HomeMy WebLinkAboutResolution - 3645 - Contract - JR's Landscaping & Sprinkler System - Irrigation System, MHOC - 06_13_1991Resolution No. 3645
June 13, 1991
Item #31
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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 J. R.'s Landscaping & Sprinkler System for an
irrigation system for Municipal Hill Operations Center, 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 13th
ATTEST:
Ran tte Boy City Secretary
APPROVED TO CONTEN
Gene a s, Purchasing Manager
APPROVED AS TO FORM:
ffArbld Willard, Assistant riffy
Attorney
day of June
B. C. McMINN, MAYOR
, 1991.
CHANGE ORDER NUMBER ONE
BID NUMBER 11257
TO: J. R.'s Landscaping
1717 Avenue K, Suite 205
Lubbock, Texas 79405
Original Amount of Contract
Amount Previous Change Orders
Net Amount this Change Order
Amended Amount of Contract
Percentage Change of Contract Price is 4%
Additional Time of Completion is 0 Days
The Date of Substantial Completion as of
this Change Order is September 16, 1991
COP
tNFTAR YRRR
ORMATION
$ 79,980.00
.00
3,233.00
$ 83,213.00
WHEREAS, it is desirable to make changes in the plans and specifications for
this project.
THIS AGREEMENT WITNESSED: The Contractor to furnish all labor and material to
make changes as per attachment dated August 15, 1991.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands
this the 30th day of August, 1991.
CONTRACTOR:
J. R.'s Landscaping
BY:
TITLE 4E)W4r—g__
APPROVED AS 0 FORM:
A �Q
i 'At orney
OWNER:
City of Lubbock
BY: 0s
Deputy City Manager
AP P VED AS TO CONTENT:
et of Building Services
ATTACHMENT
CHANGE ORDER #1
MUNICIPAL HILL IRRIGATION SYSTEM
BID #11257
Phase I - Additions:
23 heads @ $50.00 each
10 heads @ $15.00 each =
Jackhammer rock 60 L.F. @ $7.50 =
2" DCA
2" Main line
Jumbo box
6-Station control
Wiring
Sub -Total
Phase I - Deletions:
3" DCA - 62'
Main line - 4"
Vault for 3" DCA
3000' 12 ga. wire
Sub -Total
Phase II - Additions:
8 heads (#640) @ $300.00 each =
$ 1,150.00
150.00
450.00
$ 258.00
60.00
30.00
289.00
200.00
$ 2,587.00
$ 621.00
150.00
800.00
183.00
($ 1,754.00)
$ 2,400.00
TOTAL CHANGE ORDER #1 $ 3,233.00
CITY OF LUBBOCK
SPECIFICATIONS
FOR
IRRIGATION SYSTEM FOR
MUNICIPAL HILL
BID # 11257
_ CITY OF LUBBOCI�,
Lubbock, Texas
�',Cf
MAILED TO VENDOR: April 10, 1991
CLOSE: 04/12/91 @ 2:00 P.M.
BID # 11257
ADDENDUM # 1
Please modify or amend Contract Documents as per the attached sheet.
THANK OU11
Ron Shuffield,
CITY OF LUBBOCK
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
ADDENDUM NO. 1
MUNICIPAL HILL OPERATIONS CENTER
IRRIGATION SYSTEMS
BID #11257
4/ 09/ 91
The following items shall be incorporated into and become a part of the
work for the above referenced project. Please acknowledge receipt of
this addendum by noting it on your proposal.
Item No. 1: Change valve #29 with 66 gpm flow as shown, due west of
Building D on Sheet IRR1 of the drawings to valve #16 with 66 gpm.
Item No. 2: Rainbird 1812 series pop-up sprinkler heads are to be
located in the plant bed in front of Building A as shown in the
enlarged plan on Sheet IRR2 of the construction drawings.
Item No. 3: All pop-up type sprinkler head bodies may be of plastic
construction as per mfr's standards.
Item No. 4: All 1803 series sprinklers in the legend on Sheet IRR2 of
the drawings shall be changed to 1804 series sprinklers.
Item No. 5: In the specifications on page 2G5-8 to 2G5-9, specified
heads #10, 11, and 12 shall be changed from Rainbird 1802 series
sprinkler heads to Rainbird 1804 series sprinkler heads.
Item No. 6: On page 1AO-2 of the specifications, the 3" double check
valve concrete vaults may be changed to Brooks vault model #800-4MV
with WIW #40F/C.
Item No. 7: On page 2G5-4 of the specifications, under Wilkins 3"
Double o CFieck- Valves, change the last paragraph to read "Install flanged
3" double check valve."
Item No. 8: Valves #2 and #5 shall be Weathermatic 8024BCR-10 #1, or
approved equal.
Item No. 9: On sheet IRR1 of the drawings under Notes, change letter F
to read Valve #1 and #4 supply Rainbird 12' spray pop-up sprinklers."
Item No. 10: On sheet IRR1 of the drawings under Notes, change letter
G to read Valve 3 supplies Rainbird 15' flat spray pop-up sprinklers."
Item No. 11: Bore power and control wiring to valves #1,2,3, & 4
underneath new paving near gate at main building.
ARCHITECTS
1 105 13th. St. Lubbock, Texas 79401 806-747-0193
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: IRRIGATION SYSTEM FOR MUNICIPAL HILL
ADDRESS: 600 MUNICIPAL DRIVE
BID NUMBER: 11257
PROJECT NUMBER: 2113-552101-9428
CONTRACT PREPARED BY: Purchasing Department
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INDEX
PAGE
NOTICE TO BIDDERS..........................................................................................3
GENERAL INSTRUCTIONS TO BIDDERS............................................................................4
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
PAYMENTBOND..............................................................................................13
PERFORMANCEBOND..........................................................................................16
CERTIFICATE OF INSURANCE..................................................................................19
CONTRACT..................................................................................................21
GENERAL CONDITIONS OF THE AGREEMENT.......................................................................23
CURRENT WAGE DETERMINATIONS...............................................................................41
SPECIFICATIONS............................................................................................42
SPECIAL CONDITIONS........................................................................................43
NOTICE OF ACCEPTANCE......................................................................................44
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID # 11257
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 12th day of April. 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:
IRRIGATION SYSTEM FOR MUNICIPAL HILL
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 25th day of April, 1991, at Municipal Bldg.,
Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or
all bids and waive any formalities. The successful bidder will be required to furnish a performance bond
and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the
total contract price in the event that said contract price exceeds $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 responsible bidder. If the contract price
does not exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a
reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less
than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
'- It shall be each bidders sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that
all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a pre -bid conference on 3rd day of April, 1991, at 11:00 o'clock a.m., Training Center
L01, Municipal Building, 1625 13th Street.
CITY OF LUBBOCK
BY: Gene Eads, C.P. .
Purchasing Manager
ADVERTISEMENT FOR BIDS
BID # 11257
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 12th day of April, 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:
IRRIGATION SYSTEM FOR MUNICIPAL HILL
After the expiration of the time and date above first written, said
sealed proposals will be opened by the Purchasing Manager at his office and
publicly read aloud.
The plans, specifications, proposal forms and contract documents may be
examined at the office of the Purchasing Manager for the City of Lubbock,
Texas.
Attention of each bidder is particularly called to the Schedule of
General Prevailing Rate of Per Diem Wages included in the contract documents
on file in the office of the Purchasing Manager of the City of Lubbock, Texas.
Each bidder's attention is further directed to the provisions of Article
5159a, Vernon's Ann. Civil St., and the requirements contained therein
concerning such wage scales and payment by the contractor of the prevailing
rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any
contract entered into pursuant to this advertisement, minority and women
business enterprises will be afforded equal opportunities to submit bids in
response to this invitation and will not be discriminated against on the
grounds of race, color, sex, or national origin in consideration for an award.
There will be a prebid conference on 3rd day of April, 1991, at 11:00
o'clock a.m., Training Center LO1, Municipal Building, 1625 13th Street.
BY: Gene ads, C.P.M.
PURCHASING MANAGER
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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 shall consist of the following:
To furnish and install an automatic irrigation sprinkler system at Municipal Hill Operations Center, 600
Municipal Drive.
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
-- 2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the Gen-
eral Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
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 60 (SIXTY) 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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7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade
will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail
will not relieve the Contractor of full responsibility for providing materials of high quality and for 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 shall provide that the Contractor shall remedy any defects in the work, and
pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear
within ONE year from date of final acceptance of the work as a result of defective materials or workmanship,
at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his
use during construction. Plans and specifications for use during construction will only be furnished di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid
for such work, until the date the City issues its certificate of completion to Contractor. The City re-
serves the right, after the bids have been opened and before the contract has been awarded, to require of a
bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the 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
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in
such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines,
conduits or other underground structures which might or could be damaged by Contractor during the construc-
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 shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig-
nals, and shall take such other precautionary measures for the protection of persons, property and the work
r. as may be necessary.
The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and
lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor
from the City. In all cases where written permission is obtained for the use of explosives, the Contractor
shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast-
ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost
care so as not to endanger life or property and the Contractor shall further use only such methods as are
currently utilized by persons, firms, or corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of
responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder 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, shall be accompanied by a
statement from the Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the Owner's Representative to do such work. The
final decision on whether to allow construction work requiring an inspector on weekends or holidays will be
made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition
so that it is no longer dangerous to property or life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the
site of the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, sworn, Legible copy of such payroll. This shall contain the name
of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The
affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or 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 laborer, workman, or mechanic employed for each calendar day, or portion thereof, such
laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set
forth in the schedule of general prevailing rate of per diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to 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 shall be written in ink,
dis-tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the
price written in figures, the price written in words shall govern. If the proposal is submitted by an indi-
vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm,
association, or partnership, the name and address of each member must be given and the proposal signed by a
member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by
a company or corporation, the company or corporate name and business address must be given, and the proposal
signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign
proposals must be properly certified and must be in writing and submitted with the proposal. The proposal
shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
-- (a) Bidder's name
(b) Proposal for (description of the project).
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.
- (g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
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BID PROPOSAL
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BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
PLACE Lubbock, Texas
DATE April 12, 1991
PROJECT No. 2113-552101-9428
Proposal of J.R.'s Landscaping & Sprinkler System (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 Irrigation System
Fbr Municipal Hill, Lubbock, Texas,
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
all expenses incurred in performing the work required under the contract documents, of which this proposal is to be
a part, is as follows:
BID:Seventy nine thousand, nine hundred — eighty (S 79,980.00 )
Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) consecutive calendar
days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to
pay to owner as liquidated damages the sum of $50.00 (Fifty dollars) for each consecutive calendar day in excess of
the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions
of the contract documents.
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 waive any formality in
the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar
days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined
the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees
'- to commence work on or before the date specified in the written notice to proceed, and to substantially complete the
work on which he has bid; as provided in the contract documents.
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Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars (S ) or a Proposal Bond in the sum ofthree thousand nine hundredDol Lars ($3, 999 _
which it is agreed shall be collected and retained by PARR r as rliWtlated damages in the event the proposal is
accepted by the owner and the undersigned fails to execute the necessary contract documents and the required bon'
(if any) with the owner within ten (10) days after the date of receipt of written notification of acceptance of
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all
tract documents made available to him for his inspection in accordance with the Notice to Bidders.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
J.R.'s Landscaping & SprinR-
Contractor Systems
BY: c
Owner
Acknowledgement of
receiving Addendum L
-12-
THE AMERICAN INSTITUTE OF ARCHITECTS
JRLS-503
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
J . R . ' S LANDSCAPING & SPRINKLER SYSTEMS (Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and
(Here insert full name and address or legal title of surety)
EAGLE INSURANCE COMPANY
a corporation duly organized under the laws of the State of
as Surety, hereinafter called the Surety, are held and firmly bound unto
(Here insert full name and address or legal title of Owner)
CITY OF LUBBOCK
as Obligee, hereinafter called the Obligee, in the sum of
5% NOT TO EXCEED:
_ THREE THOUSAND NINE HUNDRED NINETY NINE & NO/100Dollars($ 3,999.00 ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
(Here insert full name, address and description of project)
IRRIGATION SYSTEM FOR MUNICIPAL HILL
INSTALLATION OF AN AUTOMATIC SPRINKLER SYSTEM
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain
in full force and effect.
Signed and sealed this 11th day of APRIL 19 91
(Principal) (Seal)
(Witness)
(Title)
EAGLE INSURANCE C MPANY
(Sure�"'S"Jmo- "w —1 M ) k , (Seal)
(wit ess)
WAYMOND L TFOOT ATT N —IN—FACT
AIA DOCUMENT A310 • BID BOND • AIA ®• FEBRUARY 1970 ED • THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006
(THIS PAGE LEFT BLANK INTENTIONALLY)
To be attached to Bond No. JRLS-503
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Eagle Insurance Company,
a company domiciled in Texas, having its principal office in San
Antonio,Texas pursuant to the following resolution, adopted by
the Board of Directors of the said Company on April 27, 1987 to
wit:
"The Chairman, Managing director or Secretary
shall have authority, severally, to,ma.ke, execute,
and deliver a power of attorney constituting as
Attorneys -in -fact such persons, firms or corporations
as such officers may select from time to time."
THEREFORE, the undersigned hereby make, constitute and appoint
Waymond Lightfoot its true and lawful Attorney -in -fact, with full
power and authority hereby conferred in its name, place and
stead, to sign, execute, acknowledge and deliver in its behalf
and as its act and deed as follows:
Limited on behalf of the Company to the sum USS500,000
in its business and in accordance with its charter, to
bird Eagle Insurance Company thereby, and all of the act
of said Attorney -in -fact, pursuant to these presents are
hereby ratified and confirmed.
In Witness Whereof, Eagle Insurance Company has caused these
presents to be signed by its Chairman, Director or Secretary and
its Corporate Seal to be hereto affixed.
EAGLE INSURANCE COMPANY
Chairman/Managing Director/
Secretary
CERTIFICATE
I, the undersigned, Secretary/Director of Eagle Insurance
Company, DO HEREBY CERTIFY that the foregoing and attached Power
of Attorney and Certificate of Authority remain in full force and
has not been revoked; and, furthermore, that the Resolution of
the Board of Directors, as set forth in the Certificate of
Authority, is now in force.
Signed and sealed at San Antonio,. Texas this 11th day of
APRIL 1991.
%6,L-r tary/Direct
THIS IS CERTIFICATE NO: PAB FOR POWER OF ATTORNEY
(THIS PAGE LEFT BLANK INTENTIONALLY)
PAYMENT BOND
-13-
(THIS PAGE LEFT BLANK INTENTIONALLY)
THE AMERICAN INSTITUTE OF ARCHITECTS
BOND CHECK
'I
BESI WING
t_;Ci-_�iS�D N EXAS
Dail E r s' 13Y
JRLS-504
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
J.R.'S LANDSCAPING & SPRINKLER SYSTEM
P.O. BOX 2332
LUBBOCK, TEXAS 79408
OWNER (Name and Address):
CITY OF LUBBOCK, TEXAS
1625 13th STREET
SURETY (Name and Principal Place of Business):
EAGLE INSURANCE COMPANY
P.O. BOX 790868
SAN ANTONIO, TEXAS 78279
LUBBOCK, TEXAS
CONSTRUCTION CONTRACT
Date: JUNE 14, 1991
Amount: $79,980.00-------------------------------------------------------------
Description (Name and Location): MUNICIPAL HILL IRRIGATION SYSTEM
BOND
Date (Not earlier than Construction Contract Date): JUNE 14, 1991
Amount: $79,980.00----------------------------------------------------------------
Modifications to this Bond: &I None ❑ See Page 6
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
J.R.'S LANDSCAPING & SPRINKLER SYSTEM
Signature: � 9, .`
Name and Title: Joe Ramirez, Ownex
(Any additional signatures appear on page 6)
SURETY
Company: (Corporate Seal)
EAGLE INSI&ANCE COMPANY
Signature:
Name and Title:
WAYMOND LIGHTFOOT ATTORNEY- JACT
i
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4
THIRD PRINTING • MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademark laws and Is subject to legal p a cutlon.
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2 With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims,
if any, under any Construction Performance Bond. By
the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
ity to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
or to related subcontracts, purchase orders and other
obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA6
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON, D.0 20006
THIRD PRINTING - MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution.
A312-1984 5
-- Bond shall be construed as a statutory bond and not as a
Construction Contract, architectural and engineering
common law bond.
services required for performance of the work of the
14 Upon request by any person or entity appearing to be a
Contractor and the Contractor's subcontractors, and
all other items for which a mechanics lien may be
i potential beneficiary of this Bond, the Contractor shall
asserted in the jurisdiction where the labor, materials
promptly furnish a copy of this Bond or shall permit a copy
or equipment were furnished.
to be made.
15.2 Construction Contract: The agreement between
15 DEFINITIONS
the Owner and the Contractor identified on the sig-
15.1 Claimant: An individual or entity having a direct
nature page, including all Contract Documents and
contract with the Contractor or with a subcontractor of
changes thereto.
the Contractor to furnish labor, materials or equip-
15.3 Owner Default: Failure of the Owner, which has
ment for use in the performance of the Contract. The
neither been remedied nor waived, to pay the Con -
intent of this Bond shall be to include without limita-
tractor as required by the Construction Contract or to
tion in the terms "labor, materials or equipment' that
perform and complete or comply with the other terms
part of water, gas, power, light, heat, oil, gasoline,
thereof.
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Joe Ramirez, Owner Name and Title:
Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20D06 A312-19N 6
THIRD PRINTING • MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademark laws and Is subject to legal prosecution.
(THIS PAGE LEFT BLANK INTENTIONALLY)
To be attached to Bond No. JRLS-504
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Eagle Insurance Company,
a company domiciled in Texas, having its principal office in San
Antonio,Texas pursuant to the following resolution, adopted by
the Board of Directors of the said Company on April 27, 1987 to
wit:
"The Chairman, Managing director or Secretary
shall have authority, severally, to make, execute,
and deliver a power of attorney constituting as
Attorneys -in -fact such persons, firms or corporations
as such officers may select from time to time."
THEREFORE, the undersigned hereby make, constitute and appoint
Waymond Lightfoot its true and lawful Attorney -in -fact, with full
power and authority hereby conferred in its name, place and
stead, to sign, execute, acknowledge and deliver in its behalf
and as its act and deed as follows:
Limited on behalf of the Company to the sum USS500,000
in its business and in accordance with its charter, to
bird Eagle Insurance Company thereby, and all of the act
of said Attorney -in -fact, pursuant to these presents are
hereby ratified and confirmed.
In Witness Whereof, Eagle Insurance Company has caused these
presents to be signed by its Chairman, Director or Secretary and
its Corporate Seal to be hereto affixed.
EAGLE INSURANCE COMPANY
airman/Managing Director/
Secretary
CERTIFICATE
I, the undersigned, Secretary/Director of Eagle Insurance
Company, DO HEREBY CERTIFY that the foregoing and attached Power
of Attorney and Certificate of Authority remain in full force and
has not been revoked; and, furthermore, that the Resolution of
the Board of Directors, as set forth in the Certificate of
Authority, is now in force.
Signed and sealed at San Antonio, Texas this _ 14th day of
JUNE 1991.
e r tary/Direct
THIS IS CERTIFICATE NO: PAB FOR POWER OF ATTORNEY
(THIS PAGE LEFT BLANK INTENTIONALLY)
PERFORMANCE BOND
-16-
(THIS PAGE LEFT BLANK INTENTIONALLY)
THE AMERICAN INSTITUTE OF ARCHITECTS
POND CHECK
BEST RATING
LICENSED IN TEXAS
_. DATf��A 'I/— /BY
JRLS-504
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
J.R. 'S LANDSCAPING & SPRINKLER SYSTEM
P.O. BOX 2332
LUBBOCK, TEXAS 79408
OWNER (Name and Address):
SURETY (Name and Principal Place of Business):
EAGLE INSURANCE COMPANY
P.O. BOX 790868
SAN ANTONIO, TEXAS 78279
CITY OF LUBBOCK, TEXAS
1625 13th STREET
LUBBOCK, TEXAS
CONSTRUCTION CONTRACT
Date: JUNE 14, 1991
Amount: $79,980.00--------------------------------------------------------------------
Description (Name and Location): MUNICIPAL HILL IRRIGATION SYSTEM
BOND
Date (Not earlier than Construction Contract Date): JUNE 14, 1991
Amount: $79,980.00--------------------------------------------------------------------
Modifications to this Bond: Y None ❑ See Page 3
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
J.R.'S LANDSCAPING & SPRINKLER SYSTEM
Signature:
Name and Title: pe Ranirezr Owner
SURETY
Company: (Corporate Seal)
EAGLE INSU NCE COMPA Y
Signature:
9 o
Name and Title: U t
WAYMOND LIGHTFOOT ATTORNEY -IN -FACT
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY —Name, Address and Telephone)
— AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA q
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING - MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution.
A312-1984 1
I The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail -
ALA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA a
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW_ WASHINGTON, D.C. 20006 A312-1984 2
THIRD PRINTING • MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution.
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con -
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: �C—""1� Signature:
Name and Title: 6e Ramirez , Owner Name and Title:
— Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA :p`
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3
THIRD PRINTING - MARCH 1987
WARNING: Unlicensed photocopying violates U.S. trademark laws and Is subject to legal prosecution.
(THIS PAGE LEFT BLANK INTENTIONALLY)
To be attached to Bond No. JRLS-504
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Eagle Insurance Company,
a company domiciled in Texas, having its principal office in San
Antonio,Texas pursuant to the following resolution, adopted by
the Board of Directors of the said Company on April 27, 1987 to
wit:
"The Chairman, Managing director or Secretary
shall have authority, severally, to make, execute,
and deliver a power of attorney constituting as
Attorneys -in -fact such persons, firms or corporations
as such officers may select from time to time."
THEREFORE, the undersigned hereby make, constitute and appoint
Waymond Lightfoot its true and lawful Attorney -in -fact, with full
power and authority hereby conferred in its name, place and
stead, to sign, execute, acknowledge and deliver in its behalf
and as its act and deed as follows:
Limited on behalf of the Company to the sum USS500,000
in its business and in accordance with its charter, to
bird Eagle Insurance Company thereby, and all of the act
of said Attorney -in -fact, pursuant to these presents are
hereby ratified and confirmed.
In Witness Whereof, Eagle Insurance Company has caused these
presents to be signed by its Chairman, Director or Secretary and
its Corporate Seal to be hereto affixed.
EAGLE INSURANCE COMPANY
airman/Managing Director/
Secretary
CERTIFICATE
I, the undersigned, Secretary/Director of Eagle Insurance
Company, DO HEREBY CERTIFY that the foregoing and attached Power
of Attorney and Certificate of Authority remain in full force and
has not been revoked; and, furthermore, that the Resolution of
the Board of Directors, as set forth in the Certificate of
Authority, is now in force.
Signed and sealed at San Antonio, Texas this _14th day of
JUNE 19 91. Q r/
e rlel tary/Direct
THIS IS CERTIFICATE NO: PAB FOR POWER OF ATTORNEY
(THIS PAGE LEFT BLANK INTENTIONALLY)
CERTIFI`aTE OF INSURANCE
-19-
(THIS PAGE LEFT BLANK INTENTIONALLY)
CERTIFICATE OF INSURANCE ISSUE DATE (MWDWYY)
6/21./91
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EX-
TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COBB INSURANCE AGENCY COMPANIES AFFORDING COVERAGE
PO BOX 61.58
LUE:;E;OCK TX 79993 COMPANY
CODE SUB -CODE
LETTER . .. A .C-IMR- ON INS.LJI'AN( T_ C(.1
.__ ._ .._._ ..- _....._ ...._-_ _._.___
COMPANY
INSURED
LETTER
JR r S
LANDSCAPING
COMPANY
LAWN
SPIRINE: I.NS1
LETTER
C
P 0
EI O X 23322
COMPANY
LUBBOCK
TX 79108 LETTER
D
COMPANY
LETTER
E
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW
HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN-
DICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER-
TIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLU-
SIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER
LTR
POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
DATE (MM.%DD/YY) DATE (MMiDD/YY)
G l_ A 5 1. 2 1. 6 6 2
6 i l.1-T91:-- - ': / 1. i 9 6 0 _
GENERAL LIABILITY
a_ GENERAL AGGREGATE
X COMMERCIAL GENERAL LIABILITY
PRODUCTS . COMP/OPS AGGREGATE
CLAIMS MADE OCCUR.
PERSONAL & ADVERTISING INJURY 300
OWNER'S & CONTRACTOR'S PROT.
EACH OCCURRENCE 300
•
FIRE DAMAGE (Any one fire) 50
MED. EXPENSE (Any one person) J
AUTOMOBILE LIABILITY
COMBINED
SINGLE
ANY AUTO
LIMIT
ALL OWNED AUTOS
BODILY
INJURY
SCHEDULED AUTOS
(Per person)
HIRED AUTOS
BODILY
INJURY
NON -OWNED AUTOS
(Per accident)
GARAGE UABILITY
PROPERTY
DAMAGE
EXCESSLIABILITY
EACH AGGREGATE
OCCURRENCE
OTHER THAN UMBRELLA FORM
STATUTORY
WORKER'S COMPENSATION - - - - -
LEACH ACCIDENT)
AND
(DISEASE — POLICY LIMIT)
EMPLOYER'S LIABILITY
(DISEASE —EACH EMPLOYEE)
OTHER
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
CITY OF LUBBOCK' MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
1625 13 T H 131' LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LUBBOCK TX 7 9 4 O 1 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
m
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I KU%.11 I14JVKtAIV`111I..0 CAt..r1A1V'.7C
INTERIM CERTIFICATE AS TO EVIDENCE OF INSURANCE
,w frr,INt.,wiw f„r
THIS IS NOT AN INSURANCE POLICY. THIS IS ONLY A VERIFICATION OF INSURANCE. IT DOES NOT IN ANY WAY AMEND', EXTEND OR ALTER THE
COVERAGE PROVIDED BY THE POLICIES LISTED BELOW.
Named
Insured Joe Ramirez dba: JR's Landscaping & Sprinkler Systems
Address 1717 Ave. K, Ste. #205 Policy N' Gen. Liab.
• Lubbock, Tx, 79405 Agent Policy #cAuto Liab.
.I Policy N - CARGO
This is to certify that policies for the above named insured are in force as follows:
Policy N - Work Comp,
This Interim Certificate As To Evidence of Insurance shall expire sixty days from 12 01 AM,
6-19 , 19-U, unless cancelled prior to such date by written notice to the named insured.
M t Please issue n PPrmnnPnt C'artifirntP
OWNED
AUTO-
MOBILES,
IF
COVERED
COVERAGE
COMBINED LIMITS OF LIABILITY
COVERED
NOT IL
COVERED LIABILITY
®
❑
Owned
Bodily Injury
$ 250 000 each person
❑
®
Hired
$
500 000 each occurrence
❑
Q
Non -Owned
Employer's Non -Ownership
Property Damage
$ 100 000 each occurrence
El
®
Contingent Liability
Single Limit Liability for Coverages checked ® above
$
000 each occurrence
GENERAL LIABILITY
M&C - OLT
Bodily Injury
$
000 each person
Owners & Contractors
$
000 each occurrence
❑
❑
Contractual *
$
000 annual aggregate
products * * *
Elevators
Property Damage
$
each occurrence
❑
El
Products and/or
,000
annual aggregate
Completed Operations
,OOO products***
Single Limit Liability for Coverages checked ® above
$
,000 each occurrence
$
'000 annual aggregate
products * * *
❑
CARGO
$
000 each vehicle
$
000 each occurrence
❑
❑
WORKERS'
Statutory
y
* Includes Goods or Products warranty, Written Lease of 11remises, Casement Agreement, Municipal Urchnance
Agreement, Sidetrack Agreement, Elevator or Escalator Maintenance Agreement only, unless accompanied by
specific endorsement providing additional Contractual Coverage.
Described De,c,phon
1 ❑ below ❑ waived
1 YEAR, MAKE, TYPE OF BODY, LOAD CAPACITY I IDENTIFICATION NUMBER
' 81 GMC Trk . 2 ton
#273
LAST :
DIGIT!
SHOW
Umbrella Liability $ 000 retained limit
POLICY NUMBER $ each occurrence
$ aggregate
If this Interim Certificate As To Evidence Of Insurance is to be cancelled prior to the expiration date, we shall
provide 10 days advance notice in writing to whom this certificate is issued.
CRIBBS INSURANCE AGENCY
Additional Insured is the same as the Certificate holder: 3323 82ndSTREET
Certificate issued to: LUBBOCK, TX 79423
Name City of Lubbock Purchasing Dept. PHONE:793-2425
Address P.O. Box 2000
• Lubbock, Tx. 79457
Countersigned L d 2
* *Not Applicable in Texas.
Authorized Representative
* * * In Texas the aggregate also applies to owners and contractors protective, contractual and/or completed operations.
5G-0514 12-86 1501 2001ST PRINTED IN U S A. ( M
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To be attached to Bond No. JRLS-504
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Eagle Insurance Company,
a company domiciled in Texas, having its principal office in San
Antonio,Texas pursuant to the following resolution, adopted by
the Board of Directors of the said Company on April 27, 1987 to
wit:
"The Chairman, Managing director or Secretary
shall have authority, severally, to make, execute,
and deliver a power of attorney constituting as
Attorneys -in -fact such persons, firms or corporations
as such officers may select from time to time."
THEREFORE, the undersigned hereby make, constitute and appoint
Waymond Lightfoot its true and lawful Attorney -in -fact, with full
power and authority hereby conferred in its name, place and
stead, to sign, execute, acknowledge and deliver in its behalf
and as its act and deed as follows:
Limited on behalf of the Company to the sum USS500,000
in its business and in accordance with its charter, to
bird Eagle Insurance Company thereby, and all of the act
of said Attorney -in -fact, pursuant to these presents are
hereby ratified and confirmed.
In Witness Whereof, Eacle Insurance Company has caused these
presents to be signed by its Chairman, Director or Secretary and
its Corporate Seal to be hereto affixed.
EAGLE INSURANCE COMPANY
airman/Managing Director/
Secretary
CERTIFICATE
I, the undersigned, Secretary/Director of Eagle Insurance
Company, DO HEREBY CERTIFY that the foregoing and attached Power
of Attorney and Certificate of Authority remain in full force and
has not been revoked; and, furthermore, that the Resolution of
the Board of Directors, as set forth in the Certificate of
Authority, is now in force.
Signed and
JUNE
sealed at San Antonio, Texas this _14th day of
— 1991.
e r tary/Direct
THIS IS CERTIFICATE NO: PAB
FOR POWER OF ATTORNEY
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t
LANDSCAPING
�.
1717 Ave. K. Suite 205
Mobile: Lubbock, Texas 79405
Fax
(806)789-2325 (806)765-0720 (806)744-2914
June 25, 1991
City of Lubbock
P. O. Box 2000
Lubbock, TX 79457
Attention Mr. Ron Shuffield
Dear Mr. Shuffield:
Reference: Project No. 11257
IRRIGATION SYSTEM FOR MUNICIPAL HILL
In compliance to your request, I am furnishing the following
items for your approval: Five contract documents signed and dated,
performance and payment bonds, and certificates of insurance.
Please note that a certificate for our workman compensation
coverage is not enclosed. We will furnish this information to you
as soon as it is made available to us.
If you have any further questions reqarding this matter, please
do not hesitate to call me at 806-765-0720.
Sincerely,
J.R.'S LANDSCAPING & SPRINKLER SYSTEMS
Joe Ramirez, Owner
mr
Enclosures
Five contracts
Performance and payment bonds
Certificates of insurance
JR's LANDSCAPING
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CONTRACT
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CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 13th day of June, 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 J.R.'s Landscaping & Sprinkler System 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 #11257 - IRRIGATION SYSTEM FOR MUNICIPAL HILL PROJECT IN THE AMOUNT OF 579,980.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance and other accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the 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.
CITY OF LUBBOCK, TEXAS (OWNER)
c
By: `
Secret ry MAYOR
ATTEST:
Corporate Secretary
J.R.'s LANDSCAPING & SPRINKLER
CONTRACTOR
L
TITLE �(�1�1G lit —
COMPLETE ADDRESS:
1717 AVENUE K, SUITE 205
Lubbock, TX 79405
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GENERAL CONDITIONS OF THE AGREEMENT
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GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall
be understood to mean the person, persons, co -partnership or corporation, to -wit: J.R.'s LANDSCAPING &
SPRINKLER SYSTEM , 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 Owner's Representative or representative is used in this contract, it shall be understood
as referring to JERRY SMITH, DIRECTOR OF BUILDING SERVICES, City of Lubbock, under whose supervision these
contract documents, including the plans and specifications, were prepared, and who 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 Owner's Representative, but shall 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
to the Owner's Representative.
Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their 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 all such cases, any question of the
fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
character of the work.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor
for performance of work on the project contemplated by these contract documents. Owner shall have no re-
sponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
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by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments —
due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent
certified mail to the last business address known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and
all other facilities necessary for the execution and completion of the work covered by the contract docu-
ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be
of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and
quality of materials. Materials or work described in words which so applied have well known, technical or
trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract 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 laying out all work and
shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative
will check the Contractor's layout of all major structures and any other layout work done by the Contractor
at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly
Locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract 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.
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13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence-
ment of the work contemplated by these contract documents or the completion of the work contemplated by
these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's
Representative to comply with this requirement, but such suspension will be as brief as practical and Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks,
etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him,
"— his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa-
tive at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review all work included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all
cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this
contract. He shall determine all questions in relation to said work and the construction thereof, and
shall, in all cases, decide every question which may arise relative to the execution of this contract on the
part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent
to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the
Contractor to receive any money under this contract; provided, however, that should Owner's Representative
render any decision or give any direction, which in the opinion of either party hereto, is not in accordance
with the meaning and intent of this contract, either party may file with said Owner's Representative within
30 days his written objection to the decision or direction so rendered, and by such action may reserve the
right to submit the questions so raised to arbitration as hereinafter provided. it is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc-
tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there-
from shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela-
tive to the execution of the work or the interpretation of the contract, specifications and plans. Should
the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint
from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative
may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that
said material is furnished and said work is done in accordance with the specifications therefore. The Con-
tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors
or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey
the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when
such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate
engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's
Representative for his decision.
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16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and
shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all
satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by
competent and reasonable representatives of the Contractor is essential to the proper performance of the
work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or
any subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na-
ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate-
rials to be encountered, the character of equipment and facilities needed preliminary to and during the
prosecution of the work, and the general and local conditions, and all other matters which in any way effect
the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of
the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or
obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish same, and it is also understood that Owner shall not be held responsible for the care, preservation,
conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it
is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure
shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob-
servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall
be approved by the Owner's Representative and their use shall be strictly enforced.
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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 law or the contract documents.
If any work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work
which fails to meet the requirements of any such tests, inspections or approval, and any work which meets
the requirements of any such tests or approval but does not meet the requirements of the contract documents
shall be considered defective. Such defective work shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections,
tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with
the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work
for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as un-
suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after
receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re-
build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur-
ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part
thereof, either before or after the beginning of the construction, without affecting the validity of this
contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the
basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in-
crease the amount of work, and the increased work can fairly be classified under the specifications, such
increase shall be paid according to the quantity actually done and at the unit price established for such
work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In
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case the Owner shall make such changes or alterations as shall make useless any work already done or mate-
rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, except as provided under Changes and Alterations herein.
It is agreed that the Contractor 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 sum; 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 (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this para-
graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as
foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and
equipment, for the time actually employed or used on such extra work, plus actual transportation charges
necessarily incurred, together with all expenses incurred directly on account of such extra work, including
Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's
Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or
Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts
of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's
Representative. The Owner's Representative may also specify in writing, before the work commences, the
method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin-
ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of
Equipment and Ownership Expenses adopted by the Associated General Contractors of America. where practical,
the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work
order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and 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 shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In
case any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre-
sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what
does or does not constitute extra work or as to the payment therefore, and the Owner's Representative in-
sists upon its performance, the Contractor shall proceed with the work after making written request for
written order and shall keep adequate and accurate account of the actual field cost thereof, as provided
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 sums in his proposal to
complete the work in accordance with these plans and specifications. It is further understood that any re-
quest for clarification must be submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are 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 shall, if so ordered in writing, increase his force or equipment, or both, to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention
in Construction" of Associated General Contractors of America, except where incompatible with federal, state
or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem-
nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or
claims of any character whatsoever, brought for or on account of any injuries or damages received or sus-
tained by any person or persons or property, on account of any negligent act or fault of the Contractor or
any subcontractor, their agents or employees, in the execution and supervision of said contract, and the
project which is the subject matter of this contract, on account of the failure of Contractor or any subcon-
tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment
with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as
an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be
given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized to transact business in the State of Texas and shall cover all operations in connection with this
contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided
covering the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor 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 loss) naming the City of Lubbock as insured.
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E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella liability Insurance in the amount of
($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages.
The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at least $100,000 limit.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
offered as evidence of compliance with the above insurance requirements, signed by an authorized
representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne
by such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the
date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named in-
sured at the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in
or cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT
AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness
within five (5) days after demand is made, then Owner may, during the period for which such indebtedness
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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 shall pay all royalties and license fees, and shall provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or
copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that
Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is 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 local laws, ordinances and
regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor or his employees. if the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, 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 $50.00 (FIFTY DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the
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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.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica-
bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from
current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this
contract.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and
in such manner as shall be most conductive to economy of construction; provided, however, that the order and
time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in
accordance with this contact, the plans and specifications, and within the time of completion designated in
the proposals; provided, also, that when the owner is having other work done, either by contract or by his
own force, the Owner's Representative may direct the time and manner of constructing work done under this
contract so that conflicts will be avoided and the construction of the various works being done for the
` Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
» schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at
which the Contractor will start the several parts of the work and estimated dates of completion of the sev-
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 -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written justification as may be required by Owner's Representative
for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. Should the Contractor disagree with the action of City Council on granting an extension of
time, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
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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 shall 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 let on a unit price basis, then Owner and Contractor agree that this contract,
including the specifications, plans and other contract documents are intended to show clearly all work to be
done and material to be furnished hereunder. Where the estimated quantities are shown for the various
classes of work to be done and material to be furnished under this contract, they are approximate and are to
be used only as a basis for estimating the probable cost of the work and for comparing their proposals of-
fered for the work. It is understood and agreed that the actual amount of work to be done and the materials
to be furnished under this contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of work done
and materials furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any
way encountered, which may be injured or seriously affected by any process of construction to be undertaken
under this agreement, from any damage or injury by reason of said process of construction; and he shall be
Liable for any and all claims for such damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims
for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all
work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity
with the specifications and stipulations herein contained, the owner agrees to pay the Contractor the price
set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor
hereby agrees to receive such price in full for furnishing all materials and all labor required for the
aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the
whole thereof in the manner and according to this agreement, the attached specifications, plans, contract
documents and requirements of Owner's Representative.
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 amount thereof, which 5%
shall be retained until final payment, and further, less all previous payments and all further sums that may
be retained by owner under the terms of 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 substantially 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 shall certify same to the Owner, who shall pay to the Contractor on or be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the
certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve
the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract 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
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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 shall 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 fail to
choose an arbiter within ten (10) days, the owner's Representative shall 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 shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ-
ing and shall not be open to objection on account of the form of proceedings or award.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or-
ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or
-- the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to
complete the work and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any
rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as
provided for under paragraph 24 of this contract); it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided
for within ten (10) days after service of such notice, then the Owner may provide for completion of the work
in either of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup-
plies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged
shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at
any time become due to the Contractor under and by virtue of this Agreement. In case such expense
is less than the sum which would have been payable under this contract, if the same had been com-
pleted by the Contractor, then said Contractor shall receive the difference. in case such expense
is greater than the sum which would have been payable under this contract, if the same had been com-
pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by 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 shall be and remain bound therefore. However, should the cost to complete any such new
contract prove to be less than that which would have been the cost to complete the work under this
contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified
and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be
issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as
being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or
his Surety, or the owner as the case may be, shall pay the balance due as reflected by said statement within
30 days after the date of certificate of completion.
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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 fail to pay the amount due the owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the
work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that
actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date
of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net
sun 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.
-39-
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
work, shall be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au-
thority to direct, supervise, and control his own employees and to determine the method of the performance
of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob-
serve Contractor's work during his performance and to carry out the other prerogatives which are expressly
reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at
any time change or effect the status of the Contractor as an independent contractor with respect to either
the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or
corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and
at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
-40-
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CURRENT WAGE DETERMINATIONS
-41-
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• �; Resolution #2502
• January 8, 1987
Agenda Item #18
DGV:da
QGC01 IITTOKI
-- WHEREAS, the City Council has heretofore established the general --
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
_ to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
.contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
— and purposes: .
Exhibit A: Building 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
rate of per diem wages in all localities where public works are undertaken
-- on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January 1987.
B.C. McMINN, MAYOR
_ TTE
�r c%
Ranettc-Boyd, City Secretary
APPROVED TO ONTENT: APPROVED AS TO FORM -
Do 1 P yne, D rector of Building �IdG.iver, First
Services 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
Hourlv Rate
$11.60
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
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourlv Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
t
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate. .
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.1 1/2 times base rate.
SPECIFICATIONS
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SECTION 1AO
M
GENERAL
RELATED DOCUMENTS:
The general provisions of the Contract, including General and
Supplementary Conditions and other General Requirements sections, apply
_. to the work specified in this section.
DESCRIPTION OF REQUIREMENTS:
-- Scope of Project: Contractor to supply all supervision, perform all
work, and furnish all labor, materials, equipment, and incidentals
necessary to fully and properly install an automatic irrigation system
as described in the plans and specifications. All construction and
other work shall be completed in accordance with materials mfrs.
recommendations for installation and workmanship and also in accordance
with all governing codes and ordinances.
QUALITY ASSURANCE:
Contractor shall take all precautions necessary to protect all existing
trees, shrubbery, sidewalks, buildings, vehicles, utilities, etc., in
the area of the work. The Contractor shall re -build, 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.
— Contractor shall take all necessary precautions to assure the safety of
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.
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.
Special Conditions: Owner is to provide metal raintight box for
controller. ontractor is to mount box into concrete slabs as noted on
plans. Contractor will then mount irrigation controller firmly into
box and connect lightning arrester. Rigid conduit is to be used by
Contractor to run power from source to controller. PVC will not be
accepted for conduit. Conduit and placement is to conform to city
regulations.
SUMMARY OF WORK 1AO-1
Contractor shall provide and install one each concrete vaults for the
three 3" double check valves. Concrete vaults shall meet the following
specifications:
2-piece box (walls & top).
4'-6" x 6'-0" x 4'-0" outside dimensions
Minimum wall thickness of 4"
Concrete top to include, as an integral part, a 60 pound cast iron
manhole lid and ring
Concrete top thickness of 6"
All concrete construction shall consist of 4500 psi concrete; #4,
grade 60 rebar, 8" o.c. each wall.
End wall knockouts shall be offset on center to accommodate double
check valve assemblies and a maximum of 18" x 24" on both ends.
The manhole shall be offset over knockouts and to the downstream
end of the vault.
Contractor shall provide and install one housing for 3/4" double check
valve. Valve housing shall meet the following specifications:
Brooks 1324 Series, or approved equal.
18" depth
Non -bolt down type cover
8" depth bottom extensions as required to extend housing to the
depth of the valve.
END OF SECTION
SUMMARY OF WORK 1AO-2
SECTION 2G5
LANDSCAPE IRRIGATION SYSTEM
GENERAL
RELATED DOCUMENTS:
The general provisions
Supplementary Conditions
._ to the work specified.
SCOPE OF THE WORK:
of the Contract, including General and
and other General Requirements sections, apply
To furnish all material, equipment, labor, and supervision necessary to
provide complete installation of an automatic sprinkler system at
Municipal Hill Operations Center, 600 Municipal Drive, Lubbock, Texas.
QUALITY ASSURANCE:
Qualifications of Bidder -Licensing: Bidder shall be a registered
Contractor and be a licensed irrigation installer in the State of Texas
or from the state where Contractor is based. Out of state licensing
shall only be acceptable if the licensing state shares reciprocity with
Texas. License will be verified by City staff prior to issuance of
building permit. A licensed irrigator or install shall be on the job
site at all times irrigation work is in progress.
Bidder shall have satisfactorily completed a minimum of three (3)
comparable size automatic systems and be prepared to provide written
references from each.
Owner reserves the right to reject any bid if bidder is not qualified
based on the above given criteria.
Codes and Standards: Bidder to conform to all local, state, and
federal codes and ordinances.
Discrepancies: It is the intent of this contract that all work must be
done and all material must be furnished in accordance with the
generally accepted practice of the area, and in the event of any
discrepancies between the plans and specifications arise or doubts as
to the meaning and intent of any portion of the contract, the Owner
shall define which is intended to apply to the work.
SITE CONDITIONS:
Examination of the Site: Bidder shall visit the project site and
compare drawings and specifications to actual site. Failure to do so
will in no way relieve the successful Bidder from the responsibility of
completing the project in accordance to project specifications at no
additional cost to the Owner.
LANDSCAPE IRRIGATION SYSTEM 2G5-1
Utilities: Contractor's attention is directed to the fact that other
underground utility lines may exist that Owner is not aware of. It is
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.
Water Supply: Meter or other water source to be supplied by
Owner. Contractor is responsible for hook-up from meter to
system.
Electrical Power Supply: Power to the meter box to be installed
y Owner. Owner will set the meter box. Contractor shall run
power to the controller. Contractor must satisfy City of Lubbock
electrical codes for hook-up. Contractor is required to have a
licensed electrician provide the electrical hook-ups.
Bores (if applicable): Contractor is responsible for bores and
s eeving necessary to go under city streets to provide any utility
service to the project site. Bored holes shall be of the smallest
diameter which will permit installation of encasement pipe. Pipe
sleeving under city streets shall be 16 gage smooth steel pipe
with a minimum wall thickness of one -quarter (1/4) inch.
Irrigation lines crossing sidewalks shall be sleeved with PVC
pipe. Pipe to be large enough for irrigation pipe and conduit for
electrical control wires (if necessary).
Field Quality Control:
Responsibility of Materials: Contractor shall be responsible for
all materials furnished by him and shall replace at his own
expense all material found to be defective in mfr. or if it has
become damaged in handling after shipment.
Responsibility of Property: Contractor shall be responsible for
the protection and preservation of all plant material,k monuments,
and structures during installation. Any damage shall be repaired
or replaced by Contractor at his own expense to the satisfaction
of the Owner.
All trenching or any excavation is to be no less than six (6) feet
from the trunk of any plant material. If questions arise,
Contractor shall contact Owner for clarification.
Barricades and Protective Measures: Contractor shall be responsible
or the protection of un inis ed work. Contractor shall, at his own
expense, furnish and erect such barricades, fences, lights, and danger
signals, and shall take such other precautionary measures for the
protection of persons, property, and the work as may be necessary.
LANDSCAPE IRRIGATION SYSTEM 2G5-2
The Contractor will be held responsible for all damage to the work due
to failure of barricades, signs, and lights to protect it, and when
damage is incurred, the damaged portion shall be immediately removed
and replaced by Contractor at his own cost and expense. The
Contractor's responsibility for maintenance of barricades, signs, and
lights shall not cease until the date of issuance to Contractor of
City's certificate of acceptance of the project.
MR.M661FAI 9
Maintenance Materials: At completion of job, Contractor shall furnish
spare parts, special tools, and equipments required to operate and
maintain the system.
Maintenance Data: For information only, submit 2 copies of mfr's
technical data and installation instructions for the landscape
-- irrigation system. Transmit a copy of each instruction to the
Installer.
Shop Drawings: Submit shop drawings for landscape irrigation system
including plan layout and details illustrating location and type of
heads, valves, piping circuits, controls, and accessories.
Project Record Document: Contractor shall prepare an "as -built" plan
of system after final check. Work to be done on vellum paper with
legend describing symbols for equipment. "As -built" plans shall be
accurate. Inaccurate plans will not be accepted. Final payment will
not be made until "as -built" plan is submitted to Architect.
PRODUCTS
Performance of Specified Material: All specifications given for
materials are based on the performance of the equipment. THis is to
insure the integrity and proper hydraulics that the system is designed
for. If bid material does not conform to given performance
specifications, the bid will be rejected by Owner based on grounds that
-- proper function of system could not be maintained by using equipment
that does not meet the performance specifications required.
All material to be new, unused, and current.
All material must be a standard product of a mfr.
Contractor shall provide performance records to verify equipment
capabilities.
MATERIALS:
LANDSCAPE IRRIGATION SYSTEM 2G5-3
PVC Pipe: All polyvinyl chloride pipe extending from the remote
control valves to the sprinkler heads shall be class 200 SDR21
unplasticized polyvinyl chloride, Type I, Grade I, except when using a
pump. When using a pump, refer to the following chart. All polyvinyl
chloride pipe extending from the water meter locations to the
individual remote control valves shall be schedule 40 unplasticized
polyvinyl chloride.
PIPE
SIZE CHART
Pipe Size
Schedule/Class
1/ 2"
200
3/ 4"
200
1"
200
1 1/ 4"
200
1 1/ 2"
200
2"
40
2 1/ 2"
40
3"
40
4"
40
6"
200
(USE ONLY WITH PUMP)
All pipe must have mfr's markings clearly printed on them during
installation.
All class 200 pipe must conform to ASTM D 2241. All schedule 40 and 80
pipe must conform to ASTM D 1785.
All piping under four (4) inches shall be solvent weld.
All piping over four (4) inches shall utilize belled ends or belled
couplings using rubber gaskets in twenty (20) foot laying lengths.
All fittings for 4" or larger mainline shall be epoxy coated steel.
PVC Fittings: Schedule 40 fittings must conform to ASTM D 2466.
Schedule 80 fittings must conform to ASTM D 2464. All threaded
fittings must be schedule 80.
SWING JOINTS:
Nipples: Schedule 80 with molded threads on both ends. (unless
specified otherwise in construction details)
Elbows: Sched. 80 FIPT x FIPT.
Schedule: Sched. 40.
Valves: Double check with double gate valves (backflow prevention)-
9-1T ins 3" or approved equal.
LANDSCAPE IRRIGATION SYSTEM 2G5-4
Two independently operated spring -loaded poppet type check valves.
Two gate valves shall be designed to meet requirements of
foundation of cross connection control and hydraulic research;
AWWA Standard C-506. They shall have non -rising stems. Provide
valves with square valve operator type handle.
— Maincase shall be epoxy coated inside and outside and consist of
four test cocks which provide for in -line testing and maintenance.
r Stainless steel springs and corrosion resistant materials shall be
used through -out.
Install double check valve with brass unions of appropriate size
before and after valve.
Double check with double gate valves (backflow prevention) - Wilkins
3/4" or approved equal.
Two independently operated spring -loaded poppet type check valves.
Two gate valves - screw type.
Maincase shall be epoxy coated inside and outside and consist of
four test cocks which provide for in -line testing and maintenance.
Stainless steel springs and corrosion resistant materials shall be
used through -out.
Install double check valve with brass unions of appropriate size
— before and after valve.
Quick Coupler Valves (Rainbird 44RC or approved equal).
Single lug, 2 piece body, heavy cast bronze.
Standard cover.
Installed with min. 10" diam. concrete doughnut. (for 1", 1 1/2",
2" valves). Doughnuts shall be installed flush with finished
ground level and shall not shift when walked upon.
Section Valve (W eather-matic 8024BCR-30 3", Weather-matic 8024BBCR-20
2", or approved equal).
Direct burial, remote control electric valve normally closed.
Solenoid - Waterproof molded epoxy resin construction having no
carbon steel components exposed.
-' Actuator - Stainless steel enclosed in a watertight protection
capsule with a molded in place rubber exhaust port seal. Spring
shall be stainless steel.
Diaphragm - Dual ported, made of nylon reinforced Buna-N rubber.
LANDSCAPE IRRIGATION SYSTEM 2G5-5
Flow adjustment system.
Cold water working pressure - 150 psi.
Bronze body and cover with stainless steel cover bolts.
Locate a minimum of 12" from the main line trench.
VALVE BOXES:
Double Check Valves: Supplied by Contractor - see section Special
Conditions of these specifications #2 and #3 for details.
To be installed by Contractor.
Section Valves (for elec. automatic systems): Lock -in green lid with
cover lift holes (rectangular, lid shall have snap lock tab closure).
Black lower body with pipe slot - 2 1/2" x 4" (2 sides).
Minimum Dimensions: 17" x 11 3/4" x 12" deep, molded plastic.
SPRINKLER HEADS:
Specified Head #1: Toro 644-02 44 or approved equal, 360 deg.
Body: Non -corrosive cycolac and stainless steel construction.
Gear -driven, pop-up design. 2 3/8" pop-up to nozzle, 1" NPT
female thread inlet.
55' radius at 40 psi with 16.7 GPM. Maximum working pressure-
150 psi.
Height: 9".
All inside parts to have vandal -resistant slide -lock positioning.
Precipitation rate: .51"/hr.
Specified Head #2: Toro 642-02-44 or approved equal. 180 deg.
Body: Non -corrosive cycolac and stainless steel construction.
Gear -driven, pop-up design. 2 3/8" pop-up to nozzle, 1" NPT
female thread inlet.
55' radius at 40 psi with 16.7 GPM. Maximum working pressure-
150 psi.
Height: 9".
All inside parts to have vandal -resistant slide -lock positioning.
Precipitation rate: 2.04"/hr.
LANDSCAPE IRRIGATION SYSTEM 2G5-6
Specified Head #3: Toro 641-02-44 or approved equal.
Body: Non -corrosive cycolac and stainless steel construction.
Gear -driven, pop-up design. 2 3/8" pop-up to nozzle, 1" NPT
female thread inlet.
55' radius at 40 psi with 16.7 GPM. Maximum working pressure-
150 psi.
Height: 9".
All inside parts to have vandal -resistant slide -lock positioning.
Precipitation rate: 2.04"/hr.
Specified Head #4: Toro 644-02-43 or approved equal. 360 deg.
Body: Non -corrosive cycolac and stainless steel construction.
Gear -driven, pop-up design. 2 3/8" pop-up to nozzle, 1" NPT
female thread inlet.
56' radius at 40 psi with 13.2 GPM. Maximum working pressure-
" 150 psi.
Height: 9".
All inside parts to have vandal -resistant slide -lock positioning.
Precipitation rate: .39"/hr.
Specified Head #5: Toro 642-02-43 or approved equal. 180 deg.
Body: Non -corrosive cycolac and stainless steel construction.
Gear -driven, pop-up design. 2 3/8" pop-up to nozzle, 1" NPT
female thread inlet.
56' radius at 40 psi with 13.2 GPM. Maximum working pressure-
150 psi.
Height: 9".
All inside parts to have vandal -resistant slide -lock positioning.
-- Precipitation rate: 0.78"/hr.
Specified Head #6: Toro 641-02-43 or approved equal. 90 deg.
Body: Non -corrosive cycolac and stainless steel construction.
Gear -driven, pop-up design. 2 3/8" pop-up to nozzle, 1" NPT
female thread inlet.
LANDSCAPE IRRIGATION SYSTEM 2G5-7
56' radius at 40 psi with 13.2 GPM. Maximum working pressure-
150 psi.
Height: 9".
All inside parts to have vandal -resistant slide -lock positioning.
Precipitation rate: 0.95"/hr.
Specified Head #7: Rainbird 1802-PRS-15F or approved equal.
Built-in stem pressure regulator to regulate pressure
independently of nozzle gallonage. Provide flow restriction and
cut water loss if nozzle is removed or damaged.
Pressure activated wiper seal. Extra strength, stainless steel
retract spring. 1/2" female threaded inlets. 2 1/5" exposed
diam. Regulates nozzle pressure to 30 psi. WAter loss limited to
4 GPM if nozzle is removed. Bottom inlet.
Precipitation rate: 1.83"/hr at a pressure of 30 psi for 15'
radius and 3.70 GPM flow
Specified Head #8: Rainbird 1802-PRS-15H or approved equal.
Built-in stem pressure regulator to regulate pressure
independently of nozzle gallonage. Provide flow restriction and
cut water loss if nozzle is removed or damaged.
Pressure activated wiper seal. Extra strength, stainless steel
retract spring. 1/2" female threaded inlets. 2 1/5" exposed
diam. Regulates nozzle pressure to 30 psi. WAter loss limited to
4 GPM if nozzle is removed. Bottom inlet.
Precipitation rate: 1.83"/hr at a pressure of 30 psi for 15'
radius and 1.85 GPM flow.
Specified Head #9: Rainbird 1802-PRS-15Q or approved equal.
Built-in stem pressure regulator to regulate pressure
independently of nozzle gallonage. Provide flow restriction and
cut water loss if nozzle is removed or damaged.
Pressure activated wiper seal. Extra strength, stainless steel
retract spring. 1/2" female threaded inlets. 2 1/5" exposed
diam. Regulates nozzle pressure to 30 psi. WAter loss limited to
4 GPM if nozzle is removed. Bottom inlet.
Precipitation rate: 1.83"/hr at a pressure of 30 psi for 15'
radius and 0.93 GPM flow
Specified Head #10: Rainbird 1802-PRS-15F or approved equal.
LANDSCAPE IRRIGATION SYSTEM 2G5-8
Built-in stem pressure regulator to regulate pressure
independently of nozzle gallonage. Provide flow restriction and
cut water loss if nozzle is removed or damaged.
Pressure activated wiper seal. Extra strength, stainless steel
retract spring. 1/2" female threaded inlets. 2 1/5" exposed
diam. Regulates nozzle pressure to 30 psi. WAter loss limited to
4 GPM if nozzle is removed. Bottom inlet.
Precipitation rate: 2.32"/hr at a pressure of 20 psi for 12'
radius and 3.00 GPM flow
Specified Head #11: Rainbird 1802-PRS-15H or approved equal.
Built-in stem pressure regulator to regulate pressure
independently of nozzle gallonage. Provide flow restriction and
cut water loss if nozzle is removed or damaged.
Pressure activated wiper seal. Extra strength, stainless steel
retract spring. 1/2" female threaded inlets. 2 1/5" exposed
diam. Regulates nozzle pressure to 30 psi. WAter loss limited to
4 GPM if nozzle is removed. Bottom inlet.
Precipitation rate: 2.32"/hr at a pressure of 20 psi for 12'
radius and 1.50 GPM flow
Specified Head #12: Rainbird 1802-PRS-15Q or approved equal.
Built-in stem pressure regulator to regulate pressure
independently of nozzle gallonage. Provide flow restriction and
cut water loss if nozzle is removed or damaged.
Pressure activated wiper seal. Extra strength, stainless steel
-" retract spring. 1/2" female threaded inlets. 2 1/5" exposed
diam. Regulates nozzle pressure to 30 psi. WAter loss limited to
4 GPM if nozzle is removed. Bottom inlet.
Precipitation rate: 2.32"/hr at a pressure of 20 psi for 12'
radius and .075 GPM flow
Specified Head #13: Rainbird 1812-PRS-8F or approved equal.
Built-in stem pressure regulator to regulate pressure
-- independently of nozzle gallonage. Provide flow restriction and
cut water loss if nozzle is removed or damaged.
Pressure activated wiper seal. Extra strength, stainless steel
retract spring. 1/2" female threaded inlets. 2 1/5" exposed
diam. Regulates nozzle pressure to 30 psi. Water loss limited to
4 GPM if nozzle is removed. Optional side or bottom inlet.
Precipitation rate: 2.26"/hr at a pressure of 20 psi for 8'
radius and 1.30 GPM flow
-- LANDSCAPE IRRIGATION SYSTEM 2G5-9
Specified Head #14: Rainbird 1812-PRS-8H or approved equal.
Built-in stem pressure regulator to regulate pressure
independently of nozzle gallonage. Provide flow restriction and
cut water loss if nozzle is removed or damaged.
Pressure activated wiper seal. Extra strength, stainless steel
retract spring. 1/2" female threaded inlets. 2 1/5" exposed
diam. Regulates nozzle pressure to 30 psi. Water loss limited to
4 GPM if nozzle is removed. Optional side or bottom inlet.
Precipitation rate: 2.26"/hr at a pressure of 20 psi for 8'
radius and .065 GPM flow
Specified Head #15: Rainbird 1812-PRS-8Q or approved equal.
Built-in stem pressure regulator to regulate pressure
independently of nozzle gallonage. Provide flow restriction and
cut water loss if nozzle is removed or damaged.
Pressure activated wiper seal. Extra strength, stainless steel
retract spring. 1/2" female threaded inlets. 2 1/5" exposed
diam. Regulates nozzle pressure to 30 psi. Water loss limited to
4 GPM if nozzle is removed. Optional side or bottom inlet.
Precipitation rate: 2.26"/hr at a pressure of 20 psi for 8'
radius and 0.33 GPM flow
Specified Head #16: Toro 570C-FB-25-PC or approved equal.
Body: Cycolac construction.
Stainless steel retraction spring, pop-up design. 1/2" NPT female
threaded bottom inlet.
CONTROLLERS:
Central Controller:
Weather-matic Mark 224 or approved equal.
24 stations. Solid-state timer - variable from 0 to 99 minutes on
each station in 1-minute increments. Battery back-up to retain
program and clock time for 60 minutes if power fails (requires two
NiCd rechargeable batteries).
Electricity - Input - 115 V. AC.
output surge protectors.
Size: Approx. 11"w x 17" h x 8.5"d.
Output - 24 V AC., input and
Housing: Raintight, urethane coated heavy -gage steel, with a
hinged cover having two side toggle latches and cylinder lock.
LANDSCAPE IRRIGATION SYSTEM 2G5-10
Lighting Arrestors with Grounding Rods: Both arrestors and lightening
rods to be installed at controller by Contractor.
Ground rods - copper coated steel using copper coated or bronze
one piece clamps.
Control Wiring: All 24 volt wiring to be 12 AWG-annealed copper, Baron
U , 600 voTt—,--FVC coated UL approved direct burial.
_- All wire to be single stranded, one wire for each electric valve
and a common wire. All control wires to be installed at minimum
depth of 18" and directly alongside any pipe if the same ditch is
used.
MISCELLANEOUS EQUIPMENT:
Wire Connectors: Provide moisture -proof connection for underground
wiring, Copper crimp sleeves must be used inside moisture -proof
connectors to secure wires.
PVC Solvent and Primer: Solvent used on PVC pipe shall be of type
approved by both the m r. of the pipe and mfr. of fittings.
Primer shall be type approved in same fashion and shall be color
tinted.
-- Thrust Blocks: Concrete "ready -mix" - 3,000 psi in 28 days with 3
number 3 re- ar installed. To be placed at all angles and terminal
ends of 6" pipe. To be placed at all angles (90's, 45's, tees) and at
terminal ends of pipe. (Refer to Thrust Block detail) Thrust blocks
must be installed against the pipe and extend to an undisturbed
vertical wall of the trench.
EXECUTION
Handling of Materials: Contractor shall exercise care in handling,
--loading, and unloading of all equipment. All PVC pipe, fittings, and
other equipment shall be adequately covered and protected from the
elements. Pipe and fittings also shall be transported in such a
fashion as to be protected from excessive bending and from external,
concentrated load at any point.
Trenching: To have straight, flat bottoms and of sufficient depth for
-- sprinkler bead and operable swing joint.
Depth: 4" pipe or smaller - 18" minimum cover.
Pipe larger than 4"- 24" minimum cover.
Pipe pulling is not acceptable.
Laying of PVC Pipe: Pipe to be snaked from side to side of trench
bottom to allow for expansion and contraction of pipe.
LANDSCAPE IRRIGATION SYSTEM 2G5-11
All foreign matter to be removed from inside of pipe prior to jointing.
Keep clean during laying operations by means of plugs or other approved
methods. All lumber, rubbish, and large rocks shall be removed from
the trenches. Pipe shall have firm, uniform bearing for the entire
length of each pipe line to prevent uneven settlement.
When trench is cut through rock or rock ground, the pipe must be bedded
three inches on all sides with approved sand. Do not lay pipe in
water, or when trench or weather conditions are unsuitable for work.
Install PVC pipe in dry weather when temperature is above 40 degrees F
in strict accordance with mfr's instructions. Allow joints to cure at
least 24 hours at temperatures above 40 deg. F before testing, unless
otherwise recommended by mfr.
Use dielectric fittings at connection where pipes of dissimilar metal
are joined.
When work is not in progress, securely close open ends of pipe fittings
so that no trench water, earth, or other substance will enter pipes or
fittings. Take up and re -lay any pipe that has the grade or joint
disturbed after laying.
Fittings at bends in the pipe line and at ends of lines shall be firmly
wedged against the vertical face of the trench, but not against rock.
Thrust blocks to be used.
Make joints in all screwed fittings by applying teflon tape on male
threads. Use of teflon dope is prohibited. Only schedule 80 pipe and
fittings may be threaded. Where threaded PVC connections are required,
use threaded PVC adapters. There shall be no less than nine (9) inches
of pipe between any two fittings.
No cross tees or street ells are to be used at any time.
On cut pipe, all burrs to be removed, tees and pipe to be cleaned, and
primer and solvent applied as to standard application process. After
pipe has been solvent weld, do not apply water pressure for a minimum
of twenty four hours.
All pipe shall be installed so that mfr's markings are facing the up
position.
Excess PVC Solvent shall be removed from joints before drying to
prevent pipe weakening. Pipe connections made with excess solvent will
be accepted.
Pipes laid in the same ditch shall be laid side by side with a min. of
4" of clearance between the pipes.
LANDSCAPE IRRIGATION SYSTEM 2G5-12
The Architect must be given twenty-four hour notice before pipe
trenches are covered so that he may be present for inspection. After
pipe system has been inspected and approved, trenches may be closed.
SYSTEM DESIGN:
Design Presures: As indicated on drawings, at connection to building
system and at last head in circuit.
Location of heads: Design location is approximate. Make minor
adjustments as necessary to avoid plantings and other obstructions.
Minimum Water Coverage: Turf areas, 95%. Other planting areas, 85%.
Layout may be modified, if necessary to obtain coverage, to suit Mfrs
standard heads. Do not decrease the number of heads indicated unless
otherwise acceptable to the Architect.
INSTALLATION
General: Unless otherwise indicated, comply with requirements of the
Uniform Plumbing Code.
Connection to Main: Connect to existing building piping in location
indicated.
Maintain uninterrupted water service to building during normal working
hours. Arrange for temporary water shut-off with Architect.
Backflow Preventer: Provide union on downstream side. Install union
set below grade.
Water Hammer Arrester: Install between connection to building main and
_. circuit valves, insi a building or in valve box as indicated.
Piping: Lay pipe on solid subbase, uniformly sloped without humps or
depressions.
For circuit piping, slope to drain valve at least 112" in 10' of
run.
Installation of Valves (gate, double check, and section valves):
Install all new valves deep enough sot at valve box lid will be fus
to existing surface. Install a double check valve with brass unions
before and after valve as shown on detail.
After installing valves and valve boxes, backfill hole with pea gravel
up to bottom of valve.
Quick coupler valve to be installed on double swing joint as specified
on plans and in detail. Top to be flush with finish grade.
LANDSCAPE IRRIGATION SYSTEM 2G5-13
Sprinkler Heads: All sprinkler heads to be installed at spacing
indicated on p ans and to installed on double swing joint assemblies as
indicated on plans and details.
Install heads so that top of head is slightly above ground level to
allow for settling. All sprinkler heads to be set to proper arc by
Contractor.
All heads to be installed six inches from back of curb, building or
fence (when applicable).
Flushing: The mainline and valves will be
u wor ing pressure must be used to
system the two valves the greatest distance
be opened. On any other configuration of
each mainline will be opened for flushing.
24 hours notice before flushing begins
inspections. After mainlines have been
lateral lines may be installed.
flushed after installation.
flush all lines. On a loop
from the water source will
mainline, the last valve on
The Architect must be given
so they may be present for
inspected and flushed the
The lateral lines will be flushed just prior to head installation.
Flushing procedure will consist of pointing all swing joints away from
ditch line to prevent contamination. The next step is to open the
valve with full working pressure and begin capping each swing joint
with a threaded cap, beginning with the swing joint the greatest
distance from the valve. 24 hours notice must be given to Architect
for inspection.
Flush pipes until free of all rock, dirt, trash, pipe shavings and
debris.
Leakage Test: After pipe is laid, line to be pressurized and all air
expelled from line at highest point of each section.
Each line to be inspected for leaks. Any joints showing leaks shall be
repaired and any cracks or defective pipes or fittings shall be removed
and replaced with good material.
Backfill: Trenches to be backfilled with the excavated earth from
trench work. All rocks and debris to be removed and no item larger
that 2" diam. to be placed back in trench. Backfill is to be compacted
and flooded to settle trench. Contractor shall add more backfill if
needed to brink trenches to existing grade.
Controller: Contractor to locate controller as indicated on plans.
Contractor to install a 18" x 18" concrete slab, 4" thick flush to
ground. Owner will provide and Contractor will install pre -fabricated
metal raintight box to install controller in. Contractor will install
grounding rod through concrete slab.
LANDSCAPE IRRIGATION SYSTEM 2G5-14
Contractor shall install rigid conduit from edge of slab, ell up
through and attache to controller box. One conduit for power source;
one conduit for common/section wires.
Power wire conduit to be 3/ 4" diam. rigid conduit to meet city code.
One duplex plug shall be installed in the controller box.
Wiring: Control wires from controller to valves shall be laid in
sprinkler line trenches (if applicable -wiring to be installed along
wiring route on plan).
Control wires to be taped together every 20 feet along trench.
Expansion loops shall be made every 50 foot length of wire run by
wrapping at least 5 turns of wire around a 1" rod or pipe, then
withdraw the rod.
All wire connections or splicing work shall have moisture proof
connectors, and their location must be denoted on the as -built plan.
_- Contractor shall minimize amount of splices.
Common valve wiring shall be white through entire system. Section
valve wires shall each be a separate color up to nine different colors.
Each section must maintain consistent color from controller to valve.
White wire may no be used as section wire.
Lightning Arrestors and Rod: A lightning arrestor and rod shall be
installed at each controller—. The rod shall be installed by the
Contractor and placed within the concrete slab below the controller.
Rod shall be copper coated steel, min. 8' long and 5/8" diam. and have
a min. resistance of 25 OHMS or less. Rod to be connected to
controller by a copper coated or bronze one piece clamp.
Wire used to connect controller to lightning rod shall be 6 gage solid
copper wire or one ga. larger than power wires, whichever is largest.
INSPECTION/ACCEPTANCE:
Preliminary Inspection: When all initial installation is done and all
incidentals necessary to the proper function of the system is done,
Contractor shall request Architect and Owner to walk through system and
visually check the operation of the system. At this time Architect,
r' Owner and Contractor will discuss repairs that may need to take place.
Final Inspection: After preliminary inspection has taken place and all
corrections and repairs have been completed by the Contractor to the
Architect's satisfaction, Contractor, Owner and Architect will again
walk through system to check operations. This procedure will be
repeated until system operates to Owner and Architect's satisfaction.
At this time, Owner will accept system from Contractor. An acceptance
form will follow from Owner to Contractor.
LANDSCAPE IRRIGATION SYSTEM 2G5-15
CLEAN UP:
Removal of Site Debris: Contractor shall make final clean-up of all
parts of work, remove all construction material and equipment, prepare
site in an orderly and finished appearance, and remove from site any
rock or extra dirt that resulted from this work and restore site to its
original condition.
WARRANTY:
Guarantee: Contractor shall comply with the following:
Make all needed repairs or replacements due to defective
workmanship or material for exactly one (1) year following date of
final acceptance.
Be responsible for all expenses necessary for repairs and
replacements.
Pay all expenses incurred in Contractor fails to act upon a
request from Owner for repairs to system. If Contractor fails to
do work within ten (10) days after request has been made by Owner,
Owner will proceed with repairs and charge all expenses to
Contractor.
Pay for expenses incurred to project due to vandalism prior to
final acceptance.
Owner shall:
Pay for all expenses incurred due to vandalism after final
acceptance.
END OF SECTION
LANDSCAPE IRRIGATION SYSTEM 2G5-16
SPECIAL CONDITIONS
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f
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
806-767-2167
June 17, 1991
J.R.'s Landscaping &
1717 Avenue K, Suite
Attn: Joe Ramirez
Lubbock, TX 79405
Sprinkler System
205
SUBJECT: IRRIGATION SYSTEM FOR MUNICIPAL HILL
Office of
Purchasing
The City of Lubbock, having considered the proposals submitted and
opened on the 12th day of April, 1991, for work to be done and materials
to be furnished in and for:
City of Lubbock Bid # 11257
IRRIGATIO SYSTEM FOR MUNICIPAL HILL
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 June 13, 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 LUBBOCK
Gene Eads, C.P.M.
Purchasing Manager
GE/mf
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