HomeMy WebLinkAboutResolution - 3764 - Contract - Trans Texas Tennis Inc - Court Renovations. Best Scan Possible - 11/21/1991Resolution #3764
November 21, 1991
Item #14
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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 by and
between the City of Lubbock and Trans Texas Tennis, Inc. for Tennis Center
court renovations, 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 21st day of November
ATTEST:
Kanette boyo, city secretary
RPPROVED TO CONTENT:
ene EaM Purchasing Manager
APPROVED AS TO FORM:
1991.
CITY OF LUBBOCJ�
Lubbock, Texas �3
6.
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: TENNIS COURT RENOVATIONS
ADDRESS: 66TH STREET & GARY AVENUE
BID NUMBER: 11651
PROJECT NUMBER: 1421-553107-9601
CONTRACT PREPARED BY: Purchasing Department
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INDEX
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NOTICETO BIDDERS..........................................................................................3
GENERALINSTRUCTIONS TO BIDDERS............................................................................5
BIDPROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
PAYMENTBOND..............................................................................................14
PERFORMANCEBOND..........................................................................................17
CERTIFICATEOF INSURANCE..................................................................................20
CONTRACT..................................................................................................22
GENERALCONDITIONS OF THE AGREEMENT.......................................................................24
CURRENTWAGE DETERMINATIONS...............................................................................42
SPECIFICATIONS............................................................................................43
SPECIALCONDITIONS........................................................................................44
NOTICEOF ACCEPTANCE......................................................................................45
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID # 11651
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 8th day of November. 1991, or as changed by the issuance of format addenda to all
planholders, to furnish all labor and materials and perform all work for the construction of the following
described project:
TENNIS COURT RENOVATIONS
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.
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 21st day of November. 1991, at Municipal Bldg.,
QPM 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 $25,000.00. Said statutory bonds should
be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is
a factor that will be considered in determination of the lowest respons-ible 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 of 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 5159x, 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.
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The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and wilt 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 Ist day of November. 1991. at 10:00 o'clock a.m., Personnel
Conference Room #108, Municipal Building, 1625 13th Street.
CITY OF LUBBOCK
BY: Gene Eads, C.P.M.
Purchasing Manager
ADVERTISEMENT FOR BIDS
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BID 9 11651
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, Room L-04, Lubbock,
Texas, 79401 until 2:00 o'clock P.m. on the 8th day of November. 1991. 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:
TENNIS COURT RENOVATIONS
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
Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's
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 wilt be a prebid conference on 1st day of November, 1991, at 10:00 o'clock a.m., Personnel
Conference Room 108, Municipal Building, 1625 13th Street.
BY: Gene E , C.P.M.
PURCHASING 9ANAGER
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1.
SCOPE OF WORK
The work to be done under the contract documents shalt consist of the following:
The reconstruction of championship tennis courts at the Municipal Tennis Center for the City of Lubbock.
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 shalt be done in accordance with contract documents described in the Gen-
eral Conditions.
All bidders shalt 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 alt work
contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a
bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as
noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 120 (ONE HUNDRED TWENTY)
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
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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T. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade
will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail
will not relieve the Contractor of full responsibility for providing materials of high quality and for 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 shall furnish to the Owner, a
written general guarantee which shalt provide that the Contractor shall remedy any defects in the work, and
pay for any and ell 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
rectty 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 ma-
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
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It shalt be the Contractor's responsibility to prosecute the work
4 pons y p contemplated by the contract documents in
such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility tines,
conduits or other underground structures which might or could be damaged by Contractor during the construc-
tion 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-
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, lights and danger sig -
"M" nals, and shalt 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
tights to protect it, and when damage is incurred, the damaged portion shall 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 tights shall not cease until the date of issuance to Contractor of City's certificate of
j~ acceptance of the project.
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14. EXPLOSIVES
A
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
shalt assume full responsibility for all damage which may occur as a direct or indirect result of the blast -
Ing. In addition, in all cases where explosives are authorized to be used, the Contractor shalt 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 sit 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 havinig structures (above or
below the ground) In proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem
�... necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of
responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time that the
work contemplated by this contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required
in the General Conditions of the contract documents, from an underwriter authorized to do business in the
'.. State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written
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notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or
change. All policies shall contain an agreement on the part of the insurer waiving the right to 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, shalt be accompanied by a
statement from the Contractor to the effect that no work on this particular project shalt 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, Vernons 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 Owners 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 Ownerls Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition
so that it is no longer dangerous to property or life.
1s. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shalt 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 Owners
Representative, or Engineer, a certified, sworn, Legible copy of such payroll. This shall contain the name
of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The
affidavit shalt 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 shall 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 shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes
to do the work contemplated or furnish the materials required. Such prices shalt 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 shalt govern. If the proposal is submitted by an indi-
�.. viduat, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm,
association, or partnership, the name and address of each member must be given and the proposal signed by a
` member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by
a company or corporation, the company or corporate name and business address, must be given, and the proposal
j~ 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 COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall 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.
(0) 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
r+ incorporated by reference into the aforementioned contract documents.
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POW
810 PROPOSAL
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BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
PLACE L��i'��/Vt/V "`-� — CQ IGJ ^'V` -'C•
DATE 1
PROJECT NO. _ISLa I -- 5 3 /a 7` 96 o
Proposal of I Q l t N S TEYJ00
a hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a ,
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re-
lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing the construction of the proposed project including the availability of materials and labor, hereby proposes to
.furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions and contract documents, within the time set forth therein and at the price stated below. The price to cover
alt expenses incurred in performing the work required under the contract documents, of which this proposal is to be
a part, is as follows:
MATERIALS:
S _'"--f )x111 `lli t l l l l l grrIt,
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SERVICES: ... S O � � �� rl'`:.:�� 1,,• ���i
TOTAL BID:
(Re va of COUhs 1 and 2)
ADD ADDITIONAL ALTERNATES:
ALTERNATE #1:— � r
(Renovation o0 Court 3)
ALTERNATE 92: 600
h
(Replacement of all wer chain-link fence material on Courts 1 and 2)
ALTERNATE #3: moll
(! —7 �l✓
(Replacement of all lower chain link fe a materia on Court 3) )
ALTERNATE #4: i� O
(Replacement of all Vchna' link fe materia. 1111
l on Court 1 and 2)
ALTERNATE #5: do
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(Replacement of all chain link fence ma rial on Court 3) f4L(S-�f
Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
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BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
PLACE L��i'��/Vt/V "`-� — CQ IGJ ^'V` -'C•
DATE 1
PROJECT NO. _ISLa I -- 5 3 /a 7` 96 o
Proposal of I Q l t N S TEYJ00
a hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a ,
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re-
lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing the construction of the proposed project including the availability of materials and labor, hereby proposes to
.furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions and contract documents, within the time set forth therein and at the price stated below. The price to cover
alt expenses incurred in performing the work required under the contract documents, of which this proposal is to be
a part, is as follows:
MATERIALS:
S _'"--f )x111 `lli t l l l l l grrIt,
r
SERVICES: ... S O � � �� rl'`:.:�� 1,,• ���i
TOTAL BID:
(Re va of COUhs 1 and 2)
ADD ADDITIONAL ALTERNATES:
ALTERNATE #1:— � r
(Renovation o0 Court 3)
ALTERNATE 92: 600
h
(Replacement of all wer chain-link fence material on Courts 1 and 2)
ALTERNATE #3: moll
(! —7 �l✓
(Replacement of all lower chain link fe a materia on Court 3) )
ALTERNATE #4: i� O
(Replacement of all Vchna' link fe materia. 1111
l on Court 1 and 2)
ALTERNATE #5: do
AAdfifi-
(Replacement of all chain link fence ma rial on Court 3) f4L(S-�f
Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
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Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY)
consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder
hereby further agrees to pay to Owner as liquidated damages the sum of 5100.00 (One Hundred dollars) for each
consecutive.caleridar day in excess of the time set forth hereinabove for completion of this project, all as more
fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in-
struction number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to wai
the bidding. ve any formality in
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar
days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined
the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date specified in the written notice to proceed, and to substantially complete the
work on which he has bid; as provided in the contract documents.
Enclosed with this proposal is a Cashiers Check ��o.rCertified k for
Dollars (f ) or a Proposal Bond in the sun of off Dollars (S57�
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is k
accepted by.the Owner and the undersigned fails to execute the necessary contract documents and the required bond
(if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract .to be executed by Bidder shall be bound and include all con-
tr`jq;v VC*.wA;s made available to him for his inspection in accordance with the Notice to Bidders.
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(Sekliffral'er is a'Corporation.)
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PM LIST OF SUBCONTRACTORS
This form shalt be comoteted and subnitted with the Bidders Pr000sat
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Minority Owned
Yes No
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AMWEST SURETY
INSURANCE COMPANY
WOODLAND HILLS, CALIFORNIA
BOND NO.: 3031668
PREMIUM: BBSU
BID DATE: NOVEMBER 8, 1991
PUBLIC WORKS BID BOND
Know all men by these presents:
That we, TRANS TEXAS TENNIS, INC.
(hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety),
organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of
r� TEXAS , as Surety, are held and firmly bound unto
CITY OF LUBBOCK
(hereinafter called Obligee) in the penal sum of FIVE percent ( 5 %) of the bid amount, but in no event to exceed
FIVE THOUSAND DOLLARS AND NO/100* * * * * * * * * * * * * _ Dollars ($ 5,000 -00* * * I
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,'that, whereas the Principal has
submitted or is about to submit a proposal to the Obligee on a contract for ALTERATION AND RENOVATION OF
TENNIS COURTS
NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered
into the contract in writing, and provided a bond, with surety acceptable to the Obligee for the faithful performance of the contract; or
if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in
the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the
bid, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED AND DATED THIS 7TH DAY OF NOVEMBER 19 91
TRANS TEXAS TENNIS, INC
(Print or type name of-qo? A.— P 'ncip
tr INStJq hcF� By:
(Signature of Principal)
�QRYOgr�O
AMWEST SURETY INSURANCE COMPANY
By:
BARBARA A. MEYER, omey-in-Fact
7 A UN -A3017 (3190) ft
- ------------
IND NUMBER
POWER NUMBER
031668 8
009061,0
- - -- - - - - - - -
NOT YAC hD FO
BONDS
3 EXECUTED .:ON -OR '__,'mAFTE
This document is printed on multi -colored security paper with black and red ink, with border in blue ink d bears the raised is
'seal -�7461 of Amwist Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are Valid.
'This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be.....
:=used in'conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney,
be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of att _t "A
used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect.-,
.,KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California 21
corporation (the "Company"), does hereby make, constitute and appoint:
-BARBARA'A.- MEYER
AS AN EMPY YEE - OF.-.,kMWE S. SURITY IN$UR�NCE, CCMP
v u ANY
-its true and law ul At-tomey-m-Fact, wil linute power and authority for and onehalf of the Company as surety,
to execute, deliver and affix the seal of the Company thereto if a seal is required. on bonds,. undertakings,
'recognizances or other --Written obligations in the nature thereof as follows:
Bid Bo'hds :up" to $**IP000,F000 .00
C C
Contra to," oUrt,& Subdivision Bonds up to $**1,000,000.00
ticease -9 -Permit :Bonds up to $**1,000,000.00
Mi sc'e't'tan4e'o7'us'-,,*6onds --up'- to $**1,000,000.00
_Small Business Administration Guaranteed Sonds"up to_'$**1,r250,000.00
and to -bind theompany'ibeiiebyy authority of the By-
., This appointment is made under and b'
CLaws of the
ompany, which are now in full force and effect.
CERTIFICATE
.1, the undersigned secretary of Amwest Surety Insurance Company, a California corporati6h,----
_DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked
and "furthermore,
that 'the resolutions of the Board -of Directors set forth on the reverse, and that the relevant
...,provisions of the By-Lawi of the 'Company, are now in full force and effect.
Signed and sealed at HOUSTON, TX this 7TH day of NOVEMBER
1991.
Karen C 0000090610 83
aren G. Cohen, Secretary
F0 ED III III III R
[Ttj
:>
1-i t,�_020'6-
Resolutions of the Board of Directors J
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the
Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975: _
RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary,
may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment
in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds,
undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-
fact or agent and revoke any power of attorney previously granted to such person. _
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding
upon the Company:
(f) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any
Secretary or Assistant Secretary; or
(ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned
and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or _
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant
to and within the limits of the authority evidenced by the power of attorney issued by the Company to
such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by '
facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the
same force and effect as though manually affixed.
IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and
its corporate seal to be hereunto affixed this 1st day of December, 1990.
N S U
�J wMAYR9��o o
797b Z
bc9CIFO?* r�.� John E. SavaS e, resident
Karen G. Cohen, Secretary
r r
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES-
On
NGELESOn this 1st day of December, 1990, personally came before me John E. Savage and Karen G. Cohen, to me known to be the
individuals and officers of Amwest Surety Insurance Company, who executed the above instrument, and they have acknowledged the
execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid
and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation.
OWZ SEA!
ANA B. ZAMUDIO-SOLIS
Notary Public-CoHom1a
PRINCIPAL OFFICE IN
May ANGELES �� ,(�
Octobor 22. 1993 "�
Ana B. nudio-Solis, Notary Public
Restrictions and Endorsements 0*9-0004
t 1 I
IN
PAYMENT BOND
r
k
K .
1
4
l ,
t
1
I"E
l
i
-14-
(THIS PAGE LEFT BLANK INTENTIONALLY)
s
BOND # Imo'
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS PREMIUM $ ! S/d • C"
AS AMENDED BY
'ACTS'OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that v "'c�Ge�Ctt�Y ,�r-,�> (hereinafter called the Principal(s), as
Principal(s), and AMWEST SURETY INSURANCE COMPANY
(hereinafter called the Surety(s), as urety(s), areheldand firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Njktoal L idu�dvi� � e�.vDollars (SIP0,64"I,0o) lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis-
trators, 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 the7Ist day of
to
/ ly C2/6;4!11- l� 2
and said Principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION,OF THIS OBLIGATION IS SUCH, that`if the said Principal shall pay all claimants
supplying labor and material to him or a sub -contractor in the prosecution of the work provided for in said con-
tract, then, this obligation shalt be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were
copied at length herein.
BUND PREMIUM BASED C
j''. FINAL CONTRACT PRICE.
.15-
BOND CHECK
BEST RATING
LICENSED Ip TEXAS
DATER 9 BY -
I
1N WIfiNES§'11HERE0F, the said Principal (a) and Surety (s) have signed and sealed this instrument this
�Z day of 19-1 .
4MWEST SURETY INSURANCE COMPANY
Principal
By:
(Title)
By:
(Title)
By:
(Title)
Surety
*By .�"",A;5&1_ k—/
(Title)
ROUNNE KOHLER
ATTORNEY-IN-FACT
The undersigned surety company represents that it is duty qualified to do business in Texas, and hereby des-
ignateso} ,v.,JCow aM. an agent resident in Lubbock County to whom any requisite notices may be delivered and
on whom service of process may be had in matters arising out of such suretyship.
A -►\&J v�& . # _'L0 t
5881
Approved as to form:
City of Lubbock
By.
City Attorney
4MWEST SURETY INSURANCE COMPANY
Surety
*By:6--^'—�
ROSANNE
ATTORNEY-IN-FACT
*Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
-16-
i1AUifv139q 01408
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as
Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Dollars (S ) lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis-
trators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of
, 19_, to
and said Principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants
supplying labor and material to him or a sub -contractor in the prosecution of the work provided for in said con-
tract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were
copied at length herein.
-15-
I,
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
day of 19_ _
Surety
Principal
*By:
(Title)
By.•
(Title)
By:
(Title)
By:
(Title) -
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des-
ignates an agent resident in -Lubbock County to whom any requisite notices may be delivered and
on whom service of process may be had in matters arising out of such suretyship.
Surety
*By.
(Title)
Approved as to form:
City of Lubbock
By.
City Attorney
*Note: if signed by an officer of the Surety Company there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
-16-
BOND' LIMBI Z P, I k ,I'Ni1A k
1258971 VOID IF NOT USED BY
-57 4-03-92
.....uro.:.,, .>•,... -Fiagxee^es+ax•xrKdrss:. •«.a.,. - c:.;, N� .r.+w s..,�cr+aa�.. ... -.., ..a- c.+as vrax�rw., ,a:,,;snn ..
PRINCIPAL n ,!
PrNAL sum
TRANS TEXAS TENNIS, INC.
$60,619.00*
OBLIGI-1
CITY OF LU:3130CK
Bid Bonds up to $**1,000,000.01
Contract, Court & Subdivision Bonds up to $**1,000,000.00
License P Permit Bonds up to :.� 1,000,000.00
Misceltan!ous Bonds up to $*^I 000,000.00
Smatl 3usiness Administration °u:jranteed Bonds up to $**1,2501000.00
and to h Company thereby. This ippon .Ind:,r and h, authority of tltc in- ;nvs of the
Compan, %vl, it are now in full farce and 61c,
Lai
1, the undersigned secretary of
DO HER- I", : ERTIFY that this Power of Attort
and furtf ,nu -c, that the resolutio,, X11 thcc Bo.,
provision of ; le By -Laws of the Cc nilmtny. are
HOUSTON, TX
WOODLAND HI
>i.' led and sealed
"i I F IC A—1 -E
n��cst '�I_Ircty Insurance Cc, npany, a California orporation.
ii i !n full Iorce and •ffcct and has ro ' ; n rc,. r:rcl
1 '> set 10rih on t �c re%erse, and ;c rt
+I',; force and effect.
LS, CA his 2ND _ da, ui_. DECEMBER ._ __ 1<<- _9.1
0000058664 - 57
E
en
This d:.
„ printed ora multi -c011
mid r d ink. wit 1„.:,anier in blue ill : ,;. ii bta -< th,•
raised
,i uwest Surety Insuram v ompzwy ltl
)nly unaltered o: �;imis A this Po%,cr „' !Lorne% arc
%olid. (
- I';,, - of Attorney is valid s:lcl”, i,, ,:nuicc
11.ii,u; and ciek;- ; of the bond nota'. , h, .1 ane n:,t%'
not he t.
1 ,., ;njunction with am oik-i PoWct of at!
or wan-.: M ics regarding this ,f Auo:
may be
,.ic : any person. This Poi+k i oI Attorney ,.
r '4111C State of California. Any ho��,:: of art,,rn0
used in
• mie. ,on with any bond issucci by the Coral,.
1: ,; L, „, this turn and no other form shall have ioi,,,: or effect.
KNOW ALL MEN BY THESE Pi
1l.', 1 S. t ii; I Aniwcst Surer\ insurance Comp;wn . 11 Caitlnrnia
corporat,
ri tt'; c "Company") does hcrehy make
;1I!1t1tut+. :nd appoint:
ROSANNE
KOHLER
AS AN
EMPLOYEE OF AMWEST SURE1'
INSURANCE CCMP:kNY
its true a,
,1 lav, lul Attorney -in -Fact, with limited l
m(i _,;rwrity brand cn 1-whal(of the Comp;v .as;uret}'"
to execui.,.
iver and affix the seal of the
11 a seal is r- .[tuned on bone.,.
recogniz:
;k c_- .r other written obli ati<nt in th,
Is follows:
Bid Bonds up to $**1,000,000.01
Contract, Court & Subdivision Bonds up to $**1,000,000.00
License P Permit Bonds up to :.� 1,000,000.00
Misceltan!ous Bonds up to $*^I 000,000.00
Smatl 3usiness Administration °u:jranteed Bonds up to $**1,2501000.00
and to h Company thereby. This ippon .Ind:,r and h, authority of tltc in- ;nvs of the
Compan, %vl, it are now in full farce and 61c,
Lai
1, the undersigned secretary of
DO HER- I", : ERTIFY that this Power of Attort
and furtf ,nu -c, that the resolutio,, X11 thcc Bo.,
provision of ; le By -Laws of the Cc nilmtny. are
HOUSTON, TX
WOODLAND HI
>i.' led and sealed
"i I F IC A—1 -E
n��cst '�I_Ircty Insurance Cc, npany, a California orporation.
ii i !n full Iorce and •ffcct and has ro ' ; n rc,. r:rcl
1 '> set 10rih on t �c re%erse, and ;c rt
+I',; force and effect.
LS, CA his 2ND _ da, ui_. DECEMBER ._ __ 1<<- _9.1
0000058664 - 57
E
en
,." .1 bC a �"b R"okitions or ,ht ii , icd of )7irecto"rs + r _ J::
rnim Power : Ai. .cy is signed and sc,1 I' csim�' inf.i by the aulhoritN1 11 1, following r :,nolulIons . . ed by the
Lcord of Directors ! ,il .gest Surety Insuranrc C..mpan• ai n ii duly held on Dec, tuber 15, 1975:
RESCi! i.D. hat the President or ani Vice Presw nt, in conjunction with the Secretary or any Assistant Secretin•,
may appoi : uon ys-in-fact or agents With authority a: defined rr limited in the instrument evidencing the appointment
in each case, for A on behalf of the Co! ipany, to c ecute :ind deliver and affix the seal of the Company to bonds,
undertaking rrcc,,nizances, and suretyshil, obligation_; of :,II hinds; and said officers may remove any such attorn y -in -
fact or agent _u d vole any power of attorney previa, sly granted to such person.
RESO', '.=D ' '.JRTHER, that any blend undertaki, rc o,,.nl_ance, or suretyship oblihation shall 1•c ,a, ' anc irr-,_1mg
upon the
(i) v, ...°n red by the President or any Vice Pr- ,id:int :inn attested and Seale I (if a seal be recuired� by am
. retai or Assistant Secretary; or
(iii} red by the President or any Vice P idrat or Secretary or Assistant Secretary, and muni-rsigr, '.
-C,1 _d (if a seal be required' by a duly uttl,ori_cd attorney-in-fact or agent; or
ri c ly executed and scaled (I1' a seal be ,. iuirccl) b�_ one or more attorneys -in -fact or a�,,nls r+ursu.in!
IN WITNES_ •,\'IlREOF, Amwest Surety Irizurance C(. ipany has caused these presents to be signed by its props: , ]]leers, and
its corporate se, -a reunto affixed this 1st ,lay of Deco_ ib;, I11J,')o
Ind ]thin the limits of the authority
evi;
by the power of attorney issued by the Company to
Lr
r, ion or persons.
RE
f\THER, that the 1 :i,
i e o an
i! ]ricer and the se: of r; Compan n I,ciIV
f r�:rrnilc .
r of attorney or
the L'<cC tion a. , dcli cr of a:r, r.I-.
_rni=:
r surety hip ahs ,.
! :lie
_: .uch-igna;ute : id n, alien so _... ,ii; _ ;,c
as though m::rriv
c1.
IN WITNES_ •,\'IlREOF, Amwest Surety Irizurance C(. ipany has caused these presents to be signed by its props: , ]]leers, and
its corporate se, -a reunto affixed this 1st ,lay of Deco_ ib;, I11J,')o
STATE OF CALIF,.)RNI.,, COUNTY OF LOS AN6ELES
d:n ,.Igc, resident Kar,:,, G. >ccretary
On this 1st I,y of December, 1990, personally came In. fore nIc John E. Savage and Karen G. Cohen, to me kno\yn to be the
indiV ideals and ol" rs Amwest Surety Insur.m e Compan %%I,o r k -uted the above instrument, and they have acknow l:edged the
e�ecuuon of the being by me duly sworn slid seven,l,, d, �,» . i id say that they are the said officers of the corpor,itior n aforesaid
and that the seal the above insarunicnt the seal of Ic _ , 111on, and that said corpor .te seal and thcir si l as such
officers 1vere del'. and subscribed to the ::id instrun ii authority of the Board c,f Directors of said ccs ^,k � A,n.
OFFICt--,L a,t L
ANA B. ZAN,JD10-S(.7US
„... •
NotaypubL :-CCJf0R*1
PraNCIPX )RICE P+
LOS ANGEL S CCxJKrY
My Convu, rXn Fx" k;
Octobcv 22, I W:
Lr
STATE OF CALIF,.)RNI.,, COUNTY OF LOS AN6ELES
d:n ,.Igc, resident Kar,:,, G. >ccretary
On this 1st I,y of December, 1990, personally came In. fore nIc John E. Savage and Karen G. Cohen, to me kno\yn to be the
indiV ideals and ol" rs Amwest Surety Insur.m e Compan %%I,o r k -uted the above instrument, and they have acknow l:edged the
e�ecuuon of the being by me duly sworn slid seven,l,, d, �,» . i id say that they are the said officers of the corpor,itior n aforesaid
and that the seal the above insarunicnt the seal of Ic _ , 111on, and that said corpor .te seal and thcir si l as such
officers 1vere del'. and subscribed to the ::id instrun ii authority of the Board c,f Directors of said ccs ^,k � A,n.
Ana B ,nuc io-Solis. \O4,ff% Public
Restrictions and Endorsements ='•e«���:b:;s=.,<<. < <y
OFFICt--,L a,t L
ANA B. ZAN,JD10-S(.7US
„... •
NotaypubL :-CCJf0R*1
PraNCIPX )RICE P+
LOS ANGEL S CCxJKrY
My Convu, rXn Fx" k;
Octobcv 22, I W:
-r+ca..vsrvwwt.t..
Ana B ,nuc io-Solis. \O4,ff% Public
Restrictions and Endorsements ='•e«���:b:;s=.,<<. < <y
PERFORMANCE BOND
-17-
(THIS PAGE LEFT BLANK INTENTIONALLY)
BOND # LA S_ ? I .
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 t_
OF THE REVISED CIVIL STATUTES OF TEXAS AS PREMIUM $
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
KNOW All MEN BY THESE PRESENTS, that �_ (hereinafter called the Principal(s), as Principal(s), and
AMWEST SURETY INSURAN F COMPAMM
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the.amount<;9# rl i- ,�K,,,,�� 4x k„Ja, `ilmeLg. Dollars (fjyQ.1kjqj() lawful money of the
United States for the the'
said whereof, the said Principal and Surety bind themselves, and their heirs, administra-
tors, executors, successors and assigns, jointly and severally, firmly by these presents.
WHE EAS, the Principal has entered into a certain written contract with the Obligee, dated thea�11rday of
�_40'v2,J-e, t- , 1911, to
-lew,1 1 6"A c(W/t 4a,,,�
and said principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per-
form the work in accordance with the plans, specifications and contract documents, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said article to the! same extent as if it were
copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
day of , 19-!]j.
AMWEST SURETY INSURANCE COMPA dY
Surety
*By:
(Title) ROSANNE KOHLE{R
ATTOAKEM-FACT
130ND PREMIUM BASED' ON
FINAL CONTRACT PRI:.;E
Princi
8y:
(Title)
By:
(Title)
By:
(Title)
BOND CHECK
BEST RATING X
LICENSED I TEXAS
DATE BY —
•18-
_ ...__... ... _1 k3111
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designatesr,.17? a qt resident in Lubbock County to whom any requisite notices may be delivered and on
whom i;;T i*of process may be had in matters arising out of such suretyship.
4MWEST SURETY INSURANCE COMPANY
$SCO - A *201 Surety
TX Iqqz-3
i. (T.1tle)
Approved as to Form ROSANNE KOHLER
ATTORNEY•IN-FACT
Ci ck
By:
City Attorney
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. if signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
r"" OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
7
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
1,
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Dollars (S ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra-
tors, executors, successors and assigns, jointly and severalty, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of
14_, to
C
i.
and said principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
{ same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per-
form the work in accordance with the plans, specifications and contract documents, them this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on
this bond shalt be determined in accordance with the provisions of said article to the same extent as if it were
copied at length herein.
i
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _
day of , 19_T
Surety Principal
r *By: By:
(Title)
(Title)
roll
f By:
(Title)
By.
(Title)
•18-
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to wham any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship.
Surety
*By:
(Title)
Approved as to Form
City of Lubbock
By:
City Attorney
*Note: if signed by an officer of the Surety Company, there must be on file a certified extract from the by -taws
showing that this person has authority to sign such obligation. if signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
-19-
60ND NUMBER n if F'OW'FR NUMB[
1258971 f? O G 0 5'
'TRANS TEXAS TENNIS
OR OGEE
(7,7 7Y Oi� "B30CK
NOT : USED1�BY
Kawrr.�r nnbx+P3rAe. ,q -s. ^sx+r., �`! :� w rj i"•
6.19.00*
+. t
This documk r,; is punted on•,multi-colored security paper with black and'
raised sealof .-lmwe's`tStirety, Insurance"Company (the "Company")!,.`Ql�'q
�; lid. This Power oEAtiorney �s 'valid sblely in connection with the eXecufid
not be used in conjunction Ali any other power of attorney. No repr4enf 6�
n.ay be madeby any person.`This Power of Attorney is governed by the law:
used in cunneI with any bond issued by the Company must be on `this 1
KNOW ALL. MEN BY THESE PRESENTS. that Am�est� i u
cu:; oration (the `Company"),does hereby make, constitute andfappoin
`ROSANNE KOHLER r w }
-
-AS AN EMPLOYEE OF,AMwEST .SURETY INSURANCE -
its true and lawful Attorne to Fact, with limited power and auth'' Y or;anc
_ to execute, deliver ai'd afftx'the seal of the an Com �
P Y therett 4, sea
rt'cognizances or other written obligations in the nature 1114of'as /foIfow,
`=_Bid Bonds up'�to S*#1.000.000.00''
Contract, Court ,1,"Subdivision Bonds up t6 S*s
License & Permit Bonds up to s**1,COO' (00 ,0 if
'Mis.cettaneous'Bonds up to E**1.000I000, 00
Sm� It Business Administration Guarante'ed,.,Bonc
r�.
and to bind the Company thereby. This appointment is made under and
Company, which ate now in full force and effect.
CERTIFU,ATE
I the undersigned secretary of Amwest Surety lnsurance
DC HEREBY CERTIFY that this Power of Attorne`• remains in full force a
ane furthermore, that• the resolutions of the Board of Directors set forth o
provisions of the By -Laws of the Company, are now in full force and effe
HOUSTON, TX r
' WOODLAND HILLS,CA i
Signed and sealed at p —this 2ND
Karen G Ct,hrr; •;t crei , t
AIS
ue ink and bears the i
'owei'.of. Attorliey're;
noted above -and t' a- r
his Power oC>4ttotriey
my "power of alto ey
1 have force 6r,. ect ,r
rpany, a Caltfortjw
r '
fILL--
ater onds , utiderta ings
U 64.0-k 0 0 v`0 0 4 �'
,AX
i�
1.250.000, 00
aut io TCy "of theBy-Laws .of the
ipanyg=a California corporation
ffccta d ,has not been revoked
revue,: and that -,he relevant
6
,14
of J -,-!DECEMBER 19 91
*� ,04000.58664 = '57
E
w1rr��n Mc
CERTIFICATE OF INSURANCE
-20-
(THIS PAGE LEFT BLANK INTENTIONALLY)
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK
DATE: _
Type of
Lubbock, Texas Project: Rennovation of Tennis
Trans Texas Tennis, Inc. Courts
THIS IS TO CERTIFY THAT Houston, Texas (Name and Address of Insured) is, at the date of 'this certificate, in-
sured by this Company with respect to the business operations hereinafter described, for the types of insurance and
in accordance with the provisions of the standard policies used by this Company, the further hereinafter described.
Exceptions to standard policy noted hereon.
11-26-91
TYPE OF INSURANCE
Umbrella Liability
S
...................................................................................
The foregoing Policies(do) (do not) cover all sub -contractors.
Locations Covered All jobsites
DESCRIPTION of Operations Covered
Tennis court rennovations and installations
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer In less than the tags( time required after the insured has received written notice of such
change or cancellation,.or In case there Is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THIS CERTIFICATE
MUST BE SENT TO THE OWNER.
-2I-
-Highlands Insurance Company
(Name
�o,f� Insurer)
By: /r(utC/ilf &&tL
Title Agent for Trans Texas
Tennis, Inc.
Policy No.
Effective
Expires
Limits of Liability
....................................................................................................................
Workmen's
BWC 204195
6-23-91
6-23-92
500,000 Each Accident
Compensation
500,000 Disease Limit
.........................................................................................5.Q0.,,4Q9
A.isQas.q.E.rtployee
Owner's Protec-
Per Person $
tive or Contin-
Per Occurrence S
gent Liability
................................................................:...................................................
Property Damage $
Contractor's
Per Person S
Protective or
Per Occurrence S
Contingent
Property Damage $
Liability
....................................................................................................................
Automobile
BTA 106656
3-4-91
3-4-92
Per Person S Incl.Per
occurrence s 100,000 CSL
....................................................................................................................
Property Damage s Incl.
Comprehensive
General Aggregate $ 600,000
General Liability
BGO ib5402
3-4-91
3-4-92
Per Occurrence s 300.000
............................................... ......................................................................
Umbrella Liability
S
...................................................................................
The foregoing Policies(do) (do not) cover all sub -contractors.
Locations Covered All jobsites
DESCRIPTION of Operations Covered
Tennis court rennovations and installations
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer In less than the tags( time required after the insured has received written notice of such
change or cancellation,.or In case there Is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THIS CERTIFICATE
MUST BE SENT TO THE OWNER.
-2I-
-Highlands Insurance Company
(Name
�o,f� Insurer)
By: /r(utC/ilf &&tL
Title Agent for Trans Texas
Tennis, Inc.
t
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
r Type of
Lubbock, Texas Project:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, in-
sured by this Company with respect to the business operations hereinafter described, for the types of insurance and
G in accordance with the provisions of the standard policies used by this Company, the further hereinafter described.
Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than the legal time required after the insured has received written notice of such
change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THIS CERTIFICATE
MUST BE SENT TO THE OWNER.
7" -21.
(Name of Insurer)
By:
Title
Policy No. Effective Expires
Limits of
Liability
Poo
Workmen's
Compensation
------------------------------•---------------•-------_---------------------•--•--•--------------------------------_
Owner's Protec-
Per Person
S
tive or Contin-
Per Occurrence
S
gent Liability
Property Damage
S
-------------------------------•--------------•-------------•--------------•----------------------------------------
Contractor's
Per Person
S
Protective or
Per Occurrence
!
�..
Contingent
Property Damage
S
C
Liability
-----------•-•----------------------------------•----------------------------------_---------....-----•....---•-----
Per Person
S
i"
Automobile
Per Occurrence
E
F
----•--_---------••..•---•.••-•---------•-_-•-•------------•.•-•---••--------------•....-••--------.............----
Property Damage
S
Caiprehens ive
,General Liability
-...................................................................................................................
S
Umbrella Liability
S
-------------------------------------•------------------------------------------------------------------------------
The foregoing Policies (do) (do not) cover all sub -contractors.
Locations Covered
`
DESCRIPTION of Operations Covered
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than the legal time required after the insured has received written notice of such
change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THIS CERTIFICATE
MUST BE SENT TO THE OWNER.
7" -21.
(Name of Insurer)
By:
Title
No Text
71
-22-
CONTRACT
(THIS PAGE LEFT BLANK INTENTIONALLY)
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this _November 21. 1991, by and between the City of Lubbock, County
of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter
referred to as OWNER, and TRANS TEXAS TENNIS. INC. 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-
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol
lows:
BID # 11651 - TENNIS CENTER COURT RENOVATIONS IN THE AMOUNT OF 560,619.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance and other accessories and services necessary to complete the said construction in accordande 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 agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
ATTEST:
ATTEST:
Cor rate secretary
1.
G
-23-
CITY OF LUBBOCK, TEXAS (OWNER) ,
By:
MAYOR
TRANS TEXAS TENNIS, INC.
CONTRAC
By:
y4ft'ulP
TITLE: t
COMPLETE ADDRESS:
5216 WERNER
HOUSTON, TEXAS 77022
GENERAL CONDITIONS OF THE AGREEMENT
-24-
(THIS PAGE LEFT BLANK INTENTIONALLY)
ENERAL 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, copartnership or corporation, to -wit: TRANS TEXAS TENNIS. INC.,
who has agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owners Representative or representative is used in this contract, it shall be understood
as referring to CARLOS VIGIL, PARK DEVELOPMENT SUPERVISOR, City of Lubbock, under whose supervision these
contract documents, including the plans and specifications, were prepared, and who will 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 Owners Representative, but shad not 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 similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory
c.
to the Owners 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 na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment, then, in Ott such cases, any question of the
rfulfillment of said Specifications shall be decided by the owner's Representative, and said work shall be
i done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
character of the work.
6. SUBCONTRACTOR
The term SubcontractPM or, 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
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments
due Subcontractor.
-25.
7. WRITTEN NOTICE
Written notice shall 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 shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and alt water, tight, power, fuel, transportation and
alt 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 shall be held to refer such recognized standards.
All work shalt be done -and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED`
The term "Substantially Completed" is meant that the structure or project contemplated by the contract 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. LAYOUT
Except as specifically provided herein, the Contractor shall. be responsible for`taying out all work and
shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative
will check the Contractor's layout of all major structures and any other layout work done by the Contractor
at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly _
locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the'contract 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 will 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
13. LINES AND GRADES
All tines and grades shall be furnished by the Ownerss 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 shalt be allowed no extra compensation therefore. The Contractor shalt 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.
16. OWNEM REPRESENTATIYEIS_AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shatt 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
Mail, 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 b: 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 Owners 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 any claim arising there-
from•shalt be thereafter adjusted to arbitration as hereinafter provided.
The Ownerls 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 rete -
Live to the execution of the work or the interpretation of the contract, specifications and plans. Should
the Owners Representative fail to make such decision within a reasonable time, an appeal to arbitration may
r. be taken as if his decision had been rendered against the
g party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shalt 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 inspections and examination of the work. The Contractor shalt regard and obey
the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when
such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate
engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's
Representative for his decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and
shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all
satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by
competent and reasonable representatives of the Contractor is essential to the proper performance of the
work and tack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shalt 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 carefut 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.
1s. 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 shalt
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 shalt be discharged from the work and shalt not again be employed on the work with -
art the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shalt 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, properly secluded from public ob-
servation, shalt be constructed and maintained by the Contractor in such manner and at such points as shall
be approved by the Owner's Representative and their use shall be strictly enforced.
-28-
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the
work. Contractor shall make necessary arrangements and provide proper facilities and access for such 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 taw 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 alt 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.
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 shalt 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
I 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.
If such changes or alterations diminish the quantity of the work to be done, they shalt not constitute the
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
Ir.. work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In
I
-29-
24.
case the Owner shall make such changes or alterations as shalt 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.
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 shall 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 (B) - By agreed lump sun; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is com-
menced, then the Contractor shall 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 shalt be kept and records of these accounts shalt 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 shall be determined by using 100%, unless otherwise specified, of the latest Schedule of
Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical,
the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work
order. The fifteen percent (15X) of the actual field cost to be paid to Contractor shall cover and com-
pensate him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments of cost and expense not embraced within the actual field cost as herein defined, save that where the
Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost
to maintain and operate the same shalt 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
under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi-
tration as herein below provided.
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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 suns: 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 found to be inadequate to secure the
quality of work with the rate of progress required under this contract, the Owner or Owner's Representative
may order the Contractor in writing to increase their safety or improve their character and efficiency and
the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci-
fied, the Contractor shalt, 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 shall comply with the
Workmen's Compensation taws of the State of Texas. The Contractor shall at sit times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provision 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 person 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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28. CONTRACTOR'S INSURANCE
The Contractor shalt 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 i Collapse Hazard
Underground Damage Hazard
Products i 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 shall obtain an Owner's Protective or Contingent Public Liability insurance policy
naming the City of Lubbock as insured and the amount of such policy shall be as follows
For bodily injuries, including accidental death, $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 $100,000
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.
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E. Excess or Umbrelta liability Insurance
The Contractor shalt have Excess or Umbrella Liability Insurance in the amount of
(11,000,000 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 5100,000 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 shalt be given to the City ten days prior to any change in
or cancellation of the policies shown an 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 harmtess from alt claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materiatmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that alt obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shalt 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
t
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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 shad pay all royalties and License fees, and shall provide for the use of any design, de-
vice, material or process covered by tetters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shalt defend alt.suits or claims for infringement of any patent or
copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that
Owner shall defend alt such suits and claims and shall 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 shall 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 shall 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 tocal.laws, ordinances and
regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor or his employees. If the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shall bear at( 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, shall 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 shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the owner, then the Contractor does hereby agree as part of the con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $100.00 (ONE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages
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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 the time for 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.
j
The amount is fixed and agreed g upon by and between the Contractor and the Owner because of the i ractica-
W itty 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 shalt 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 shalt 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-
eral 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 -arts, 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
j 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. HANDRANCE 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 alt hindrances and delays in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
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shall be made by the.Contractor for hindrance or delays from any cause during the progress of any part of
the work embraced in this contract except where the work is stopped by order of the owner or Owner's
Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's
Representative that is caused by such stoppage „shalt be paid by Owner to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.
In the event this contract is 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 shalt 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 Labor required for the
aforesaid work, also, for all expenses incurred by him and .for wett,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.
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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 shall 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 shall 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 anoint thereof, which 5%
shall be retained until final payment, and further, less all previous payments and all further sums that may
be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole
work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and
some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon
written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained 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 shall in-
spect the work and within said time, if the work be found to be completed or substantiatly completed in ac-
cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his
certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to
issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under
the terms of the agreement, and shalt 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 terns 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 shalt 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 shalt 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 shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for
�.. any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the
.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 filed with the Owner's Representative within fifteen (15) days after the
Owner's Representative has given any directions, order or instruction to which the Contractor desires to
take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and
render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's
Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in
writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by
the Contractor of the final payment shall be a bar to any claim by either party, except where noted 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 fail to se-
lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shall 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 shalt appoint such 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 shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article 224, et 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.
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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 shalt 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
In case the Contractor should abandon and fall or refuse to resume work within ten (10) days after written
notification from the Owner or the Owneres 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
complete the work and a copy of said notice shalt be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, 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 correction with Extra York, 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 comptetion 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
plated by the Contractor, then said Contractor shalt 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 law, 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 shalt be and remain bound therefore. However, should the cost to complete any such new
contract prove to be less than that which would have been the cost to complete the work under this
contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shad be so notified
and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be
issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as
being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or
his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within
30 days after the date of certificate of completion.*
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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 fall 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 shell be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that
actual written notice given in any manner will satisfy this condition. After mailing, or other giving of.
such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date
of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net
sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either
public or private sale, with or without notice, as the Owner may elect. The Owner shall release any 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 sum 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, Vernon's 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-
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s
ell 53. LOSSES FROM NATURAL CAUSES
x Unless otherwise specified herein, all toss 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
r of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
k work, shalt be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
a�-
Contractor is, and shalt 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
.-Poll of the work covered hereby. The fact that the Owner or Owners Representative shalt have the right to ob-
serve Contractors 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 shalt 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 ownto ees
�P Y or to any other person, firm, or
corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and
at the completion of the work he shalt remove all such debris and also his toots, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shalt be left in good order and
w condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
Poll
-41.
No Text
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flk
CURRENT WAGE DETERMINATIONS
-42-
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DGV:da
RESOLUTION
Resolution #2502
January 8, 1987
Agenda Item #18
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
,'mechanics needed to execute public works contracts for the City of Lubbock
.;in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
;I
WHEREAS, such wage rates were established by Resolution No. 719
,,enacted February 12, 1981, updated by Resolution No. 1590 enacted February
!!23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
..to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
' contracts shall be as set forth in the following named exhibits, which
:exhibits shall be attached hereto and made a part hereof for all intents
.,and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
:Such wage rates are hereby found and declared to be the general prevailing
gate of per diem wages in all localities where public works are undertaken
!ion behalf of the City of Lubbock and such wage rates shall be included in
Fall public works contracts as provided by law.
f
7i
;Passed by the City Council this 8th day of January i987.
5RanettLLk_Boyd, City Secretary U
APPROVED NTENT:
Bi 1 P yne, D rector of Building
Services
i
C'. �jj `huoe-A
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
�IdG.iver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Bricklayer
Bricklayer- Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator
Heavy
Light
Floor Installer
Glazier
Insulator, Piping/Boiler
Insulator -Helper
Iron Worker
Laborer, General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder - Certified
Hourly Rate
511.60
8.35
5.50
10.50
5.00
11:00
5.50
7.35
8.70
10.50
5.25
8.00
5.70
8.00
7.50
=9.50
5.00
7.30
4.75
5.60
8.75
9.25
6.00
7.65
4.75
8.75
5.50
8.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Hourly Rate
Asphalt Heaterman
$5.25
Asphalt Shoveler
4.75
Concrete Finisher
7.35
Concrete Finisher -Helper
4.75
Electrician
10.50
Flagger
4.75
Form Setter
6.50
Form Setter -Helper
5.50
Laborer, General
4.75
Laborer, Utility
5.80
Mechanic
6.50
Mechanic -Helper
6.00
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
6.00
Bulldozer
5.25
Concrete Paving Machinist
6.50
Front End Loader
5.85
Heavy Equipment Operator
6.40
Light Equipment Operator
6.40
Motor Grade Operator
8.00
Roller
Scraper
5.25
Tractor
5.25
Truck Driver -
5.50
Light
Heavy
5.25
5.25
Craft
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates.,
Power Line Foreman
Lineman Journeyman
Lineman Apprentice Series
Groundman-Series
Hourly Rate
$11.00
10.45
8.90
7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
I
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SPECIFICATIONS
-43.
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CITY OF LUBBOCK, TEXAS
PARKS AND RECREATION DEPARTMENT
MUNICIPAL TENNIS CENTER
CHAMPIONSHIP COURT RECONSTRUCTION
66th and Gary
SECTION 01
1. General Requirements
1.1 Scope of Work to be Done
A. The contract work to be performed under these
specifications consists of furnishing all of
the required labor, materials, equipment,
implements, parts, and supplies necessary
for, or appurtenant to, the reconstruction of
championship tennis courts at The Municipal
Tennis Center for the City of Lubbock in
accordance with the drawings appearing
hereinafter or annexed hereto and as further
elaborated in these specifications.
1.2 Standards
A. The work hereunder shall be done in a
thorough, workmanlike manner and conform to
standards for tennis court construction as
prescribed or approved by the U.S. Tennis
Court Builders Association. Any reference to
a specification or designation of the
American Society for Testing and Materials,
Federal Specifications, or other standards,
codes, or orders refer to the most recent or
latest specification or designation.
1.3 Layout of * Work
A. The work shall be laid out to true lines and
grades in full accord with the drawings.
... Surveying of lines and grades, from a base
line and bench mark established by Contractor
and approved by the Owner at the construction
site, and staking therefor shall be!
accomplished by the Contractor.
S
rift5
R
Monuments shall be substantially established,
protected, and maintained in place by the
Contractor for the duration of the contract
or until such other time as their removal may _
be authorized by the Owner or his
representative.
1.4 Quality Assurance
A. Contractor shall take all precautions
necessary to protect all existing trees,
shrubbery, sidewalks, buildings, vehicles,
utilities, etc., in the area where the work
is being done. The Contractor shall rebuild,
restore, and make good at his own expense,
all injury and damage to same which may
result from work being carried out under this
contract.
B.-. The Contractor shall take all necessary
precautions to assure the safety of the park
-visitors during the construction and clean-up
operations. The Contractor shall maintain
and keep in good repair the work intended
under these Plans and Specifications and
shall perform all necessary repair,
construction, and renewal to the date of
acceptance by Owner.
C. Any utilities and irrigation lines shown on
plans are for information only and are not
guaranteed by the Owner to be accurate as to
location and depth. The Contractor's
attention is directed to the -fact that other
underground utility lines may exist that
Owner is not aware of. It is the
Contractor's obligation to locate and
familiarize himself with all utilities and to
provide for their safety. Damage to
utilities will be repaired at Contractor's
Expense.
1.5 Permits and Taxes
k A. The Owner shall obtain and pay for all
construction permits, fees, licenses, etc.,
as may be required by 'law. The Contractor's
contract sum shall include such federal,
state, and local -;taxes as may be applicable
to the performance of the contract.
1.6 Guarantee
A. The Contractor and any subcontractors
hereunder guarantee their respective work
r against defective materials or workmanship
for period of two (2) years from date of
filing notice of completion by the Contractor
r� and acceptance by the Owner.
SECTION 02
2. Site Preparation
2.1 Fence Removal
A. The Contractor will remove the fence fabric
on the courts being renovated, and reattach
as per drawings or new fence material added
as per alternate 1.
2.2 Judge Chairs
A. The Contractor shall remove and salvage the
two existing Judge chairs and reinstall them
on new concrete.
2.3 Net Posts and Foundations
A. The Contractor shall remove existing net
posts and foundations.
2.4 Other Items
A. Light Poles standards shall not be moved.
Benches with bench footings shall be removed
by contractor and reinstalled as per drawings
to new height.
2.5 Existing Concrete Tennis Courts
A. The existing Asphalt surface of the Tennis
Courts shall be drilled at intervals not
exceeding four feet (41) each way to allow
drainage at a depth sufficient enough to
drain.
i
SECTION 03
3. Drainage Provisions
3.1, Backfill
A. Backfill areas adjacent to tennis court areas
shall be composed of a suitable earth
material compacted to the same density as the
surrounding soil. Materials used shall be
that excavated from the drainage trenches.
Any excess excavated materials shall be
removed from the site by the contractor and
deposited at a site designated by the Owner.
SECTION 04
4. Slope Requirement
4.1 Slope Requirement
A. All excavating, filling, compacting, grading,
and leveling work required hereunder shall be
performed so that the finished court surface
slopes one inch (111) in each ten feet (10')
on a true plane as indicated on the drawings.
Pot -holes or Bird Baths which hold water
after rains will not be tolerated.
SECTION 05
5. Base Construction
5.1 Base Construction
A. Existing Asphalt court shall remain intact
and become base material for new courts. A
minimum (211) layer of sand should be used to
cover existing asphalt and separate the new
(6") concrete layer.
C..
SECTION 06
6. Concrete
6.1 Cement
A. Cement for concrete shall be a standard brand
of portland cement conforming to Standard
Specifications for Portland Cement,
Designation C-150, of the American Society for
Testing and Materials.
6.2 Air Entraining Agent
r' A. An air entraining agent shall be used to
provide the concrete with entrained air
comprising not less -than four percent (4%) nor
more than seven percent (7%) of the! total
volume of the concrete.
6.3 Aggregate
A. Coarse aggregate shall conform to Standard
Specifications for Concrete Aggregates,
Designation C-33, of the American Society for
Testing Materials (ASTM). Nominal maximum
size of aggregate shall be one and one-half
(1 1/2) inch. Maximum loss of 18% when
subjected to 5 cycles of the Magnesium
Sulfate Soundness test, ASTM C-88.
-- B. Fine aggregate shall conform to Standard
Specifications for Concrete Aggregates,
` Designation C-33, of the American Society for
Testing Materials .(ASTM). A minimum 90 Sand
Equivalent Value, when conducted in accordance
with ASTM C-2419.
6.4 Water and Chemical Admixtures
A. Water shall be clean, clear, free from oil,
acid, or organic matter and free from
injurious amounts of alkali,salts, or other
chemicals.
B. Chemical Admixtures shall conform to ASTM
C-494.
i
6.5 Post -Tensioning
A. Post Tensioning material shall consist of 1/2
inch diameter, seven wire stress relieved
strands, conforming to ASTM A-416 with an
ultimate strength of 270 KSI. Strands shall
be coated with a permanent rust preventative
lubricant and wrapped with plastic sheathing.
If strand sheating is damaged or removed, it
is to be repaired by taping. Exposed strands
should be concealed at the anchor. End
anchorage devices will conform to PTI
specifications. All dead end anchorages must
be power seated.
New post tension cables shall be placed on
.eighteen (1811) inch centers in both the length
and width directions.
All strands are to be supported on chairs and
tied at all intersections or securely
supported in beams to prevent vertical and
horizontal movement during concrete placement.
Concrete must be well consolidated, especially
in the vicinity of strand anchorages. Strands
of 1/2 inch diameter shall be anchored at 28.9
KIPS, but may be initially stressed at 33
KIPS. A 9 inch diameter centered on the
strand axis by a 36 inch length shall be
allowed for stressing equipment clearance.
The cables will be stressed approximately 7
days after pour.
Extreme care should be taken to prevent injury
from operator error or failure of equipment or
materials.
6.6 Thickness of Concrete
A. Concrete work shall be a minimum of six (6")
inches thick, with finished surface complying
.,with the elevations shown on the plans.
6.7 Forms and Screeds
A. Forms and Pipe Screeds shall be accurately set
to the lines and grades indicated on drawings
and be securely staked to prevent settlement
or movement during placing of concrete. Two
rows of pipe screeds shall be placed at the
one-third width of each court. (Approximately
17 foot centers). Forms shall remain in place
until the concrete has taken its final set.
6.8 Expansion Joints
A. A nonextruding expansion joint measuring
three-fourths inch (3/4110 wide shall be
installed vertically around all fence posts
single courts shall be poured monolithically.
The bottom edge of expansion joints shall
extend to the bottom of slab; top edge shall
be held seven -eights inch (7/811) below the
surface of the slab by a tack strip of
plywood with its top flush with the finished
slab surface. Concrete edges at joints shall
be tooled with an edging tool having a radius
of one-fourth inch (1/411). After concrete
has cured, tack strips shall be removed and
the joints sealed with an elastomeric sealing
compound.
B. Double courts shall have a metal keyed
construction joint between courts.
6.9 Concrete Proportioning, Mixing and Testing
A. The concrete shall have a compressive strength
of not less than four thousand (4,000) pounds
per square inch at twenty-eight (28) days
after placement. Retempering•of any concrete
is forbidden. Ready -Mixed concrete may be
used provided that it is mixed and delivered
in accordance with Specifications for Ready -
Mixed Concrete, ASTM C-94.
B. Concrete Mix Design Parameters:
Minimum Strength = 14,000 psi
Slump = 3" ± 1"
Maximum Water Cement Ratio = 0.48
Entrained Air Content = 5"s ± 1t
Concrete Mix Design shall be conducted in,
accordance with ACI 211 (absolute volume
method) .
C. Concrete Material Tests
Preconstruction Tests
The Contractor will submit test certificates
from an approved commercial laboratory on all
aggregates proposed for use on this work.
Tests should be made approximately 20 days
before beginning the concrete operation.
r
The Contractor will submit, in advance of
construction, the mix design and the results
of compression tests made by a commercial
laboratory.
Tests shall be made on 6 cylinders, 3 tested
in 7 days, 3 tested at 28 days. Additional
tests shall be furnished if the material
source is changed or if concrete used varies
from the original design.
The Engineer shall approve the mix design
after the preconstruction tests have been
completed.
Construction Tests,
Tests of the aggregates and the concrete will
be made by the Engineer during.construction to
determine conformity with the specifications.
Test cylinders will be made in accordance with
the "Method of Making and curing Concrete
Compression and Flexure Test Specimens in the
Field", (ASTM C-31)`. The Specimens shall be
cured under standard moisture and temperature
conditions in accordance with the requirements
of ASTM C-31. The costs of all such testing
shall be borne by the City, but the contractor
shall cooperate in securing and storing
samples and shall furnish all materials
required for sampling.
A minimum concrete strength of 2800 psi zhall
be attained prior to posttensioning
procedures.
Any concrete failing to meet strength
requirements or air content shall be removed
and,replaced.
6.10 Placing Concrete
A. Concrete shall be transported, placed, and
spread in such a manner as to prevent any
segregation of the aggregate. Each full court
shall be placed in one (1) continuous
operation without construction joints.
6.11 Flat and Finish Work
A. The concrete shall be brought to the grades
indicated on drawings by pulling a vibrating
strike off template along the screeds a
minimum of two times.
r..
r
The larger particles of the aggregate may be
forced slightly below the surface by using a
grid tamp. The surface shall then be floated
with a long handled metal float to a uniform
j"
grade so as to contact a ten (10) foot
straightedge within a plus or minimum of one -
eight inch (1/811). Extra care shall be taken
�..
so that the area near joints and edges shall
not be raised or depressed. The final finish
shall be obtained with a steel trowel used in
small circular movements to obtain a "swirl"
pattern providing a uniform non -glassy surface
texture, or with a fine hair broom.
Depressions or pot holes will not be
tolerated. A ten foot straight edge shall be
used to measure low spots which under no
`
circumstance shall be greater than 1/8 inch.
There shall be no standing water after a rain.
Should the finished concrete court fail to
meet these requirements, the Contractor shall
be penalized by non-payment by the Owner or he
r
shall at his own expense apply an approved
G
acrylic leveling base course free from all
Birdbaths.
6.12 Curing Slabs
A. The concrete immediately after finishing shall
be kept continuously moist for seven (7) days
be covering with continuously wetted burlap,
plastic sheet or building paper cove=ring or by
fog spraying. Use of curing compounds and
admixtures of any kind is forbidden.
SECTION 07
7. Net and Equipment
7.1 Post Foundations
A. Post foundations shall be not less than
twenty-four inches (2411) in diameter at the
top, not less than thirty inches (3011) in
diameter at the bottom, and not less than
thirty-six inches (3611) in depth.
Foundations shall be so situated as to
provide a clear distance between posts of
forty-two (42') on all courts. Concrete for
foundations shall be mixed in ratios of six
- (6) standard 94 -pound sacks of cement per
cubic yard of concrete, with one (1) such
sack of cement to not more than six (6) U.S.
gallons of water, attaining a compressive
strength of not less than three thousand five
hundred (3,500) pounds per square inch at the
twenty-eighth (28th) day after pouring.
7.2 Net Posts and Sleeves
A. Net posts shall be galvanized steel having an
outside diameter of not less than four inches
(411), complete with post caps, galvanized
steel ground sleeves, ground sleeve covers,
and eye bolts with nuts, or level or ratchet -
type net tightening devices for non-metallic
nets. Posts and the sleeves therefor shall
be set where indicated on the drawings and
shall be plumb and true so as to support the
net at a height of forty-two inches (4211)
above the court surface at the net posts.
Posts and ground sleeves shall be B-491-5
Tennis Post with Ground Sleeve as
manufactured,by Bergfeld Recreation Inc. or
approved equal.
7.3 Center Strap Anchor
A. Center strap anchors, of the type shown on
the drawings, shall be furnished and
installed by the Contractor.
7.4 Net
A. Tennis nets will be furnished and installed
by the Owner.
SECTION 08
S. Color Finish System and Line Painting
8.1 General
A. A two (2) color, green inside of playing
lines and red outside of playing lines,
finish system for Portland Cement Concrete
Tennis Courts conforming to U.S. Tennis Court
and Track Builders Association Specification
Type V shall be applied to the concrete
surface.
r.
i
This shall consist of a penetrating
prime coat, two filler coats, a finish coat,
and white line painting. The finish system
shall be of one hundred percent (100%)
acrylic material such as "Plexipave Color
Finish System" as manufactured by California
Products Corporation or an approved equal.
Materials shall be delivered to the site in
sealed, properly labeled containers and water
used in all mixtures shall be fresh and
clear. Application shall be with eighteen
inch (1811) to thirty six inch (3611) long
flexible rubber squeegees for filler coats
and wide, hair type push brooms for finished
coat.
8.2 Limitations
A. Do not apply in temperatures below 50 degrees
Fahrenheit or when rain or high humidity is
eminent, or when surface temperature is in
excess of 130 degrees Fahrenheit.
8.3 Surface Preparation
A. Concrete shall be completely cured before any
surface coloring is applied. A minimum of
(30) days is normally required. All foreign
material shall be thoroughly removed.. The
concrete shall be etched with acid in a
manner recommended by the manufacturer of the
finished material to be applied. After
etching apply a penetrating prime "'wash" coat
of the finish surface material mixed with two
(2) parts water by pouring on the surface in
wind rows and spreading evenly.
The surface after drying, shall be flooded
-• with water, and allowed to drain. Mark the
areas where water is standing over one -
sixteenth inch (1/1611) deep. Using undiluted
finish surface material, trowel or screed
r material in the depressions to bring to
proper level. If more than one -eight inch
(1/811) is required, apply in multiple coats
and add twenty percent (20%) aggregate.
Repeat this procedure until all depressions
holding water one -sixteenth inch (1/1611) deep
or more are eliminated.
8.4 Finished Surface
A. On concrete surface, apply sufficient coats
(with a minimum of two) of Acrylic Filler
Coatatthe rate and as recommended by the
manufacturer to provide a smooth uniform
surface free from low spots, ridges or seams.
Apply two coats of Acrylic Color for Tennis
Courts at the rate and as recommended by the
manufacturer. Accurately locate and apply
the Acrylic Line Paint.
8.5 Penetrating Prime Coat
A. Using one (1) part of finish coating material
to two (2) parts water, apply a "wash" coat
by pouring on surface in wind -rows and
spreading evenly. Allow to thoroughly dry.
Flood area with water. After twenty (20)
minutes, wash perimeters of all areas where
water is standing over one -sixteenth inch
(1/1611). Using finish coating material as it
comes from container (undiluted), trowel or
screed material to bring to proper level. If
more than one -eight inch (1/811) is required
apply in multiple coats and add twenty
percent (20%) by volume of fine aggregate
(sand). Allow to thoroughly dry. Remove all
ridges and feather all edges to avoid patch
appearance.
8.6 Filler Coat
A. Apply two (2) coats of one hundred percent
(100%) acrylic Filler Coat at a rate of not
less than 0.08 gallons per square yard for
the two (2) coats (269 gallons minimum for
3360 square yards) in accordance with the
manufacturer's directions.
The first coat shall be applied lengthwise of
court and the second coat, crosswise of the
court. Dilution of the Filler Coat shall be
fifteen (15) to twenty (20) gallons of water
for each thirty (30) gallons of Filler Coat
Material.
P"
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f
8.7 Finish Coat
A. Prior to applying the Finish Coat, make a
final, careful inspection and remove any
ridges, loose or foreign particles. Apply
one (1) coat of one hundred percent (100%)
acrylic Finish Coat as directed by the
manufacturer at a rate of not less than 0.04
gallons of material (135 gallons minimum for
3360 square yards). The application shall be
made parallel to the net line and shall
produce a uniform color throughout when
viewed from a distance of twenty five feet
(251) from any edge of the court at mid day.
Dilution of the Finish Coat shall be one (1)
part water to one (1) part Finish Coat
Material.
8.8 Lines
A. White playing lines shall be applied as shown
on the drawings using one hundred per cent
(100%) acrylic Line Paint. Application shall
be made with brush, roller or spray and
marking equipment, and shall be free from any
fogging, splatter or over spray.
SECTION 09
9. Fencing
9.1 Height of Fence
A. Overall height of fence when erected shall be
as shown on drawings.
9.2 Chainlink Fabric
A. The chainlink fabric shall be No. 9 gauge
(.14811) and one and five -eights inch (1 5/811)
mesh conforming to Standard Specifications
for Zinc -Coated Iron or Steel Chainlink Fence
Fabric Galvanized after weaving, Class II,
ASTM Designations A-392 or Standard
Specifications for Aluminum -Coated Iron or
Steel Chainlink Fence.
Fabric Galvanized after Weaving, Class II,
ASTM Designation A-491. Top and bottom
salvage shall have a knuckle finish. Fabric
shall be free of barbs, icicles, or other
projections resulting from the galvanizing
process, and any fabric not free thereof will
be rejected even though erected. Bottom of
fence fabric shall be 1/4" plus or minus
above court surface.
9.3 Line Posts
A. The chainlink fabric shall be tied to the
line posts with No. 9 gauge soft annealed
galvanized tie wire.
9.4 Terminal (Corner) and Gate Posts
A. Terminal and Gate Posts shall conform to
Standard Specifications for Black and Hot -
Dipped Zinc -Coated (Galvanized) Welded and
Seamless Pipe for ordinary Uses. ASTM
Designation A-120, to match existing.
9.5 Terminal and Gate Post Fittings
A. Terminal and gate post fittings, including
tension bands, brace connections, and tip
rail connections, shall be No. 9 gauge, hot -
dipped, galvanized, cold -rolled carbon steel.
No Aluminum, cast iron, or pot metal fittings
will be accepted as equal's or substitutes.
Top rail, brace, and truss bands shall not be
less than one inch (111) wide, secured by
three-eighths inch (3/811) diameter carriage
bolts and nuts.
9.6 Top Rail
A Top rail shall meet the same specifications
of quality as line and terminal posts. The
top rail shall have an outside diameter of
one and five-eighths inch (1-`5/8") and weigh
2.27 pounds per lineal foot. An outside
sleeve -type coupling measuring not less than
seven inches (711) in length shall be provided
at each interval of twenty feet (201). The
chainlink fabric shall be tied to the top
rail at intervals of twenty-four inches (2411)
with No. 9 gauge soft annealed galvanized
steel or aluminum tie wire.
9.7 Braces for Terminal and Gate Posts
A. Terminal and gate posts shall be strengthened
and reinforced by braces meeting the same
specifications of quality as line and
terminal posts. Braces shall be installed
midway between top rail and court surface and
extend from each terminal post to the first
adjacent line post. Braces shall be securely
fastened to posts by heavy pressed steel
connections and also be trussed from line
post back to terminal post with a three-
eighths inch (3/811) round truss rod complete
with tightening unit.
9.8 Bottom Tension Wire
A. Bottom tension wires shall be No 7 gauge
galvanized steel coil tension wire, high
carbon or hard drawn, ASTM designation A-116,
Class II, Galvanized or Aluminum Coated,
running through the mesh and fastened to the
chainlink fabric at intervals of twenty-four
inches (2411) with No. 9 gauge galvanized hog
rings.
9.9 Post Spacing and Setting
A. New line posts shall be set a full thirty-two
inches (3211) in a thirty-six inch (3611) deep
concrete foundation having a minimum diameter
of twelve inches (1211).
Terminal and gate posts shall be set a full
thirty-six inches (3611) in a forty inch (4011)
deep concrete foundation having a minimum
diameter of twelve inches (1211). Concrete
for post foundations shall be the same as
that specified for the tennis courts.
Spacing of posts in the line of fence shall
be as shown on the drawings.
9.10 Post Tops
A. Tops of line posts shall be of a malleable
r.., casting. The base of tops shall extend below
the top of the post not less than two inches
° (211). The tops shall be provided with a hole
suitable for the through passage of the top
r" rail.
r�
Terminal post tops shall be of malleable iron
casting, and be designed so as positively to
exclude all moisture from the terminal post.
9.11 Gates
A. Gates shall be four feet (4') wide and
located as detailed on drawings. Frames
shall be constructed of pipe conforming to
Standard Specifications for Black and Hot -
Dipped Zinc -Coated (Galvanized) Welded and
seamless Steel Pipe for Ordinary Uses, ASTM
Designation A-120, having an outside diameter
of one and nine -tenths inches (1-9/10").
Gate frames shall be welded or alternately
shall utilize corner fittings of heavy
malleable iron or pressed steel securely
riveted to the frame. Fabric matching the
fence fabric shall be installed in the frame
by means of tension bars and hook bolts.
Frames having corner fittings shall be
equipped with adjustable truss rods having a
diameter of three -eights inch (3/811). Hinges
shall be of adequate strength to support the
gate and have large bearing surfaces for
clamping in position. Under no conditions of
use or abuse shall the hinges twist or turn
under the action of the gate. Gates shall be
capable of being opened and closed quickly
and easily by one (1) person. Gates shall be
equipped with a positive latching device
that will accommodate padlocking. Hinges,
latches, and catches shall be one of the
manufacturer's standard designs as selected
and approved by the Owner.
SPECIAL CONDITIONS
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City of Lubbock
P.O. Box 2000
�..Lubbock. Texas 72457
606-767-2167
November 21, 1991
TRANS TEXAS TENNIS, INC.
5216 WERNER
HOUSTON, TX 77022
SUBJECT: TENNIS CENTER COURT RENOVATIONS
Office of
Purchasing
The City of Lubbock, having considered the proposals submitted and
opened on the 8th day of November, 1991, for work to be done and
materials to be furnished in and for:
City of Lubbock Bid # 11651
Tennis Center Court Renovations
as set forth in detail in the Specifications, Plans, and Contract
Documents for such work for the City of Lubbock; it appearing that your
proposal is fair, equitable and to the best interest of said City,
please take notice that said proposal was accepted by the City Council
of the City of Lubbock on the November 21, 1991, 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.
CITY OF UBBOCK
Gene Eads, C.P.M.
Purchasing Manager
ii