HomeMy WebLinkAboutResolution - 3914 - Contract - Pharr Construction Co Inc - Paint/Plaster Repair, LMA - 06/25/1992Resolution No. 3914
June 25, 1992
Item #14
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
with Pharr Construction Co., Inc., d/b/a Pharr & Co. for paint/plaster
repairs at Lubbock Municipal Auditorium, attached herewith, 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:
ane to oy ,
APPROVED AS TO CONTENT:
ene s, 4Nrchasing Manager
APPROVED AS TO FORM:
A"alvjL-tv
Harold ar ss stant` ity Attorney
HW:da/AGENDA-D 11C-PHARR.reo
CITY OF LUBBOCK
SPECIFICATIONS
FOR
PAINT/PLASTER REPAIR AT
LUBBOCK MUNICIPAL AUDITORIUM
BID # 12030
CITY OF LUBBOCK
Lubbock, Texas "R 3y,4
rrw
t, City of Lubbock
P.O. Box 2000
Lubbock, Texas 78457
E306-767-3000
MAILED TO VENDOR: June 5, 1992
CLOSE: June 11, 1992 @ 2:00 P.M.
BID #12030: PAINT/PLASTER REPAIR @ LUBBOCK MUNICIPAL AUDITORIUM
ADDENDUM #1
Please modify or amend Contract Documents as follows:
1. Please note a schedule of events scheduled during August and
September for the Lubbock Auditorium.
t August 7-8 September 6
t August 30 September 13
September 21-24 (Tentative)
September 27.
September 30
With the exception of September 21-24, of which they trill use only
one of these dates, all dates are contracted and definite.
2. In the specifications, Section— 009900 — Painting, where the Spot
Primer and Surface Conditioner are both called for on Ceiling
Painting, the Contractor shall use one or the other to prepare the
surface for proper bonding.
THANK YOU,
Ron Shuffi d,
CITY OF LUB OCK
PLEASE RETURN ONE COPY WITH YOUR BID
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: PAINT/PLASTER REPAIR AT
LUBBOCK MUNICIPAL AUDITORIUM
ADDRESS: 2720 6TH STREET
BID NUMBER: 12030
PROJECT NUMBER: 1491-552101-9718
CONTRACT PREPARED BY: Purchasing Department
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INDEX
PAGE
1.
NOTICE TO BIDDERS..........................................................................................3
2.
GENERAL INSTRUCTIONS TO BIDDERS............................................................................5
3.
BID PROPOSAL - BID FOR UNIT PRICE CONTRACTS...............................................................10
4.
PAYMENT BOND..............................................................................................14
5.
PERFORMANCE BOND..........................................................................................17
6.
CERTIFICATE OF INSURANCE***** ... ****,** ... ... *—"-- 20
7.
CONTRACT..................................................................................................22
i,
B.
GENERAL CONDITIONS OF THE AGREEMENT .......................................................................24
1
9.
CURRENT NAGE DETERMINATIONS...............................................................................42
10.
SPECIFICATIONS............................................................................................43
11.
12.
SPECIAL CONDITIONS........................................................................................44
NOTICE OF ACCEPTANCE......................................................................................45
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID # 12030
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing. Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until
2:00 o'clock p.m. on the 11th day of June 1992 or as changed by the issuance of formal addenda to all
planholders, to furnish alt labor and materials and perform all work for the construction of the following
described project:
PAINT/PLASTER REPAIR AT LUBBOCK MUNICIPAL AUDITORIUM
After the expiration of the time and date above first written, said seated proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene
Eads, 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 25th day of June. 1992. at Municipal Bldg.,
Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the, right to reject any or
all bids and waive any formalities. The successful bidder will be required to furnish a performance bond
and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the
total contract price in the event that said contract price exceeds 525,000.00. Said statutory bonds should
be issued by a company carrying a current ftsA Rating of P 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 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, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant _
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a pre-bid conference on 4th day of June 1942 at 10:00 o,clock a.m., Lubbock
Auditorium Stage, 2720 6th Street, Lubbock, Texas.
CITY OF LUBBOCK
BY: Ge Eads, C.P.M.
Purchasing Manager
i
ADVERTISEMENT FOR BIDS
BID # 12030
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Roan L-04, Lubbock,
Texas, 79401 until 2:00 o'clock P.m. on the 11th day of June 1992 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:
PAINT/PLASTER REPAIR AT LUBBOCK MUNICIPAL AUDITORIUM
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
The plans, specifications, proposal 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
Dian 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, Vernons
Am. 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, or national origin in consideration for an award.
There will be a prebid conference on the 4th day of June. 1992, at 10:00 o'clock a.m., Lubbock
Auditorium Stage, 2720 6th Street, Lubbock, Texas.
BY: de4 Eads, C.P.M.
PURCHASING MANAGER
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GENERAL INSTRUCTIONS TO BIDDERS
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ENERAL INSTRUCTIONS TO_BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following:
Painting and plaster repairs to the City of Lubbock Municipal Auditorium located at 2720 6th Street,
Lubbock, Texas.
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the Gen-
eral 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.
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 75 (SEVENTY-FIVE)
calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the
successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however,
the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated
by the contract documents. In the event the City requires a progress schedule to be submitted, and it is
determined by the City that the progress of the work is not in accordance with the progress schedule so sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple-
tion 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
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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.
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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 r.
will not relieve the Contractor of full responsibility for providing materials of high quality and for pro-
tecting 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 provi-
sion. 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.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective materials and workmanship. Prior to final acceptance, the Contractor shalt 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 di-
rectly to the Contractor. The Contractor shall then distribute copies of 'plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, 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 re-
serves 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 me-
terials to be incorporated into the work without paying the tax at the time of purchase.
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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 construc-
7 of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities of which it has knowledge. How-
ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under -
7 ground 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 shalt, at his own expense, furnish and erect such barricades, fences, tights and danger sig-
nals, 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 shalt be immediately removed and re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
14. EXPLOSIVES
o
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 fult responsibility for all damage which may occur as a direct or indirect result of the blast -
Ing. in addition, in alt 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 shalt not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of
responsibility for,any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shalt 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 shalt 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 shalt contain an agreement on the part of the insurer waiving the right to subroga-
tion.
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 5159x, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and -the bidder's obligations there- ._
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed:is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the owner's Representative to do such work. The
final decision on whether to allow construction work requiring an inspector on weekends or holidays will be
made by the Owner's Representative.
In any event, if:e 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 EMPLOYEESANDFILING 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 shalt 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 deduc-
tions (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.
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The Contractor shalt forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten
dollars for each taborer, 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 in-
creases or decreases in the cost of materials, labor or other items required for the project will be re-
jected 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 shalt 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, dis-
tinctly 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 indi-
vidual, his name must be signed by him or his duty 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 shalt 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).
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.
21. BOUND COPT OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shalt be bound and include the fol-
lowing:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(9) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
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BID PROPOSAL
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BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
r., PLACE Lubbock
DATE_ June 11 - 1992
PROJECT. No._1491-552101-9718
Proposal of PHARR CONSTRUCTION CO., INC dba PHARR & COMPANY ( Proposal of
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 e _ PAINT/PLASTER REPAIR AT
LUBBOCK MUNICIPAL AUDITORIUM BID 412030
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re-
laced contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing the 'construct ion 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, specifica-
PON and contract documents, within the time set forth therein and at the price stated in Exhibit "A":
The Bidder binds himself on acceptance of his proposal to execute a contract and any required bonds, according to
the accompanying forms, for performing and completing the said work within the time stated and for the prices stated
in Exhibit "All of this proposal.
The Bidder hereby agrees to commence the work on the above project on or be
fore a date
to be specified in a written _
'.., "Notice to Proceed's of the Owner and to fully complete the project within 75 (SEVENTY-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 Hunder 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.
k
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with Instructi
71 number 20 of the General Instructions to Bidders. On
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
7 after the scheduled closing time for receiving bids.
' The undersigned Bidder hereby declaresh
tat he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the
work on which he has bid; as provided in the contract documents.
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Enclosed with this proposal is a Cashier's Check or Certified Pit or g Dollar:
(S ) or a Proposal Bond in the sum of Dollars (S 5% ), whip
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 sab
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 con
tract documents made available to him for his inspection in accordance with the Notice to Bidders.
PHARR CONSTRUCTION CO., INC
d/b/a PHARR A COMPANY
` Contra or
, BY:
t ohn K. Pharr, Vice—Presi`a
'(Sehl if Bidder is a Corporation)
ATTEST:
Secrgtary Jackie Miller _
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BID FOR UNIT PRICE CONTRACTS
r" I Item Quantities
No•& Units Description of Item & Unit PricesAmount-
Total
f�.........................•--.....---......_......------..
` 1• 1,121 SQ.FT. Gypsum Plaster
MATERIALS: Six and 69/100 ---------------------Dollars = 6.69
( /Sq. Ft
SERVICES: Four and 46/100 --------------------Dollars (S 4.46
--/Sq. Ft
TOTAL UNIT COST: Eleven and 15/100 --------------Dollars (=11.15
/Sg. Ft
TOTAL BID ITEM 1: Twelve Thousand Five Hundred Three! & 77/100(512,503.77
2. 19,200 SQ.FT. Painting
MATERIALS: One and 25/100 ------------------ Dollars
(s 1.25 /sq. Ft.
SERVICES: 84/100 — — — — — — — — — — — — —
-------------Dollars (s .84 a /sq. Ft.
TOTAL UNIT COST: Two and 09/100 -------------- Dollars = 2.09
/Sq. Ft.
TOTAL BID ITEM 2:Forty Thousand Two Hundred Eight and no/100 (s40,208.00
' TOTAL BID EXHIBIT "A" (Items 1 and 2)
pm
,,. MATERIALS: Thirty -One Thousand Six Hundred Twenty Seven and 06/I0Qs 31,627.06
SERVICES: Twenty -One Thousand Eighty -Four and 71/100 _____
(s 21, 084.71 )
TOTAL BID: Fifty -Two Thousand Seven Hundred," El
reeven and 77/100--
--(s 52,711.77 )
• PHARR CONSTRUCTION CO., INC. d/b/a PHARR & COMPANY
LIST OF SUBCONTRACTORS
This form shall be completed and submittedwith the Bidders Proposal
1- Hargrove Painting
2. RPM Drywall, Inc.
3.
4.
5.
6.
7.
8.
9.
10.
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Minority Owned
Yes No
X
X
dFM_
F UNITED STATES
KNOW ALL MEN BY THESE PRESENTS:
ARANTY COMPANY
an
BID BOND
BONDNUMBER.....................................................................................».
THAT Pharr Construction nc. dba Pharr &Company
Co..t.............................»»..»....»....
................»..»......................»....»...
= »..............................................»....:..., as Principal , and UNITED STATES FIDELITY AND
GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto ..............................................».
City...of....Lubbo k...........................................».»..................
as Obligee, in the full and just sum of ..........
FIVE. . . . PERCENT OF AMOUNT BID BY PRINCIPAL------
.........
»............»............................».»....»...............................................».........».................................................».................................... Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal is herewith submitting its proposal
Paint/plaster repair at Lubbock Municipal Auditorium
Bid #12030
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the
r time required; enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of
l $. the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between
#.. the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work
if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof.
Pharr Construction Co., Inc. dba
Signed, seated and delivered ............... 6.-1..1.-.92...................... P & Company
(Date)
i1 ...... EAU
s John K. Pharr, Vice -President
........... .........................................................................................................................».....(SEAQ
UNITED STATES FIDELITY AND GUARANTY COMPANY
....................
» • ................»»..
L a a s p i n o z a Attorney-in-fact
M.fi , 1 s.:{ +. ''s' eS{ •. yJ .{?. ,. Iiiil // Fiti\ Y{
i �%. t.;ii\ itt.itk iiia?:ii« s13t.t1\ iltj c(L\ .Lfir��\ .+,+FS::ili�ti'iri
Contract 11 (Revised) (1-74)
i
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No ....... 193998 ------------- -- ----
Know all "fen by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Chris Simpson
of the City of Wichita Falls . State of Texas
its true and lawful attorney in and for the State of'
Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Chris Simpson
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 15th day of
November , A. D. 19 91
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) &I ..... .W. J. D. .Somerville, Jr.
................................,.... -
l�ict•President." -"
(SEAL),
(Signed) Paul D. Sims'
.........................................................
.Assistant Secretary.
STATE OF MARYLAND. C
BALTIMORE CITY,
On this 15th day of November. A. D. 19 91, before me personally came
W. J. D. Somerville, Jr. , Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Paul D. Sims , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said W. J. D. Somerville, Jr.
"and . Paul D. Sims were respectively the Vice -President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President
and Assistant Secretary, respectively, of the Co
My commission expires the first day in YutXA. D. 19..94
(Signed) ...... ErmaL. ,
(SEAL) ubright
...R.................. 'idaiary'pualic*.....
FS 3 (3.87)
,
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•2ullaaw ptes jo sajnutw 0y1 ut paplooal sg joaaagi ajogm agl pug 'uotlnjosai
ptes jo Adoo ioanoo put anti a si 2uto2aloj ayi ivy put 'tuasatd sum sloiaava jo plgog ayi jo wnlonb s 2upoaw gargM is 'i861 'l2gwano1l
jo Asp giSZ aqi uo 'alotupleg jo Atte aqi ut Auedwo3 aqi jo aagjo aqi is play put pallia Alnp 'Auedwo� plus jo szotoona jo pisog
ayi jo 2Ul10aw 1e1n2w a is paidops uotinjosai s jo aougnslnd UT Uan12 sunt AaU1ol1V jo iae►od plus itgi Ajrilao .iagilnj op I puV
IMP ptre aoloj ljnj Ut Iltjs st pus pa>tonal uaag lanau sgq Aauloijg jo fantod gotgn+'giloj
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uosdmTS STJgD
of Auedwo3 Ptes Aq
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(INV )L.LI134i3 S3.LVIS Q3.LINfl ay jo A1gjan2S jutjsrssV us' Hamm *r ' 3
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paplooai 10 palg 'pajdaooe 'palapual 'uan12 'U3319i 'spew 'pajnoaxa aq of pajirwiad io paltnboi 'pamotle aq 'asrnuagjo 10 ledrotunw 'laool
'laogjo io aogjo 'uotivziuvgjo 'Apoq 'pleoq Aug jo uoijalosip 10 aatiae.td 'swojsno 'slaplo 'suorisln22l 'salni 2111 Aq 10 'spuue:) jo satlojl.ual
io saoutnad 2g1 jo to saiviS paltufl ay jo A1olpial so alg1S Aug jo 10 sajeiS pajlufl ayi jo ajnjalS Aug Aq 10 'asrnuagjo so ladtaiunw
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PUB 'pantolle
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ao.A su Io layjra 10 juaprsald sjl 1amodwa pus aztlogjne 'saop Agalay a
put 'op Auedwo3 slgi 7eg1 `paajosag jl aq 'alola tast,j
:epeus:) jo 62t101u1aj putt
saaUlnoia aqi ur Pug sajeiS pajtufl 0111 jo satloitllay agj Ut pus 'puvIA1g11j uegi tagjo sajeiS ut awgu sit ut pus it 1oj jag of Ajrsogjns put
1aMod 411m shomolle pug sjua2g jurodde Auedwo:) sty ieyi ssouisnq jo uopassuelj Isnlaajja aql 1oj Alessaaau st 1t'mdaya m'j
mou mosau dO .Idol
PAYMENT BOND
-14-
(THIS PAGE LEFT BLANK INTENTIONALLY)
i
UNITED STATES
��pEUTY,,�O
FIDE N UARANTY COMPANY
w wnd
(A St k opany)
80ND CHECK
TEXAS STATUTORY PAYMENT BOND BEST
RATING
(Penalty of this bond must be 100°k of Contract amount) I('r ,
STATE OF TEXAS
COUNTY OF LubbockBONDNUMBER................... A��L
KNOW ALL MEN BY THESE PRESENTS:
That.......... Pharr Construction Co., Inc. dba Pharr & Company
...........................................................................................
......................................................
(hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY,
a corporation organized under the laws of the State of Maryland, a Corporate Surety authorized and admitted
to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter
called the Surety), as Surety, are held and firmly bound unto... City s
of Lubbock, Texas
........................................
.................................................................................................. ...................
FIFTY —TWO THOUSAND SEVEN HUNDRED
(hereinafter called the Obligee), in the penal sum of ......................
ELEVEN DOLLARS AND .77/100 --------- -----
=:. ......
52 711.77
($• • • • • • • .. • ............) for the payment of which sum well and truly to be made, we bind ourselves,
our 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.........�e.......... , 19.92. a copy of which is hereto attached and made a part hereof, for
Bid No. 12030: Paint/Plaster Repair at Lubbock Municipal Auditorium Project
` in the Amount of $52,711.77
' NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
s~
pay all claimants supplyinglabor and material to him or a subcontractor in the prosecution of the work provided
�j 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, Revised
1^ Civil Statutes of Texas and all liabilities on this bond to all such claimants shall be determined in accordance
r with the provisions thereof 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
8........ day of.
8th July 19. 92 Pharr Construction Co. , Inc. dba
...................
. Pharr &
.. .
• ......(Sea!)
4
................................................... BYs... �........e
...............(S (Seal)
V1 STATES FIDELI AND GUARANTY COMPANY
By.. 00,(Sea!)
Chris Simpson Attomey-in-fact
Contract 214 (Texas) (10-89)
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No ------- 191998 ----------------------
Know
-------- - --
Know alt ,filen by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Chris Simpson
of the City of Wichita Falls State of Texas
its true and lawful attorney in and for the State of Texas
L for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform. any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Chris Simpson
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate—seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 15th day of
November I, A.D. 19 91
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) By,,,,,,W J. D. Somerville, Jr.
.......................................
Vice -President.
( SEAL)
(Signed).....Paul. D. Sims ..,, .. ..
Assistant Secretary.
STATE OF MARYLAND
BALTIMORE CITY, as.
On this 15th day of November , A. D. 19 91, before me personally came
W. J. D. Somerville, Jr. . Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Paul D. Sims . Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said W. J. D. Somerville, Jr.
and Paul D. Sims were respectively the Vice -President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President
and Assistant Secretary, respectively, of the Com
augtf'� A
ir-
]1Iy commission expires the first day in A. D. 19..94
(SEAL) (Signed) .........Erma L. Rubright........�
Notary Public.
rFS 3 (1.87)
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A,Lmvuvf1J amv ALI13QIa suns a3.LINfl aql jo Igas aqi pus pusq dw las oiunaiaq aAaq I 'JoatayAt l3uolupsay ul
-2upaaw ptas jo salnutw 2g1 ut paptoaaj so joatayl aloyM aql pug 'uotinjosat
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aql jo 2up2aw iBIngat a le paidope uounjosat g jo aouansjnd ut uant2 saM dautouV jo taMod ptes ivy djptaa taglxnj op I puV
•laajja pus awoj Ilnj ut Ilps sl pue pa3lonat uaaq tanau sey daujoue jo mAod gotyM'quoj _
las utatayl se spuoq u2ts o1 aaiq 2utiamodwa pus 2utztsoglns ' SEXay s SjTE3 E,4T1goTM jo
uosdmTS sTago
ai duedwo:) Plus dq
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gotyM suotltpuoo Aug jo 8utyidue jo 2utop jou jo 2utop ayi ioj pauotltpuoo 'tanaosiagM saplosdea IIs pug Aug ut 'janaoslegM uope2tus2jo
to uopetoosse taglo jo dlqudtotunw ysatalut 'aagjo 'dpoq 'uotleiodaoo 'suosiad to uosjad Aug jol to dq 'jo uopoamid to dltjnoas aqi joj —
'apetu 'palnoaxa aq of pautxujad jo pattnbw 'paMollg oq 'astMjayio jo jediatunw 'Igool
papjoaaj jo paly •paldaaae 'pajapual 4uant2 'ua�lei
'jaagjo to aaglo 'uourzlue2jo 'dpoq 'pteoq Aug jo uoilajastp jo aotimud 'stuoisna 'sjapjo 'suopeln2aj 'salnj aqi dq jo 'epeus:) jo sattoltual
JO saautnoja ayi jo To saleiS pattufl ay jo djoitjtay to ams Aug jo to solei$ paltufl ayi jo ainiaiS Aug dq to 'astMjaylo io ledtatunw
'MBI dq dew to an gatgm •awes aqi jo jagxta jo ajniau ay ut 2utyldus to soupleljapun 'suotlelndtls 'suope2tlgo 'saauuzru2oaat 'spuoq
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Pug 'paMollg
Mal dq jo 4s2utpaaootd to suopaa lla ut pallpmad To paiinbaz 'slue luvapun pus spuoq 2uxaalugjens jo 2utlnaax2 pug satailod aaus.xnsut
uagi jaylo slaajiuoo jo saauewjojjad aqi 2ut2aiuetens ysnii aisntjd jo aTlgnd jo suotitsod 2utploq suostad jo ditlapg aqi 2utoaluejans
slasiluoa Ila pus Aug jantlap pus ainaaxa of 'he sit sg pug aweu sit ut 'duedwoa ptes jo siu22a to luaft jo 'laej•ut•sdautous to daujollg se
suostad to uostad Aug lutodde of 'leas alejodtoa sit japun 'sauglanaS luaistssV sl[ jo auo jo djelajaaS sit qi!m uotlaunfuoa ut sivaptsoja
'aotA sil jo jayita to ivaptsatd sir jamodwa pus aztjogins 'scop dgaiaq ll pus by duadwoo stgl ivy 'paalosay jjtaq labia rayl,
:8peuez) jo saxjoltjjal pus
saauteota aqi ut pug saleiS paitufl aqi jo satjoiujal aqi ut pus 'puvlAjal% ueyl jaylo saleiS ut aweu s1t nt pug 1! toj 139 01 dltjogins pus
jaMod ql,M sdautolie pug sluase iutodde duedwo:) stye leyi ssautsnq jo uopaesuajl janloajja aqi joj djassaaau st 1l 'soajayAj lay,1
Nolsrnzosaa 3o aaoD
w
�I
s
PERFORMANCE BOND
{
3'
tI
l�
.l
l
I�
-17-
(THIS PAGE LEFT BLANK INTENTIONALLY)
i
Ir'
�I
UNITED STATES
COMPANY
(a NOCK "rnpany) BOND CHECK
TEXAS STATUTORY PERFORMANCE BOND BEST RATING "
(Penalty of this bond must be took of Contract amount) LICENSE9 I TEXAS
STATE OF TEXAS OTE77—
Y
COUNTY OF Lubbock BOND NUMBER ..........................
KNOW ALL MEN BY THESE PRESENTS:
That ............ Pharr. Construction..Co. Inc....dba.Pharr ..& ..Company ........................
...........................................................
........................................................................................................................
(hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY,
a corporation organized under the laws of the State of Maryland, a Corporate Surety, authorized and admitted
to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter
called the Surety), as Surety, are held and firmly bound unto....... City of Lubbock,, Texas
(hereinafter called the Obligee), in the penal sum of .... >IFTY..-=.THOUZ=.SSV.EN.HUNDHF{D........
II'.DOL&PS AND .77/100--------------- ............Dollars
........................ .......
($ 52, 711. . ............ 77 , , , , , , , ) for the payment of which sum well and truly to be made, bind ourselves,
.....
our 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 .....June ............. 19-92 ...., a copy of which is hereto attached and made a part
hereof, for Bid No. 12030: Paint/Plaster Repair at Lubbock Municipal Auditorium
Project in the Amount of $52,711.77.
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, Revised
Civil Statutes of Texas and all liabilities on this bond shall be determined in accordance with the provisions
thereof 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
8th July92 Pharr Construction Co., Inca dba
....................... day of 19 . Pharr & Company
9 ".. ................. ........ ......
..(/.ice!.... ......... (Seal)
BY:,
(Seal)
................................ , Vice -P ident
D GUARANTY COMPANY
ey ... (Seal)
Attorney-in-fact
Chris Simpson
Contract 213 (Texas) (10-89)
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No.---- 103998
Know all ,lien by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Chris Simpson
of the City of Wichita Falls , State of Texas
its true and lawful attorney in and for the State of Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform. any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Chris Simpson
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 15th day of
November , A.D. 19 91
UNITED STATES FIDELITY AND GUARANTY COMPANY.
W. J. D. Somerville, Jr.
(Signed) By .........................................................
Vice -President.
(SEAL) Paul D. Sims
(Signed).........................................................
Assistant Secretary.
STATE OF MARYLAND. t
s ss:
BALTIMORE CITY,
On this 15th day of November , A. D. 19 91, before me personally came
W. J. D. Somerville, Jr. , Vice -President of the. UNITED STATES FIDELITY AND GUARANTY
COMPANY and Paul D. Sims Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said W. J. D. Somerville, Jr.
and Paul D. Sims were respectively the Vice -President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President
and Assistant Secretary, respectively, of theAuompg�y.
My commission expires the first day in A. D. 19..94
(SEAL) (Signed) ,,,,,,,,,Erma L. Rubright..._._... ._. ......
Notary Public.
FS 3 (1.87)
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0qi jo 2utiaaw seln2a.i a ie paidope uotinjosas a jo oauensind ut uae12 sea dausoiiV ;o aaaod Pees My Ajtiiaa aagisnj op I PuV
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aNIV x1I1I3aii S3.LVJ.S a3.L[NIR agi jo.Cseias3aS iusistssV us' AaTTTM 'l '3
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041 10 iagita jo asnivu ayi ut 2utgidus ao'2ut>feisapun so'uotiglndtis 'uotie2tlgo 'aousztu2ooas 'puoq gins Aug ur so; papreoad ag daw
gotgM suoprpuoa Aug so 2utq]Aue jo 2utop iou 10 2utop ayi aoj pauorirpuoo 'saeaosiega sariroede3 Ile pus Aug ut 'iaeaosisga uoryezrus2ao
so uojietoossg sayio so �Curedt3tunw 'isasatut 'aagjo 'dpoq 'uorlesodsoa 'suossad so uossad Aug aoj ao Aq 'jo uo[iaaioid so Aitsnoas aqi aoj
papa°aaa ao palg 'paidaoae 'Pasapuai 'uant2 'ua>jsi 'apew 'painaaxa oq of paiitwiad ao pastnbas 'paaollu aq 'astMsayio ao ledr3tunw 'ieaol —
'aa3gjo ao a3gjo 'uoiieztug2so 'Apoq 'paeoq Aug jo uotias3srp to a3ri3ssd 'swoisno 'ssapso 'suotieln2aa 'salns aqi Aq so 'epeueo jo sarsoirssai
ao saouteoad aqi jo so saieiS paitul] ayi jo Aaoirssay so aisiS Aug jo so salgiS pairun aq) jo ainiviS Sus Aq so 'astaaagio so Isdratunw
,Mel Aq Asm -to las gotga 'awls aq] jo aayua jo asnieu aqi ut 2utgiAus so s2uplaisapun 'suoris[ndtis 'suotie2t[go .s2ausztu8oaas 'spuoq
IIs pus Aug jo suotitpuo3.ayi 2aiussen2 pus ainaaxa of slua2e so lua2e Jo'i3gj•ut-sdausoiis ao Aatuolis sir se pus aweu sit ur'oely
MaI Aq so 's2u1paa3osd so suopae 'paaollu
.13e Ile ut palltwaad so pannbaa 's2unleisapun Puy spuoq 2waaiussgn2 so 2urin32x0 pug sat3rlod aausansut
"RIOuegi yio si3esiuo3 jo sa3uewsojsad aqi eutaaiuusen2 'isnai aieersd to otlgnd jo suotitsod 2utploq suossad jo dirlapg aqi 2utazweaen8 --
913ssiu03 IIs pue Aug aaerlap Pug ainaaxa of 413E sir su pus awgu sir ut '6uedwo� ptgs jo siu22e -10 lu32e so'13ej•ur•s60usoiie ao Aausoiis ss
suossad ao uossad Aug iutoddu of 'lgas aissodao3 sir aapun 'satseianaS iueisissd sit jo auo so Sagi2s3aS sit yirM uoti3unruo3 ut sivaptsaad
•a3.A sit jo sayita so ivaptsasd sit saaodwa Puy aztsoging 'saop Cgazaq IT pull by Ausdwoo srgi iegi 'paalosay j*'" 'arofa.tays
:gpeuea jo sataoirsaai pug
s23uteosd aq) nr pug saieiS P3itull 0qi jo sarsoltaaa,L aqi ut pue 'puep(ss;�l ueyi aag10 saieiS ur awgu sit ut pue It soj 13e of ,Ciuogins Puy
aaaod gita sdausolis pug siva2e iutoddy .iuedwoo sty iegi ssautsnq jo uoti3esuesi lentaiga ayi aoj ,Csessaoau st ir'goalat(�
xolJ mosaa ao xdoo
F1
CERTIFICATE OF INSURANCE
-20-
(THIS PAGE LEFT BLANK INTENTIONALLY)
ISSUE DATE (MM/DDNY)
a:ilt:n. CERTIFICATE OF INSURANCE_ , X92 4
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE j
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Wlsby & Associates {—POLICIES BELOW.
P.O. Box 53205 Limits shown re at policy inception
Lubbock, Texas 79453 CO�RANtES AFFORDING COVER
COMPANY A
LETTER U. S. Fire Insurance Company
COMPANY B
INSURED LETTER
COMPANY C
Pharr Construction Co., Inc. LETTER
dba Pharr and Company COMPANY
P.O.BOX 2791 LETTER D
Lubbock, Texas 79408 COMPANY
LETTER E
('.COVERAGES I
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
r`!' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS.SUBJECT TO ALL THE TERMS,
j 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 LIMITS
lLTR DATE (MM/DD/YY) DATE (MM/DDIYY)
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR.
OWNER'S & CONTRACTOR'S PROT.
AUTOMOBILE LIABILITY
x ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
x HIRED AUTOS
x NON -OWNED AUTOS
GARAGE LIABILITY
GENERAL AGGREGATE $ 2, 000, 000.
PRODUCTS-COMPIOPAGG. $ 1,000,000.
543 060795 6 08-15-91 08-15-92 PERSONAL & ADV. INJURY S 1, 000, OOO.
EACH OCCURRENCE $ 11000,000.
_
FIRE DAMAGE (Any one fire) $ 50,000.
MED. EXPENSE (Any one person) $ 5.4.000_
133 598 798 08-15-91 08-15-92
COMBINED SINGLE
LIMIT
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
EXCESS LIABILITY
A 523 629 138 6
08-15-91 08-15-92
EACH OCCURRENCE $ 1,000,000.
AGGREGATE $
X UMBRELLA FORM
1,000,000.
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION 407 077 878
08-15-91 08-15-92
STATUTORY LIMITS
EISEASEACH S 500,000.
AND * Work Comp. is
assigned risk policy
- 500,000.
A
EMPLOYERS' LIABILITY Certificate will
be forthcoming
POLI
DISEASE—POLICY LIMIT S
DISEASE—EACH EMPLOYEE $ 500, OOO.
OTHER Builder's 321 017142 6
07-06-92 09-06-92
All Risk $1,000. Ded
A Risk
Amount $52,711.77
A Owner's &Cent .
ro active _..-._ TBD _. _- .
_..._._._07-06-92 09706-92,,m_$500,000 Aggregate
$500,000 Occurrence "
ITEMS
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL
Project: Paint/Plaster REpair at Lubbock Municipal Auditorium for City of Lubbock
Lubbock, Texas
CERTIFICATE HOLDER
CANCELLATION
,r
±i
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Attn: Gene Eades CPM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL —IQ- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
i AUTHORIZED REPRESENTATIVE
ACORD 2S -S (7190) ___' CACORD CORPORATION 1990
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No.. -----19-998 ----------------------
Know
0 3998 -----
Knots all ,filen by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Chris Simpson
of the City of Wichita Falls , State of Texas
its true and lawful attorney in and for the State of Texas
0
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Chris Simpson
may lawfully do in the premises by virtue of these presents.
I In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
" sealed with its corporate a al, duly attested by the signatures of its Vice -President and Assistant Secretary, this 15th day of
November , A. D. 19 91
F
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) g W. J. D. Somerville, Jr.
g ) y....... ...................... .... .. .. .. ..
Vice -President.
(SEAL) Paul D. Sims
(Signed) .. ... ............ ....... ...........
Assistant Secretary.
STATE OF MARYLAND. i
s as:
BALTIMORE CITY.
On this 15th day of November , A. D. 19 91, before me personally came
W. J. D. Somerville, Jr. . Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Paul D. Sims . Assistant Secretary of said Company, with both of
whom 1 am personally acquainted, who being by me severally duly sworn, said that they, the said W. J. D. Somerville, Jr.
and Paul D. Sims were respectively the Vice -President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President
and Assistant Secretary, respectively, of thlkSompgly.
My commission expires the first day in WA. D. 19..94
(SEAL) (Signed) ,,,,,,,,,Erma L. Rubright............ ......
Notary Public.
FFS 3 (1-87)
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Eutlaaw Pees to salnuiw otll ut paptoaaJ se IoaJagl al0get ayl pue'uotlnlosai
ptes Io ddo3 loanoa pus anal a at 2vio2aJ0f ayl lggl pue •luasa.id sem sJoloolTU Io pJgoil aqj jo wnJonb a 2utl2aw gatgm IN 'IS6I iagwanoAl
Io d9P gISZ aql uo 'alowillell )o dlt0 oyl ut duedwo0 aql }o aaylo aql it plaq put palita dlnp 'duedwo0 ptes Io sJol33Jta to pJgog
aqI Io 2utlaaw J9In2aJ t IN paidoptr uoiinlos2i 9 Io aouensind ut uaet2 sem dauJolIV Io Jamod ptes legl dlryJaa JaylJnl op I puV
•Balla put 03Jo; IInI ut lltls St pue p01oe31 uaaq lanae sty dawolle Io Jamod gatym'quo
las maJagl as spuoq u2is of aaq 2utJ2modwa pue 2u[ziJoying ' SEXay s STTv3 E4TROTM Io
uosdmTS sT=qD
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uamS ,tauiollt Io Jamod Itut2po ay Io Moo I3ano3 put ann `IInI a st Swo2aJol ayI mydltiJa3 dgataq op `,kNA.L o= duedwo0 dq
:) p!vs
CI
A,LI l3QIa S31V.LS 03.LINf1 ay Io AnlainS IuelstssV ut • �aTTTM ' T VdI�00 9
'a
awes ay Io Jaglta Io aJnitu oqi ut 2wgIAut zo'SuIneltapun so'uotleindtls 'uom?2tigo '03ueztv2oow 'puoq vans Aug ut Jo} paptnord aq dtw
gatgm suotltpuo3 Aug io 2uiyldue Io 2uiop lou Jo 2utop ay JoI pauotIiPu03 'JaAaOslgym satlt3[de3 lie pug Aug ut 'aanaoslegnt uotleztue2Jo
to uotletaosse Jayjo Jo dlgadtatunw 'IsaJalut `231io 'dpoq 'uotlinodro3 'suosJad Jo uosiad Aug JoI Jo dq ';o uop3aloJd Jo dhJn3as agI JoI
p2pJo3aJ Jo paig 'palda3at 'paJapual 'u2n12 'va3191 'apew 'paln3axa aq of palltwJad Jo pamnbaJ 'pamolln oq 'astmJaglo Jo tedtatunw '18301
•.133910 Jo 139lo 'uotleztue2Jo 'dpoq 'pjeoq Aug Io uollansip Jo a3imud 'swolsn3 'ssapJo 'suonvinlai 'saint ayl dq Jo 'epgug0 Io satioltual
Jo sa3uteoJd aql to Jo salels paltufl aql to dJoltJJaZ to alvIS Aug JO Jo salelS paltufl oyl Io alnmS Aug dq Jo 'asiAuagio Jo Iedt3tunm
'mtl dq dew Jo aJe gotym •awes ayl Io Jaylta to ammu aql ut 2utgldut Jo s2ullulJapun 'suotletndils 'suotlg2tjgo 'sa3ueztu2o3aJ 'spuoq
tit Pug Aug Io suompuoa ayaalueJen2 put aln3axa of slua2e Jo lua2t J0 y3el-ui-sdautollg Jo daluolle slt se put aweu SI! vt •osly.
Pull 'pamollt
mel dq Jo 's2utpaaaoJd Jo suotl0e lie vt pall!tund Jo paJtnbaJ 's2utlettapun put spuoq 2waammen2 Jo 2utmaxa put sat3tlod a3uginsut
uegl Jaglo sl3viluoa Io saau9wJolJad agl 2waalueJgn2 'lsnal altnttd Jo 3tignd to suotltsod 2utploq suosJad Io dlrlapg ayl 2waameJtns
slaeJluoa 119 pue Aug Jaetiap pue amaxa of 'Iae slt an put aweu sp ut 'Auudwo0 ptes Io slua2e Jo lva2t Jo 'l3el-ut-sdauJolle Jo dauJolle at
suosaad Jo uosJad due lutodde of 'lgas amtodm slt Japun 'satJ9lanaS luelstssV slt Io auo Jo dlglaJ32S slt yltm uotl3unfuo3 ut sluaptsaJd
93tA sIt Io Jayua Jo luaptsaJd slt Jamodwa pus azttoying 'saop dgataq It pug by duedwo0 stgl legs 'paa]ovag ;?,aq 'a soja lay,
:gpeue0 Io satJolpial pug
s03uteoJd aql ui pug salvIS paltufl ayl to satroltJJajL aqI ut pug 'pueidJtlq uggl Jaylo salels ut aweu slt vt pus It JoI I3e oI dl!jouogln9 pee
Jamod gltm sdauzolle pus slua2¢ lutodde duedwo0 stgl legl ssautsnq to uotl3esueJl Ienl3aya aql JoI dJessa3au at lt'sna 8 of y
x011nzos3x dO Ad03
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SII
t'
I
CONTRACT
1
ll
Jf
-22-
(THIS PAGE LEFT BLANK INTENTIONALLY)
I
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
^, THIS AGREEMENT, made and entered into this dime_ 25_1992, by and between the City of Lubbock, County of
i Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter
referred to as OWNER, and Pharr Construction Co Inc d/b/a Pharr Co of the City of LUBBOCK, County of LUBBOCK 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 CON -
PRO TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol -
c tows:
BID B 12030 - PAINT/PLASTER REPAIR 0 LUBBOCK MUNICIPAL AUDITORIUM PROJECT IN THE AMOUNT OF $52,711.770.
and ail 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 atl materials, supplies, machinery, equipment, toots, superintendence,
labor, insurance and other accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
.. the proposal. submitted therefore, subject to additions and deductions, as provided in the contract documents and to
make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this emeAin Lubbock ubbock County.
Texas in the year and day first above written.
ATTEST:
n..
IfI
Corpo a Secretary
-23-
CI
ARR CONSTRUCTION CO., INC.
d/b/a PHARR $ COMPANY
CONTRACTOR
By
T TLE: —
COMPLETE ADDRESS:
PO BOX 2791
LUBBOCK, TX 79408
jII
GENERAL CONDITIONS OF THE AGREEMENT
-24-
(THIS PAGE LEFT BLANK INTENTIONALLY)
., GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, 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: PHARR CONS 'TRUCTION CO..
INC. d/b/a PHARR A CO., who has agreed to perform the work embraced in this contract, or tohis or their
legal representative.
;. MERIS REPRESENTATIVE
Whenever the word owner's Representative or representative is used in this contract, it shalt be understood
as referring to JERRY SMITH, DIRECTOR OF BUILDING SERVICES, City of Lubbock, under whose supervision these
contract documents, including the plans and specifications, were prepared, and who wilt inspect construc-
tions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act
in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under
the direction of Owner's Representative, but shall got directly supervise the Contractor or men acting in
behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of
the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available
to Bidder for his inspection in accordance with the Notice to Bidders.
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 similarty, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory
to the Owner's Representative.
Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their no-
ture, be specifically and clearly described and specified, but are necessarily described in general terns,
the fulfillment of which must depend on individual judgment, then, In all such cases, any question of the
fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, teras, or clauses defining the
character of the work.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor
for performance of work on the project contemplated by these contract documents. owner shall have no re-
sponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
'lI ,
7
-25-
by these contract documents, but said Subcontractors will took exclusively to Contractor for any payments
due Subcontractor.
7. WRITTEN NOTICE
Written notice shatt be deemed to have been duty 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 shalt provide and pay for alt materials, supplies, machinery,
equipment, tools, superintendence, tabor, insurance, and all water, tight, power, fuel, transportation and
all other facilities necessary for the execution and completion of the work covered by the contract docu-
ments. Unless otherwise specified, all materials shalt 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 shalt be held to refer such recognized standards.
ALL work shall be done and all materials furnished in strict conformity with she contract documents.
9. SUBSTANTIALLY COMPLETED
The term KSubstantially Completed" is meant that the structure or project contemplated by the contract docu-
ments 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.Ai YOUT .
Except as specifically provided herein, the Contractor shalt be responsible for laying out all work and
shell accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative
will check the Contractorls 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 shalt be furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he shalt 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 docu-
ments. He will not be required to make exhaustive or continuous on-site 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 docu-
ments, but he mitt not be responsible for the Contractor's failure to perform the work in accordance with
the Contract Documents. On the basis of his on-site 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.
-26-
r
�I
y
F,
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence-
ment 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 Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative 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 Representa-
tive at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative 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 Representative's 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 direc-
tion of the Owner's Representative as rendered shall be promptly carried out, and arre claim arising there-
from 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 rela-
tive 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. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint
from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative
may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that
said material is furnished and said work is done in accordance with the specifications therefore. The Con-
tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors
or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey
the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when
such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate
engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's
Representative for his decision.
-27-
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 competentsuperintendent 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 Con-
tractor 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.
17. CONTRACTOR'S_ UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na-
ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate-
rials 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 dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools,_ equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur- ^
nish 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, property secluded from public ob-
servation, shall be constructed and maintained by the Contractor in such manner and atsuch points as shall
be approved by the Owner's Representative and their use shall be strictly enforced.
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21. OBSERVATION AND TESTING
The Owner or Owner's Representative shalt 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 obser-
vation 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 am-
ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep-
resentative may reject any work found to be defective or not in accordance with the contract documents, re-
gardless of the stage of its completion or the time or place of discovery of such errors and regardless of
whether Owner's Observer has previously accepted the Work through oversight or otherwise. If any work
should be covered without approval or consent of.the Owner, it must, if requested by Owner or Owner's Repre-
sentative, 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 Representa-
tive to make observations of such work or require testing of said work, then in such event Owner or Owner's
Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection,
testing or approval made by persons competent to perform such tasks at the location where that part of the
work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed
by the American Society for Testing and Materials or such other applicable organization as may be required
by law or the contract documents.
if any work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work
which fails to meet the requirements of any such tests, inspections or approval, and any work which meets
the requirements of any such tests or approval but does not meet the requirements of the contract documents
shall.be considered defective. Such defective work shall be corrected at the Contractor's expense.
r Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections,
tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with
the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work
for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as un-
suitable 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 re-
build or otherwise remedy such work so that it shall be in full accordance with this contract. it is fur-
ther 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 or materials for the work herein contemplated, or any part
thereof, either before or after the beginning of the construction, without affecting the validity of this
contract and the accompanying bond.
rte• If such changes or alterations diminish the quantity of the work to be doneo they shall not constitute the
C basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in-
crease 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 mate-
rial 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, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shalt perform all extra work under the direction of the Owner's Representa-
tive 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 (6) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (6) be agreed upon before the extra work is com-
menced, then the Contractor shalt be paid the actual field cost of the work, plus
fifteen (15X) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this para- _
graph 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 insurances as may be required by law or ordinances or directed by the owner or
Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts
of the actual field cost shall be kept and records of these accounts shall be made available to the owner's
Representative. The Owner's Representative may also specify in writing, before the work commences, the
method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin-
ery and equipment shad be determined by using 100%, unless otherwise specified, of the latest Schedule of
Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical,
the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work
order. The fifteen percent (15X) of the actual field cost to be paid to Contractor shall cover and com-
pensate him for his profit, overhead, general supegintendence and field office expense, and all other ele-
ments of cost and expense not embraced within the Ictuat 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 Repre-
sentative 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 in-
sists 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
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under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi-
tration 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 re-
quest 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 farad 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 speci-
fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shalt comply with the
Workmen's Compensation laws of the State of Texas. The Contractor shall at alt timesexercise 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, indem-
nify 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 sus-
tained 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 subcon-
tractor 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 pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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F -31.
28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized 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. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage 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.
B. Owner's Protective or Contingent Public Liability insurance and Property Damage Liability Insurance.
The Contractor shalt 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, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability.insurance
The Contractor shall have Comprehensive Automobile Liability insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $1000000
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -
owned Vehicles. The City is to.be named as an additional insured on this policy for this specific
job 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 poten-
tial toss) naming the City of Lubbock as insured.
-32.
E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of
($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages.
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.
F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at least $100,000 limit.
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 in-
sured 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 shalt be on the form (or identical copies thereof) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT
AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power toots, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness
within five (5) days after demand is made, then owner may, during the period for which such indebtedness
7 -33.
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.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shalt pay all royalties and license fees, and shalt provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shalt 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 shalt defend sit such suits and claims and shalt be responsible for all such toss when a particular
design, device, material or process or the product of -a particular manufacturer or manufacturers is speci-
fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shalt indemnify and save Owner harm-
less from any loss on account thereof. if the material or process specified or required by Owner is an in-
fringement, the Contractor shalt be responsible for such loss unless he promptly gives written notice to the
Owner of such infringement.
31. 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 taws, 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, in-
sofar as the same regulates the objects for which, or the manner in which, or the conditions under which the
Owner may enter into contracts, shalt be controlling, and shall be considered as part of this contract to
the same effect as though embodied herein.
32. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to
the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature
of the work, or materials required in the performance of this contract, shall not relieve the Contractor —'
from his full obligations to the Owner, as provided by this contractual agreement.
33. 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 shalt be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fait, 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 con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of 5100.00 (ONE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages
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..� 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 thetimefor the com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this local-
ity.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica-
bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain, 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.
34: TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor'shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and
in such manner as shall be most conductive to economy of construction; provided, however, that the order and
time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in
accordance with this contact, 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 sev-
eras parts.
35. EXTENSION OF TIME
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,
walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written justification as may be required by Owner's Representative
for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. 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.
36. 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 in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
-35.
shaft 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.
37. AUANTITIES 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 of-
fered 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.
38. 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 perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. 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 tabor 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.
40. 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 de-
fective work. Contractor shall at any time requested during the progress of the work furnish the Owner or
Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness
in connection with the work. Before final payment is made, Contractor shall satisfy owner, by affidavit or
otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the con-
tract. 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.
-36.
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41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica-
tion 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 shalt prepare a certificate for par-
tial 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 shalt also include the value of all sound ma-
terials 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%
shalt be retained until final payment, and further, less all previous payments and all further sums that may
be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole
work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and
some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon
written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per-
centage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that
the work has been completed or substantially completed, the Owner's Representative and the Owner shalt in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance with the contract documents, the Owner's Representative shalt issue to the Owner and Contractor his
certificate of completion, and thereupon it shalt be the duty of the owner, within thirty-one (31) days to
issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shalt 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 be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shalt 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 condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. 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 Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shalt 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
JI
7 -37-
date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de-
fects with reasonable promptness.
46. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may.be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner,
which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of
them.
47. 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 filedwith 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 other-
wise in the contract documents.
48. , ARBITRATION
All,questions of dispute under this agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbitrator, otherwise, there shalt be three; one named
in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fait to se-
lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shalt be a resident of the City of Lubbock, Should the party demanding arbitration
fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de-
cision of the owner's Representative shall be final and binding on him. Should the other party fait to
choose an arbiter within ten (10) days, the Owner's Representative shall appoint,.puch arbiter. Should ei-
ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the
contract, unless either or both parties shall appeal Within ten (10) days from date of the award by the ar-
biters, and it is hereby agreed that each party shalt have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article.224, at seq., Vernon's Annotated
Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION,
-38-
r
The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the
appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar-
biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ-
ing and shall not be open to objection on account of the form of proceedings or award.
49. ABANDONMENT BY CONTRACTOR
roll
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 or-
ders 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
k-' complete the work and a copy of said notice shall be delivered to the Contractor.
r' After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the owner or the Surety of the
`,. Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any
rental or credit therefore (except when used in connection with Extra work, where credit shalt 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 sup-
plies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, toots, 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 com-
pleted 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 com-
pleted 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 taw, at least twice in a newspa-
per 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 shalt be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shalt be so notified
and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shalt 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, shalt pay the balance due as reflected by said statement within
30 days after the date of certificate of completion.
17 -39-
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 fait 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 "salt 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 sate, with or without notice, as the Owner may elect. The Owner shall release any machin-
ery, 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 incorpo-
rated 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 Con-
tractor at the prices stated in the the attached proposal, the value of all partially completed work at a
fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon,'or provided
for by the terms of this contract, and a reasonable sun to cover the cost of any provisions made by the Con-
tractor 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, Vernons Annotated Civil Statutes in the amount of 100% 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 statu-
tory 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 fur-
ther 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 con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
-40
53.
54.
55.
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.
INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au-
thority 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 ob-
serve 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.
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 alt 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.
U
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r -
CURRENT WAGE DETERMINATIONS
-42-
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Resolution #2502
January 8, 1987
Agenda Item #18
DGV:da
RESOLUTION
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public 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
11 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:
fl THAT the general prevailing rate of per diem wages for public works
contracts shall be as set forth in the following named exhibits, which
r exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction Trades
r 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.
�- 8th Januar
Passed by the City Council this day of y 1987.
G
Ranett"oyd, City Secretary
APPROVED T- NTENT:
Bi 1 Pyne, 0 rector of Building
Services
D
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
e—�qp) (?� - T 'L Z , , rr,
Do ld G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Hourly -Rite
Acoustical Ceiling Installer
$11. 60.
Air Conditioner Installer
8.3355
Air Conditioner Installer -Helper
5.50,.
Bricklayer
Bricklayer -Helper
10.50
Carpenter
5.00
Carpenter -Helper
11.0,0
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
9.50.
Insulator -Helper -
Iron Worker
5.00
Laborer, General
7
7
Mortar Mixer
..3075
Painter
5.75
60
Plumber
8.75
Plumber -Helper
9 9 .25
Roofer
.00
Roofer -Helper
7.00
65
Sheet Metal Worker i
4.75
Sheet Metal Worker -Helper
8.75
5.50
Welder - Certified
8.00
EXHIBIT B
Paving and'Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt'Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourlv 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 l 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.1 1/2 times base rate. —
SPECIFICATIONS
8
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t
7,
SECTION 01300
SUBMITTALS
PART 1 -GENERAL
�1
1.01 REQUIREMENTS INCLUDED
A. Procedures.
B. Shop Drawings.
C. Product Data.
D. Manufacturer's Instructions and Certificates.
E. Samples.
F. -Existing Equipment and Materials.
G. Written Guarantee.
1.02 RELATED REQUIREMENTS
A. Section 01600 - Material and Equipment: Contractor's list of
Products.
B. Section of 01700- Contract Closeout.
1.03 PROCEDURES
A. Deliver submittals to Architect at address listed under item 10 of
Section 00050; Information to Bidders.
B. Transmit each item under Architect -accepted form. Identify pertinent
Drawing sheet and detail number, and Specification Section
number, as appropriate. Identify deviations from Contract
Documents. Provide space for Contractor and Architect /Engineer
review stamps.
C. After Architect review of submittal, revise and resubmit as required,
identifying changes made since 'previous submittal.
D. Distribute copies of reviewed submittals to concerned persons.
Instruct recipients to promptly report any inability to comply with
provisions.
1.04 SHOP DRAWINGS
A. Submit either 2 reproduceable drawings or 4 copies of opaques.
1.05 PRODUCT DATA
A. Mark each copy to identify applicable products, models, options, and
other data; supplement manufacturers' standard data to provide
information unique to the Work.
B. Submit the number of copies which Contractor requires, plus two
copies which will be retained by Architect.
01300
1
i
1.06 MANUFACTURER'S INSTRUCTIONS
A. When required in individual specification section, submit
manufacturer's printed instructions for delivery, storage, assembly,
installation start-up, adjusting, and finishing, in quantities specified
for product data.
1.07 SAMPLES
A. Submit full range of manufacturer's standard colors, textures, and
patterns for Architect's selection. Submit samples for
selection of finishes within fifteen days after date of Contract.
B. Submit samples to illustrate functional characteristics of the product ,
with integral parts and attachment devices. Coordinate submittal of
different categories for interfacing work.
C. Include identification on each sample, giving full information.
D. Submit the number specified in respective specification section; one
will be retained by Architect. Reviewed samples which
may be used in the Work are indicated in the Specification Section.
1.08 EXISTING EQUIPMENT AND MATERIALS
A. Owner shall retain possession of existing equipment or materials that
are being replaced with new, unless Contractor is otherwise notified.
B. Said material and equipment shall be stored within secured area by
Contractor and removed from site by Owner.
1.09 WRITTEN GUARANTEE
In addition to the requirement of the General Conditions, the
contractor, prior to release of final payment shall submit to the Owner
on a form approved by the Owner and the Architect , a written
guarantee for materials and equipment for a one-year period.
(1) Where guarantees for periods beyond one year from the date
of final acceptance of the work are required, on your letterhead use
the following format:
GUARANTEE FOR
We hearby guarantee that the
(work done) which we have installed on the (Project Name)
has been done in accordance with the drawings and specifications,
and that the work as installed will fulfill the requirements of the
Guarantee included in the Specifications. We agree to repair or
replace any or all of our work, together with any other adjacent work
which may be displaced by doing so, that may prove to be
defective in its workmanship or material within a period of
(—� year(s).
END OF SECTION
01300
2
SECTION 01400
QUALITY CONTROL
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A.
General Quality Control
B.
Workmanship.
C.
Manufacturer's Instructions.
D.
Manufacturer's Certificates.
E.
Mockups.
F.
Manufacturers' Field Services.
G.
Testing Laboratory Services.
1.02 RELATED REQUIREMENTS
A. Section 01300 Submittals: Product Data, and Samples:
!^' Submittal of Manufacturer's Instructions.
1.03 QUALITY CONTROL, GENERAL
r
r. A. Maintain quality control over suppliers, manufacturer's, products,
services, site conditions, and workmanship, to produce work of
specified quality.
I'
1.04 WORKMANSHIP
A. Comply with industry standardsexcept when more restrictive
tolerances or specified requirements indicate more rigid standards
or more precise workmanship.
B. Perform work by persons qulified to produce workmanship of
specified quality.
C. Secure products in place with positive anchorage devices
designed and sized to withstand stresses, vibration, and racking.
1.05 MANUFACTURER'S INSTRUCTIONS
A. Comply with instructions in full detail, including each step in
sequence. Should instructions conflict with Contract Documents,
request clarification from Architect before proceeding.
1.06 MANUFACTURER'S CERTIFICATES
A. When required by individual Specifications Section, submit
manufacturer's certificate, in duplicate, that products meet or
exceed specified requirements.
r
01400
1
1.07 MOCKUPS
A. When required by individual Specifications Section, erect
complete, full-scale mockup of assembly at Project site. Tests will
be performed in accordance with Section 01400. Remove mockup
at completion, when approved by Architect.
1.08 MANUFACTURER'S FIELD SERVICES
A. When specified in respective Specification Sections, require
supplier to provide qualified personnel to observe field conditions,
conditions of surfaces and installation, quality of workmanship,
start-up of equipment, test, adjust and balance of equipment as
applicable, and to make appropriate recommendations.
B. Representative shall submit written report to Architect listing
observations and recommendations.
1.09 TESTING LABORATORY SERVICES
A. Contractor shall pay from Allowance: specified in Section 01005 for
services of an Independent Testing Laboratory to perform
inspections, tests, and other services required by individual
Specification Sections.
B. Services will be performed in accordance with requirements of
governing authorities and with specified standards.
C. Reports will be submitted to Architect in duplicate giving
observations and results of tests, indicating compliance or non-
compliance with specified standards and with Contract
Documents.
D. Contractor shall cooperate with Testing Laboratory personnel;
.furnish tools, samples of materials, design mix, equipment, storage
and assistance as requested.
1. Notify Architect and Testing Laboratory 24 hours
prior to expected time for operations requiring testing services.
2. Make arrangements with Testing Laboratory and pay for
additional samples and tests for Contractor's convenience.
END OF SECTION
01400.
2
01600
SECTION 01600
MATERIAL AND EQUIPMENT
PART1
GENERAL
1.01
REQUIREMENTS
INCLUDED
A.
Products.
B.
Transportation and Handling.
C.
Storage and Protection.
D.
Product Options.
E.
Products List.
F.
Substitutions.
G.
Systems Demonstrations.
H.
Existing Materials and Equipment.
1.02
RELATED REQUIREMENTS
A.
Section 01700 -
1. Contract Close -Out: Operation and maintenance data.
2. Section 01700 - Warranties and Bonds.
3. Section 01700 - Spare Parts and Maintenance Materials.
1.03
PRODUCTS
A.
Products include material, equipment, and systems.
B.
Comply with Specification and referenced standards as minimum
requirements.
C.
Components required to be supplied in quantity within a
Specification section shall be the same, and shall be
interchangeable.
D.
Do not use materials and equipment removed from existing
structure, except as specifically required, or allowed, by Contract
Documents.
1.04
TRANSPORTATION AND HANDLING
A.
Transport products by methods to avoid product damage; deliver in
undamaged condition in manufacturer's unopened containers or
packaging, dry.
B.
Provide equipment and personnel to handle products by methods to
prevent soiling or damage.
01600
C. Promptly inspect shipments to assure that products comply with
requirements, quantities are correct, and products are undamaged.
D. Receipt of Deliveries to site shall be by Contractor's personnel.
Owner's personnel shall not receive deliveries to the site.
1.05 STORAGE AND PROTECTION
A. Store products in accordance with manufacturer's instructions, with
seals and labels intact and legible. Store sensitive products in
weather -tight enclosures; maintain within temperature and humidity
ranges required by manufacturer's instructions.
B. For exterior storage of fabricated products, place on sloped supports
above ground. Cover products subject to deterioration with
impervious sheet covering; provide ventilation to avoid
condensation.
C. Store loose granular materials on solid surfaces in a well -drained
area; prevent mixing with foreign matter.
D. Arrange storage to provide access for inspection. Periodically
inspect to assure products are undamaged, and are maintained
under required conditions.
1.06 PRODUCT OPTIONS
A. Products Specified by Reference Standards or by Description ony:
Any product meeting those standards.
B. Products Specified by Naming One or More Manufacturer's with a
Provision for Substitutions: Submit a request for substitution for any
manufacturer not specifically named.
C. Products Specified by Naming Several Manufacturer's: Products of
named manufacturers meeting specifications: No options, no
substitutions allowed.
1.07 PRODUCTS LIST
A. Within (7) seven days after date established to Notice to Proceed,
submit complete list of major products proposed for use, with name
of manufacturer, trade name, and modl number of each product.
1.08 SUBSTITUTIONS
A. Only within (15) fifteen days after date established in Notice to
Proceed will Construction Manager consider requests from
Contractor for substitutions. Subsequently, substitutions will be
01600
17
r"
considered only when a product becomes unavailable due to no
fault of Contractor.
B. Document each request with complete data substantiating
compliance of proposed substitution with Contract Documents.
C. Request constitutes a representation that Contractor:
1. Has investigated proposed product and determined that it meets
or exceeds, in all respects, specified product.
2. Will provide the same warranty for substitution as for specified
product.
3. Will coordinate installation and make other changes which may
be required for work to be complete in all respects.
4. Waives claims for additional costs which may subsequently
become apparent.
D. Substitutions will no be considered when they are indicated or
implied on shop drawing or product data submittal without separate
written request, or when acceptance will require substantial revision
of Contract Documents.
E. Construction Manager will determine acceptability of proposed
substitutuion, and will notify Contractor of acceptance or rejection in
writing within a reasonable time.
F. Only one request for substitution will be considered for each
product. When substitution is not accepted, provide specified
product.
1.09 SYSTEMS DEMONSTRATION
A. Prior to sinal inspection, demonstrate operation of each system to
Construction Manager and Owner.
B. Instruct Owners personnel in operation, adjustment, and
maintenance of equipment and systems, using the operation and
maintenance data as the basis of instruction.
1.10 EXISTING EQUIPMENT AND MATERIALS
A. Owner shall retain possession of existing equipment or materials
that are being replaced with new, unless Contractor is otherwise
notified.
B. Said material and equipment shall be stored within secured area by
Contractor and removed from site by Owner.
END OF SECTION
01600
No Text
SECTION 01700
CONTRACT CLOSEOUT
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Closeout Procedures.
B. Final Cleaning.
C. Project Record Documents.
D. Operation and Maintenance Data.
E. Warranties and Bonds.
F. Spare Parts and Maintenance Materials.
1.02 RELATED REQUIREMENTS
A. General Conditions: Fiscal provisions, legal submittals, and other
administrative requirements.
1.03 CLOSEOUT PROCEDURES
A. Comply with procedures stated In General Conditions of the contract
for issuance of Certificate of Substantial Completion.
B. When Contractor considers Work has reached final completion,submit
written certification that Contract Documents have been reviewed,
Work has been inspected,; and that Work is complete in accordance
with Contract Documents and ready for Construction Manager's or
Architect inspection.
01700
1
f
C. In addition to submittals required by the conditions of the Contract,
provide submittals required by governing authorities, .and submit a
fi
final statement of accounting giving total adjusted Contract Sum,
('
previous payments, and sum remaining due..
�-
D. Construction Manager or Archictect will issue a final Change Order
"
reflecting approved adjustments to Contract Sum not previously made
by Change Order.
1.04 FINAL CLEANING
A. Execute prior to final inspection.
B. Clean interior and exterior surfaces exposed to view; remove
temporary labels, stains and foreign substances, polish transparent
r
and glossy surfaces, vacuum carpeted and soft surfaces. Clean
equipment and fixtures to a sanitary condition, clean or replace filters
01700
1
f
of mechanical equipment. Clean roofs, gutters, downspouts, and
drainage systems.
C. Clean site; sweep paved areas, rake clean other surfaces.
D. Remove waste and surplus materials, rubbish, and construction
facilities from the Project and from the site.
1.05 PROJECT RECORD DOCUMENTS
A. Store documents separate from those used for construction.
B. Keep document current; do not permanently conceal any work until
required information has been recorded.
C. At Contract closeout, submit documents with transmittal let
containing date, Project, title, Contractor's name and address, list of
documents, and signature of Contractor.
1.06 OPERATION AND MAINTENANCE DATA
A. Submit two sets prior to final inspection, bound in 8-1/2 x 11 inch
three-ring side, binders with durable plastic covers.
1.07 WARRANTIES AND BONDS
A. Provide duplicate, notarized copies. Execute Contractor's submittals
and assemble documents executed by subcontractors, suppliers, and
manufacturers. Provide table of contents and assemble in a binder
with durable plastic cover.
B. Submit material prior to final application for payment. For equipment
put into use with Owner's permission during construction, submit
within,l0 (ten) days after first operation. For items of Work delayed
materially beyond Date of Substantial Completion, provide
updated submittal within ten days after acceptance, listing date of
acceptance as start of warranty period.
1.08 SPARE PARTS AND MAINTENANCE MATERIALS i
A. Provide products, spare parts, and maintenance materials in quantities
specified in each Section, in addition to that used for construction of
Work. Coordinate with Owner, deliver, to Project site and obtain
receipt prior to final payment.
END OF SECTION
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SECTION 09210
GYPSUM PLASTER
PART 1 GENERAL
1.01 WORK INCLUDED
A. Removal of Existing damaged and loose plaster and weakened or rusted
metal lath.
B. Hardwall Plaster system.
C. Metal furring and lath.
D. Sand textured surface finish.
E. Appropriate scaffolding for project.
1.02 RELATED WORK
A. Section 09900 - Painting: Preparation to receive paint finish.
B. Section 00100 - Proposal: Unit Prices for additions or deletions to / from
work.
1.03 REFERENCES
A. ASTM C28 - Gypsum Plaster.
B. ASTM C 842 - Application of Interior Gypsum Plaster.
C. ASTM C631 - Bonding Compounds for Interior Plastering.
1.04 SUBMITTALS
A. Submit shop drawings of acoustical ceiling system under provisions of
Section 01300.
1.05 QUALITY ASSURANCE
A. Applicator: Company specializing in application of gypsum plaster
work with 10 years documented experience.
PART 2 PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. USG
B. Gold Bond
C. Substitutions: Under provisions of Section 01600.
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2.02 GYPSUM PLASTER BASECOAT MATERIAL
A. Type and Manufacturer: Two -Way Hardwall Gypsum Plaster as
manufactured by Gold Bond, conforming to ASTM C28.
B. Mineral composition of plaster will not support combustion.
2.03 FINISHING PLASTER
A. Guaging Piaster; (Super - White) as manufactured by Gold Bond.
2.04 METAL LATH
A. Small Diamond Mesh Lath; 3.4 lbs / square yard; prime painted.
2.05 PLASTER MIX
A. Mix and proportion plaster in accordance with manufacturer's
instructions.
PART 3 EXECUTION
3.01 PREPARATION OF IMMEDIATE WORK AREA
A. Protection of existing surfaces and furnishings shall be completed prior to
start of any work, (demolition or plaster).,
B. Scaffolding shall be installed to provide safe working conditions in
accordance with City, State and Federal Regulations.
C. Protect all existing surfaces from falling materials during demolition or
removal processes.
3.02 DEMOLITION
A. Remove damaged, loose or weakened plaster from the designated
areas.
B. Remove area to the point where both lath and plaster are securely rigid.
C. Removal shall be made by an experienced plasterer; not a laborer.
D. Clean edges of remaining plaster of all loose material prior to bonding.
E. Remove and replace damaged, stretched or rusted lath.
3.03 LATH INSTALLATION
A. Apply metal lath taut to metal supports using tie wire at maximum 6
inches on center.
B. Lap ends and sides 1-1/2 inches minimum.
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3.04 PLASTER INSTALLATION
A. Three Coat Method over Metal Lath
1. Apply first (scratch) coat, key well to lath, cover well, scratch to a
rough surface.
2. Apply second (brown) coat after scratch coat has set hard, bring
plaster out to grounds, straighten to true surface and rod. Leave rough to
receive third (finish) coat.
3. Finish Coats: Hand sand float - lay on to base with trowel, hand
float to a sand finish to match existing.
END OF SECTION
09210
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it
SECTION 09900
PAINTING
PART1 GENERAL
1.01 WORK INCLUDED
A. Prepare surfaces which are to receive finish.
B. Protect adjacent surfaces and finishes with drops, masking, etc.
C. Paint plaster ceiling in Auditorium and under Balcony.
D. Appropriate Scaffolding.
1.02 RELATED WORK
A. Section 09210 - Gypsum Plaster: surface preparation.
B. Section 00100 - Proposal: Unit Prices for addition or Reduction of
painting.
1.03 SUBMITTALS
A. Identify each samples as to finish, formula, color name and number,
n and sheen name, and gloss units.
j B. Colors to be selected by Construction Manager or Architect prior to
commencement of work.
1.04 DELIVERY, STORAGE AND HANDLING
A. Deliver paint materials under provisions of Section 01600 in sealed
original labeled containers, bearing manufacturer's name, type of
paint, brand name, color designation and instructions for mixing'
and/or reducing.
B. Provide adequate storage facilities. Store paint materials at
minimum ambient temperature of 45 degrees F in well ventilated
area.
C. Take precautionary measures to prevent fire hazards and
spontaneous combustions.
1.05 ENVIRONMENTAL REQUIREMENTS
A. Ensure surface temperatures or the surrounding air temperature is
above 40 degrees F before applying finishes. Minimum application
temperature for latex paints for interior work is 45 degrees F and 50
degrees F for exterior work.
B. Provide adequate continuous ventilation and sufficient heating
facilities to maintain temperatures above 45 degrees F for 24 hours
before, during and 48 hours after application of finishes.
s,
ii
09900
1
C. Provide minimum 25 foot candles of lighting on surfaces to be
finished.
1.06 EXTRA STOCK
A. Leave on premises, where directed by Architect or Construction
Manager not less than one of each color used.
B. Containers to be tightly sealed and clearly labelled for identification.
PART 2 PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Pittsburgh Paints
B. Kelly -Moore Paints
C. Substitutions: Under provisions of Section 01600.
2.02 MATERIALS,
A. Paint: Type and brand listed herein or equivalent products
manufactured by Kelly -Moore, approved by Construction Manager.
PART 3 EXECUTION
3.01 INSPECTION
A. Thoroughly examine surfaces scheduled to be painted prior to
commencement of work. Report in writing to Construction Manager
or Architect, any condition that may potentially affect proper
application. Do not commence until such defects have been
corrected.
B. Correct defects and deficiencies in surfaces which may adversely
affect work of this Section.
3.02 PROTECTION
A. Adequately protect other, surfaces from paint and damage. Repair
damage as a result of inadequate or unsuitable protection.
B. Furnish sufficient drop cloths, shields and protective equipment to
prevent spray or droppings from fouling surfaces not being painted
and in particular, surfaces within storage and preparation area.
C. Place cotton waste, cloths and material which may constitute a fire
hazard in closed metal containers and remove daily from site.
D. Remove electrical plates, surface hardware, fittings and fastenings,
prior to painting operations. These items are to be carefully stored,
cleaned and replaced on completion of work in each area. Do not use
solvent to clean hardware that may remove permanent lacquer finish.
3.03 PREPARATION
09900
2
7
A. Remove mildew, by scrubbing with solution of tri -sodium phosphate
and bleach. Rinse with clean water and allow surface to dry
completely.
B. Remove surface contamination and oils from primed surfaces and
wash with solvent.
C. Remove grease, rust, scale, dirt and dust from steel and iron
surfaces. Ensure steel surfaces are satisfactory before paint
finishing.
D. Clean unprimed steel surfaces by washing with solvent. Apply a
treatment of phosphoric acid solution, ensuring weld joints, bolts and
nuts are similarly cleaned. Prime surfaces to indicate defects, if any.
Paint after defects have been remedied.
E. Sand and scrape shop primed steel surfaces to remove loose primer
and rust. Feather out edges to make touch-up patches
inconspicuous. Clean surfaces with solvent. Prime bare steel
surfaces.
3.04 APPLICATIONS
A. Apply each coat at proper consistency.
B. Each coat of paint is to be slightly darker than preceding coat unless
otherwise approved by Construction Manager or Architect.
C. Sand lightly between coats to achieve required finish.
D. Do not apply finishes on surfaces that are not sufficiently dry.
E. Allow each coat of finish to dry before following coat is applied,
unless directed otherwise by manufacturer.
3.05 CLEANING
A As work proceeds and upon completion, promptly remove paint
where spilled, splashed, or spattered.
B. During progress of work keep premises free from any unnecessary
accumulation of tools, equipment, surplus material, and debris.
C. Upon completion of work, leave premises neat and clean, to the
satisfaction of Construction Manager or Architect.
f 3.06 PAINTING AND FINISHING SCHEDULE (Kelly -Moore Designations;
substitutions allowed according to Section 01600.)
A. Over New Plaster:
1. Apply 1 coat Spot Primer - #970 Acry-Plex Vinyl Wall Sealer
2. Apply 1 coat Paso Surface Conditioner
3. Apply two coats Synthetic Eggshell Enamel #1245 Acry-Velvet
l Acrylic Low Sheen by Kelly -Moore Products or approved equal.
B. Over Existing Plaster:
1. Apply 1 coat Paso Surface Conditioner
2. Apply two coats Synthetic Eggshell Enamel #1245 Acry-Velvet
Acrylic Low Sheen by Kelly -Moore Products or approved equal.
c� 09900
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SPECIAL CONDITIONS
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A
City of Lubbock
P.O. Box 2000
Lubbock. Texas 79457
606-767-2167
Pharr Construction Co., Inc.
P.O. Box 2791
Lubbock, TX 79408
June 29, 1992
SUBJECT: Paint/Plaster Repair @ Lubbock Municipal Auditorium
Office of
Purchasing
The City of Lubbock, having considered the proposals submitted and
opened on the 11th day of June, 1992, for work to be done and materials
to be furnished in and for:
City of Lubbock Bid # 12030
PAINT/PLASTER REPAIR @ LUBBOCK MUNICIPAL AUDITORIUM
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,
i•• please take notice that said proposal was accepted by the City Council
t of the City of Lubbock on the June 25, 1992, at the bid price contained
therein, subject to the execution of and furnishing of all other
documents specified and required to be executed and furnished 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 (5%) 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.
AeneEa
UBBOCK
, C.P.M.
Purchasing Manager