fabricate,
furnish, supply, store, handle, deliver, construct, and install (7) new
picnic shelters at Atzlan Park, 1 st St. @ Avenue J, Lubbock, Texas
79403, as described in the plans and specifications.
1.2 Inspection of Site
A. The bidders for the work under these sections of the specifications
shall inspect the existing installations and thoroughly acquaint
themselves with conditions to be met and the work to be
accomplished in removing, constructing, and installing the new
work. Failure to comply with this shall not constitute grounds for
any additional payments in connection with removing or modifying
any part of the existing installations and/or installing any new work.
1.3 Materials and Workmanship
A. All materials shall be new unless otherwise specified and of the
quality specified. Materials shall be free from defects.
B. The Contractor shall be responsible for transportation of his
materials to and on the job, and shall be responsible for the storage
and protection of these materials and work until final acceptance
of the job.
C. The Contractor shall furnish all necessary scaffolding, tackle, tools
and appurtenances of all kinds, and all labor required for the safe
and expeditious execution of his contract.
D. The workmanship shall in all respects be of the highest grade
and all construction shall be done according to the best practice of
the trade.
1.4 Laws, Codes, and Ordinances
A. All work shall be executed in strict accordance with all local, state
and national codes, ordinances and regulations governing the
particular class of work involved, as interpreted by the inspecting
authority. The Contractor shall be responsible for the filial
execution of the work under this heading to suit those
requirements. Where these specifications and the accompanying
drawings conflict with these requirements, the Contractor shall
report the matter to the Owner, shall prepare any supplemental
6
drawings required illustrating how the work may be installed so as
to comply and, on approval, make the changes at no cost to the
Owner. On completion of the work the Contractor shall obtain and
deliver to the Owner a final certificate of acceptance.
1.5 Terminology
A. Whenever the words "furnish", "provide", "furnish and install,"
"provide and install', and/or similar phrases occur, it is the intent
that the materials and equipment described be furnished, installed
and connected under this Division of the Specifications, complete
for operation unless specifically noted to the contrary.
B. Where a material is described in detail, listed by catalogue number
or otherwise called for in drawings and specifications, it shall be the
Contractor's responsibility to furnish and install the material.
C. The use of the word "shall" conveys a mandatory condition to
the contract.
D. "The project" includes all work in progress during the
construction period.
1.6 Cooperation and Clean-up
A. At all times during the progress of the work, the Contractor shall
keep the premises clean and free of unnecessary materials and
debris. The Contractor shall, on direction at any time contact the
Owner, clear any designated areas or area of materials and debris.
On completion of any portion of the work, the Contractor shall
remove from the premises all tools and machinery and all debris
occasioned by the work, leaving the premises free of all
obstructions and hindrances.
1.7 Salvage Materials
A. All items or materials removed from the project shall be made
available for the Owner's inspection. The Owner retains the
option to claim any item or material. Contractor shall deliver
any claimed item or material in good condition to the place
designated by the Owner. All item not claimed become the
property of the contractor and shall be removed from the site.
1.8 Guarantee
A. Unless a longer guarantee is hereinafter called for, all work,
material and equipment items shall be guaranteed for a period
of one year after acceptance by the Owner. All defects in labor and
materials occurring during this period, as determined by the Owner,
shall be repaired and/or replaced to the complete satisfaction of the
Owner. Guarantee shall be in writing and in triplicate.
! 7
„i 1.9 Completion Requirements
A. Before acceptance and final payment the Contractor shall furnish
all manufacturers' guarantees.
1.10 Contractor's Responsibility for Final Inspection
A. Before calling for the final inspection, the Contractor shall
carefully inspect his work to be sure it is complete and according to
plans and specifications.
1.11 Work included
A. • Shop fabricated ferrous metal items (prime painted)
• `R' Panel Metal Roofing (prime painted)
• Picnic Shelter Benches (3 -coat Plasti-dip, PVC coating)
1.12 References
A.
ASTM A36 - Structural Steel.
B.
ASTM A307 - Low -Carbon Steel Externally and Internally
C.
Threaded Fasteners.
C.
ASTM A 325 - High Strength Bolts for Structural Steel Joints.
D.
ASTM A501- Hot -formed Welded and Seamless Carbon Steel
E.
Structural Tubing.
E.
AWS D1.1 - Structural Welding Code.
1.13 Materials
A. Steel Sections: ASTM A36.
B. Steel Tubing: ASTM A500, Grade B.
C. Bolts, Nuts, and Washers: ASTM A307.
D. Welding Materials: AWS D1.1; type required for welded materials.
E. Primer: Standard Shop Primer
1.14 Fabrication
A.
Verify dimensions on site prior to shop fabrication.
B.
Fabricate items with joints tightly fitted and secured.
C.
Fit and shop assemble in largest practical sections, for site delivery
D.
Grind exposed welds flush and smooth with adjacent finished
surface. Ease exposed edges to small uniform radius.
E.
Exposed Mechanical Fastenings: Flush countersunk screws or
bolts; unobtrusively located; consistent with design of structure,
except where specifically noted otherwise.
F.
Make exposed joints butt light, flush, and hairline.
G.
Grind existing 6" X 15" base plates smooth for a level, and uniform
weld connection to new 2" X 6" uprights. Ease all exposed edges
to a small uniform radius.
9
8
H.
Supply components required for anchorage of metal fabrications.
Fabricate anchorage of metal fabrications. Fabricate anchorage and
related components of same material and finish as metal fabrication,
except where specifically noted otherwise.
I.
All picnic shelter benches shall receive a 3 -coat Plasti-Dip, PVC
coating. —
I
All `R' Panel Roofing shall be min. 22 gauge thickness, min. 80,000
P.S.I.and carry at least a 20 -year warranty. See plan for details.
1.15 Finish
A.
Clean surfaces of rust, scale, grease, and foreign matter prior to _
finishing.
B.
Do not prime surfaces in direct contact bond where field welding is
required.
C.
Prime paint items scheduled with one coat.
1.16 Preparation -
A.
Obtain Architect/Engineer approval prior to site cutting or making
adjustments not scheduled.
B.
Clean and strip site primed steel items to bare metal where site --
welding is scheduled.
C.
Make provision for erection loads with temporary bracing. Keep
work in alignment. _
1.17 Installation
A. Install items plumb and level, accurately fitted, free from distortion
or defects.
B. Perform field welding in accordance with AWS D1.1.
C. After installation, touch-up field welds, scratched or damaged
surfaces with primer.
D. Provide and install items listed in Specifications and shown on
Plans with anchorage and attachments necessary for installation.
End -of -Section
9
(, SECTION 03 - Painting
1.0 Work included .
A. Section 01 - Summary of Work
B. Section 02 - Metal Fabrication
1.1. Scope of Work
A. Contractor shall supply all supervision, perform all work, furnish all
labor, and incidentals necessary to fully and properly prime and
paint, all (7) new picnic shelters at Atzlan Park, 1 st St. @ Avenue J,
Lubbock, Texas 79403, as described in the plans and specifications.
°
1.2 Additional Information
A. All information under General Instructions To Bidder, General
Conditions of Agreement, and Special Conditions apply to this
section.
1.3 Description of work
A. The work includes painting and finishing of all items and surfaces
�.•
throughout the project, except as otherwise indicated.
•me
The following two items shall not receivenp and painting:
k. .
• Picnic Shelter Benches. All picnic benchers shall receive a
!-
3 -coat Plasti-Dip, PVC coating.
• `R' Panel Roof Deck. All Roof Deck panels shall be
primed and painted from maufacturer and have a 20 -year
min. product warranty.
a .
B. Surface preparation, priming and coats of paint specified are in
addition to shop -priming and surface treatment specified under
other sections of the work.
C. "Paint" as used herein means all coating systems materials,
including primers, emulsions, enamels, stains, sealers and fillers, and
other applied materials whether used as prime, intermediate or
'
finish coats.
1.4 Painting not included
' A. The following categories of work are not included as part of the
�., field -applied finish work, or are included in other section of these
specifications.
B. Shop Priming: Unless otherwise specified, shop priming of ferrous
�*• metal items is included under the various sections for structural
steel, miscellaneous metal, hollow metal work, and similar items.
C. `R' Panel Roof Deck shall not receive prime and painting.
10
1.5 Submittals
A. Manufacturer's Data: Submit mfr's. technical information including
paint label analysis and application instructions for each material
proposed for use.
B. Samples: Submit samples for Architect's review of color and
texture only. Provide a listing of the material and application for
each coat of each finish sample.
1.6 Delivery and Storage
A. Deliver all materials to the job site in original, new and unopened
packages and containers bearing mfr's name and label, and the
following information.
Name or title of material.
Mfr's stock number and date of mfr.
Mfr's name.
Contents by volume, for major pigment and vehicle.
Constituents.
Thinning instructions.
Application instructions.
Color name and number.
1.7 Job Conditions
A. Apply water -base paints only when the temperature of surfaces to
be painted and the surrounding air temperatures are between 50
degrees F. and 90 degrees F. unless otherwise permitted by the
paint mfr's printed instructions.
B. Apply solvent -thinned paints only when the temperature of surfaces
to be painted and the surrounding air temperatures are between 45
degrees F. and 95 degrees F. unless otherwise permitted by the
paint mfr's printed instructions. ;
C. Do not apply paint in snow, rain, fog or mist; or when the relative
humidity exceeds 85%; or to damp or wet surfaces; unless
otherwise permitted by the paint mfr's printed instruction.
D. Painting may be continued during inclement weather only if the
areas and surfaces to be painted are enclosed and heated within the
temperature limits specified by the paint mfr. during application and
dig Periods.
2. Products
2.1 Colors and Finishes
A. Prior to beginning work, the Architect will furnish color chips for
surfaces to be painted.
B. Use representative colors when preparing samples for review.
1 3. Execution
3.1 Inspection
�,.., A. Applicator must examine the area and conditions under which
painting work is to be applied and notify the Contractor in writing
of conditions detrimental to the proper and timely completion of the
work. Do not proceed with the work until unsatisfactory
conditions have been corrected in a manner acceptable to the
Applicator.
c.
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11
F
C. Final acceptance of colors will be from samples applied on the job.
Color Pigments: Pure, non-fading, applicable types to suit the
substrates and service indicated.
Lead content in the pigment, if any, is limited to contain not
more than 0.5% lead, as lead metal based on the total non-
!'""
volatile (dry-film) of the paint by weight.
Paint Coordination: Provide finish coats which are compatible with
prime paints used. Review other sections of these: specifications in
which prime paints are to be provided to ensure compatibility of
total coatings system for various substrates. Upon request from
other trades, furnish information on characteristics of finish
materials proposed for use, to ensure compatible prime coats are
used. Provide barrier coats over incompatible primers or remove
and reprime as required. Notify the Architect in writing of any
anticipated problems using specified coating systems with
substrates primed by others.
7
2.2 Material Quality
A. Provide best quality grade of the various types of coatings as
�••
regularly manufactured by acceptable paint materials mfr's.
Materials not displaying the mfr's identification as a standard, best-
grade product will not be acceptable.
B. Mfr's products which comply with the coating qualitative
requirements of applicable Federal Specifications, yet differ in
quantitative requirements, may be considered for use only when
acceptable to the Architect. Furnish material data and mfr's
certificate of performance to the Architect for any proposed
substitutions.
C. Provide undercoat produced by the same mfr. as the finish coats.
Use only thinners approved by the paint mfr., and use only within
recommended limits.
Ferrous Metal: EPS-15:
1st Coat - Red lead pigmented primer (TT-P-86, Type III)
r-
2nd Coat - ITigh gloss alkyd enamel (TT-E489).
3rd Coat - High gloss alkyd enamel (TT-E489).
First coat not required on items delivered shop primed.
1 3. Execution
3.1 Inspection
�,.., A. Applicator must examine the area and conditions under which
painting work is to be applied and notify the Contractor in writing
of conditions detrimental to the proper and timely completion of the
work. Do not proceed with the work until unsatisfactory
conditions have been corrected in a manner acceptable to the
Applicator.
c.
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12
B. Starting of painting work will be construed as the Applicator's
acceptance of the surfaces and conditions within any particular
area.
C. Do not paint over dirt, rust, scale, grease, moisture, scuffed
surfaces, or conditions otherwise detrimental to the formation of a
durable paint film.
3.2 Surface Preparations
A.
General:. Perform preparation and cleaning procedures in strict
accordance with the paint mfr's instructions and as herein specified,
for each particular substrate conditions.
B.
Provide protection to all items in place, and which are not to be
finish -painted, prior to surface preparation and painting operations.
-Remove, if necessary, -for the complete painting of the items and
adjacent surfaces.
C.
Following completion of painting of each space or area, reinstall the
removed items by workmen skilled in the trades involved.
D.
Clean surfaces to be painted before applying paint or surface
treatments. Remove oil and grease prior to mechanical cleaning.
Program the cleaning and painting so that contaminants fro the
cleaning process will not fall onto wet, newly -painted surfaces.
Ferrous Metals: Clean ferrous surfaces, which are not galvanized
or shop -coated, of oil, grease, dirt, loose mill scale and other
foreign substances by solvent or mechanical cleaning.
E.
Touch-up shop -applied prime coats wherever damaged or bare,
where required by other sections of these specifications. Clean and
touch-up with the same type shop primer.
Galvanized Surfaces: Clean free of oil and surface contaminants
with an acceptable non -petroleum based solvent.
3.3 Materials and Protection:
A.
Mix and prepare painting materials in accordance with mfr's
directions.
B.
Store materials not in actual use in tightly covered containers.
Maintain containers used in storage, mixing and application of paint
in a clean condition, free of foreign materials and residue.
C.
Stir materials before application to produce a mixture of uniform
density, and stir as required during the application of the materials.
Do not stir surface film into the material. Remove the film and if
necessary, strain the material before using.
3.4 Application
A.
General: Apply paint in accordance with the mfr's directions. Use
applicators and techniques best suited for the substrate and type of
material being applied.
v
13
C. Protection: Protect work of other trades, whether to be painted or
not, against damage by painting and finishing work. Correct any
damage by cleaning, repairing or replacing, and repainting, as
acceptable to the Architect.
D. Provide "Wet Paint" signs as required to protect newly -painted
finishes. Remove temporary protective wrappings provided by
others for protection of their work, after completion of painting
operations.
E. At the completion of work of other trades, touch-up and restore all
damaged or defaced painted surfaces.
End -of -Section
B. Apply additional coats when undercoats, stains or other conditions
show through the final coat of paint, until the paint film is of
uniform finish, color and appearance. Give special attention to
insure that all surfaces, including edges, corners, crevices, welds,
and exposed fasteners receive a dry film thickness equivalent to that
of flat surfaces.
C. Painting,• Omit the first coat (primer) on metal surfaces which have
been shop -primed and touch-up painted, unless otherwise indicated.
D. Scheduling Painting_Apply the first -coat material to surfaces that
have been cleaned, pretreated or otherwise prepared for painting as
soon as practicable after preparation and before subsequent surface
deterioration.
E. Allow sufficient time between successive coatings to permit proper
r.,
drying. Do not recoat until paint has dried to where it feels firm,
does not deform or feel sticky under moderate thumb pressure, and
the application of another coat of paint does not cause lifting or loss
�..
of adhesion of the undercoat.
F. Minimum Coating Thickness: Apply each material at not less than
the mfr's recommended spreading rate, to establish a total dry film
thickness as indicated or, if not indicated, as recommended by mfr.
G. Prime Coats: Apply a prime coat of material where required to
be painted, and which has not been prime coated by others.
H. Recoat pruned and sealed surfaces where there is evidence of
!,
suction spots or unsealed areas in first coat, to assure a finish coat
with no burn -through or other defects due to insufficient sealing.
i"
I _
3.5 Clean up and Protection
A. Clean-up: During the progress of the work, remove from the site
all discarded paint materials, rubbish, cans and rags at the end of
each work day.
B. Upon completion of painting work clean paint -spattered surfaces.
•
Remove spattered paint by proper methods of washing and
scraping, using care not to scratch or otherwise damage finished
surfaces.
C. Protection: Protect work of other trades, whether to be painted or
not, against damage by painting and finishing work. Correct any
damage by cleaning, repairing or replacing, and repainting, as
acceptable to the Architect.
D. Provide "Wet Paint" signs as required to protect newly -painted
finishes. Remove temporary protective wrappings provided by
others for protection of their work, after completion of painting
operations.
E. At the completion of work of other trades, touch-up and restore all
damaged or defaced painted surfaces.
End -of -Section
SPECIAL COMMONS
NOTICE OF ACCEPTANCE
TO:
The City of Lubbock, having considered the proposals submitted and opened on the day of
199_, for work to be done and materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that
your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City
Council of the City of Lubbock on the day of 199_ at the bid price contained therein, subject to the
execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and
required to be executed and fiunished under the contract documents. It will be necessary for you to execute and furnish to the City of
Lubbock all such documents within ten (10) days from your receipt of this Notice.
The five percent (S%) bid security, submitted with your proposal, will be returned upon the execution of such contract
documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such
contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representative