Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolution - 4712 - Contract - Western Tower - Radio Tower & Equipment Shelter - 01_26_1995
Resolution No. 4712 January 26, 1995 Item #10 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Western Towers of San Agnelo, Texas to furnish and install all materials as bid for the Radio Tower and Equipment Shelter for the City of Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of January 1995. ATTEST: Betty M. Johnson, Vity Secretary APPROVED AS TO CONTENT: Victor Kilnian, Purchasing Manager APPROVED AS TO FORM: Assistant City Attorney DGV:dplQkcdocs\Radio.Res January 17, 1995 CITY OF LUBBOCK SPECIFICATIONS FOR RADIO TOWER AND EQUIPMENT SHELTER BID #13066 top-" CITY O UBBOCK Lubbock, Texas I City of Lubbock P.O. box 2000 Lubbock. Texas 7J457 606-767-2167 MAILED TO VENDOR CLOSE DATE: BID #13066 — RADIO TOWER AND EQUIPMENT SHELTER ADDENDUM # 1 Office of Purchasing October 5,1994 October 11,1994 at 2 P.M. The following items take precedence over drawings and specifications for the above named project Where any item called for in the bid documents is supplemented here, the original requirements, not affected by the addendum, shall remain in ei%ct 1. Please add the following additional information to Section 1.2 of the Tower Specifications. The initial antenna loading is: One Transmit Antenna Located at the top of tower. Weight 68 lb. Length 8 & Diameter 6-5/8 in. Wind Load 3 & Squared Coax Cable 1-1/4 in. .66 lb per & One Receive Antenna Located 20' down from top of tower. Weight 68 lb. Length 8 & Diameter 6-5/8 in. Wind Load 3 8. Squared. Coax Cable 7/8 in. .33 lb. per & Two Scada Antennas Located near the top of tower. Weight 9 lb. Height 13.5 in. i r C r r r r Width 42 in. Depth 17 in. Wind Load 2 R. Squared. Coax Cable (two runs) 7/8 in. .33 lb. per & 2. Please add the following additional information to.Section 5.0 (Appurtenances) of the Tower Specifications. The following appurtenances are required a 12" wide covered wave guide bridge, lighting equipment, conduit for lighting equipment, transmission line hangers, climbing ladder, and an anti -climbing device. 3. Please add the following additional information to Section 6.1 (Loading) of the Tower Specifications. The 150 mph is gust wind speed at the top of tower. This wind is a survival value. 4. Please add the following additional information to Section 6.2 (Loading) of the Tower Specifications. The ice load should be applied with reduced wind pressure. S. Please add the following additional information to Section 10.3 (Grounding) of the Tower Specifications. A guyed tower is preferred over a self-supporting tower. All requests for additional information or classification concerning this bid should be submitted in writing and directed to Laura Ritchie, Buyer. PLEASE RETURN ONE COPY WITH YOUR BID THANK YOU, Laura Rib. -hie Buyer City of Lubbock P.O. Box 2000 Lubbock, Texes 7J457 806-767-2167 MAILED TO VENDOR: CLOSE DATE: NEW CLOSE DATE: BID #13066 — RADIO TOWER AND EQUIPMENT SHELTER ADDENDUM # 2 Office of Purchasing October 11,1994 October 11,1994 at 2 P.M: October 18, 1994 at 2 P.M. The following items take precedence over drawings and specifications for the above named project. Where any item called for in the bid documents is supplemented here, the original requirements, not affected by the addendum, shall remain in cffect. 1. Please change the bid closing date from: Tuesday, October 11, 1994 at 2:00 p.m. to Tucsdav, October 19,1994 at 2:00 p.nr. 2. Please return by fax the attached information sheet upon receipt of this addendum, regarding your intent to bid upon this project. All requests for additional information or classification concerning this bid should be submitted in writing and directed to Laura Ritchie, Buyer. THANK YOU, C'k Laura Ritchie Buyer PLEASE RETURN ONE COPY WITH YOUR BID BID #13066 - RADIO TOWER AND EQUIPMENT SHELTER INFORMATION SHEET Company Name: Address: Phone: 1. YES, I plan on submitting a bid for Bid # 13066, Radio Tower and Equipment Shelter. 2. NO, I will not be submitting a bid, due to the following reason(s): Please complete and fax this sheet to the attention of Laura Ritchie (806)767-2164, upon receipt of this addendum. Office of Purchasing �^ City of Lubbock P.O. Box 2000 Lubbock, Texes 79457 606-767-2167 MAILED TO VENDOR: October 14,1994 CLOSE DATE: October 18,1994 at 2 P.M. NEW CLOSE DATE: November 1, 1994 at 2 P.M. BID #13066 — RADIO TOWER AND EQUIPMENT SHELTER ADDENDUM # 3 Ile following items take precedence over drawings and specifications for the above named project. Where any item called for in the bid documents is supplemented here, the original requirements, not affected by the addendum, shall remain in effect. 1. Please note the TIME AND ORDER FOR COMPLETION for the above referenced project has been increased to 120 (One Hundred Twenty) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 2. Please note the LIQUIDATED DAMAGES for the above stated project has been decreased to S100.00 (One Hundred) Per Day. 3. Please submit your bid on the enclosed revised bid form which reflects the above stated changes. '4. Please change the bid closing date from: Tuesday, October 19, 1994 at 2:00 p.m. to Tuesday. November 1,1994 at 2:00 p.m. All requests for additional information or classification concerning this bid should be submitted in writing and directed to Laura Ritchie, Buyer. PLEASE RETURN ONE COPY WITH YOUR BID F THANK YOU, G� L� i/11.c-c, " dL Laura Ritchie Buyer CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: RADIO TOWER AND EQUIPMENT SHELTER ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13066 PROJECT NUMBER: 9547.9226 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID PROPOSAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITIONS NOTICE OF ACCEPTANCE NOTICE TO BIDDERS NOTICE TO BIDDERS BID 013066 Sealed bids addressed to Laura Ritchie, Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 11th day of October, 1994, 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: RADIO TOWER AND EQUIPMENT SHELTER 4P& After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 27 th day of October,1994, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond 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 prior, 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 G' k for the City of Lubbock, Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 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. 7 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a pre bid conference on 4th day of October, 1994, at 10:00 o'clock am., in the Purchasing Conference Room L-04, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting. CITY OF LUBBOCK WOT uj-. LAURA RITCHIE BUYER ADVERTISEMENT FOR BIDS BID #13066 Sealed bids addressed to Laura Ritchie, Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock n,m. on the 11th day of October,1994, 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: RADIO TOWER AND EQUIPMENT SHELTER After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and publicly read aloud. The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. II, 1 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 r" 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 F not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a prebid conference on the 4th day of October,1994, at 10:00 a.m., in the Purchasing Conference Room y L-04„ 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting. CITY OF LUBBOCK X ttJ1L0`c�u,Q. LAURA RITCHIE BUYER GENERAL INSTRUCTIONS TO BIDDERS PW m r GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the Radio Tower and Equipment Shelter. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. THAE AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 30 (Thirty) consecutive 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 t" reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. F 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 wkdch the Contractor has been notified. 7. MATERIALS AND WORKMANSHIP it ;f The intent of these contract documents is that only materials and workmanship of the best quality and grade will be irMk furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor it of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract rdocuments provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. r 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost a PM and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. a In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all 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 notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. P�, (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 awe and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). 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 following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. BID PROPOSAL 17 r. F"! F BID PROPOSAL LUMP SUM PROPOSAL CONTRACT PLACE: San Angelo, TX 76903 a DATE: October 17, 1994 PROJECT NUMBER: 13066 - RADIO TOWER AND EQUIPMENT SHELTER Proposal of W. L. Andeuon, Inc. VBA Weatenn Towena To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: (hereinafter called Bidder) The Bidder, in compliance with your invitation for bids for the construction of a 300' Radio ToweA, Radio equipment Shetten and aaaoci.ated grounding, Jenee and eivit wonk. having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BID ITEM I - EQUIPMENT SHELTER: MATERIALS: Inctu.dea grounding, Jenee and civ.c,P. wonk (S 31, 518. 00 ) SERVICES: (I; 15, 368. 00 I TOTAL BID (ITEM I): ($ 45, 886. 00 ) BID ITEM H - TOWER: - MATERIALS: Tower and aaaembty handwane (S21,464.00 ) SERVICES: (S 15, 033. 00 ) TOTAL BID (ITEM II): (y 36, 385. 00 ) F i MATERIALS: (S 52, 982. 00 ) x SERVICES: In taUation, bond, Jneig t, eng.ineehing, etc. _(a 30,401.00 ) E TOTAL BID (ITEMS 1 & 2): (s 80. 383. 00 ) E (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) r" 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 30 (Thirty) 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 $250.00 (TWO HUNDRED FIFTY DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabcve 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 instruction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. ' The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. 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. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (S% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check for FouA zhouaa.nd-gave hundit.ed- 6cu t.teen r" Dollars ($4 51t 4.00) or a Proposal Bond in the sum of _ Dollars " which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise:, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. E (Seal if Bidder is a Corporation) ATTEST: 1. Secretary W. L. Andmon, Inc/Wedtenn Towm Contractor BY:W. L. Andeuon r f i' LIST OF SUBCONTRACTORS l I. Tower Maintenance Seuicea, Inc. C2. GFRC She.etex6, Inc. r3. Hampco Construction C.. 4, American Tower t t S. Panhandle Fence 6. Undetermined local material suppliers 7. 8 9. r 10. Minority Owned Yes No XX XX XX XX XX XX PAYMENT BOND BOND NO.. 014001124 PREMIUM $2,411.00 STATUTORY PAYMENT BON) PLRMSUANr TO ARTICLE 5160 OF THE REVLSM CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 17 WILBUR L. ANDERSON, INC. `' ` IMW ALL MEN By jTWSE ppMENTS, that DBA: WESTERN TOWERS OwthmAer uAW the Principal(s), as r• Principal(s), and AMWEST SURETY INSURANCE COMPANY r� (herdrratter Ef���� Y baand m:to flee City ofLubbocic 0=cizmAcr Called the Obligee), In am the ount of ars (S80 , 383 • Ug lawU money of thc: United States far the payment whereK the aW Principal and Surety bind themselves, anti their heirs, administrum cxwuta.rz� swots and assigns, jointly and mvcmuy, firmly by these 1 mi' s- - WHEREAS, the Fritwe pal has tmterW into a certain written contract with the Obligee. dated the 26THday of JANUARY .19-2 r, to RADIO TOWER AND EQUIPMENT SHELTER CONTRACT NO.: 13066 --LUBBOCK- TEXAS ^, and said Principal under the late is required before conuncocing the work provided for In said contract to execute a bond in the amouzz af said contract which couttact is hereby referred to and made a part hereof as fully and to the t ns iicopied nt kngthh=in. NOW, THEREFOM THE CONDMON OF Tl-IIS OBLIGATION IS SUM that if the said Principal shall pray all C41inu= sapplying labor and materhd to him or a subcontractor in the prasecntion of the work prodded for in said e=aw;t� then, this obligation sho be YaK otherwise to rCmen in full force and cf ect; PROVIDED, HOWEVER, Butt this bond is executed pursuant to the prmjsions of Article 5t60 of the Revised CMil Statates of Texas as amended by Acts of the 56th Legislature Regular Session, 1959, and all liabilities an this bond slrsll be determined In accordance with the previsions of eaid Article to the same extent as if it were copied at length herein. IN WrrNF S WEMEOF, the said Princpal (s) and Surety (s) have signed and sealed this instxurne nt this 13TH day of FEBRUARY 19 95 . AMWEST SURETY INSURANCE COMPANY Surey 4sy- critL- BECKY WSON ATTORNEY -IN -FACT BOND CHECK F11 BESTRATING—A.__ ucENSED IN DATEgy t WILBER L. ANDERSON, INC. DBA: WESTERN TOWERS Ptftrcfpst {Title) (Title) By: Cry) 10-07-1994 11:59AM P.©3 q The undersigned surej company represents that R is duly qualified to do bust= in Teaas, and hareby ddgnstes � xET,LY J . BROOKS as agent resident in Lubbock Comfy to whom any requisite notices may be delivered and on whom service r of process may be Lad in mautss aging apt of such swdyft. fi AMWEST SURETY INSURANCE COMPANY Surety 70 N.E. LOOP 410, SUITE A50 SAN ANTONIO, TEXAS 78214 (i'rtle) Y J . BROOKS 4 RESIDENT AGENT Apprmed as to farm: LICENSE NO. 013161 r r City of ty Altcrncy • Note If signed by on cM=r of the Surety Company thenc num be on file a cerdf ed cd= from the by-lm Showing that this person has authority to sign such oblige 6m It signed by an Attorney is Fact, we must bane copy of power of attoruey for oar files. TOTAL P.iO P.10 10-07-1994 12:02PM 7 N DT VALID FOR BONDS POWER NUMBER XECUTEO ON OR AFTER 0398035-58 C 9-21-95 KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California corporation (the"Company"), does hereby make, constitute and appoint: BECKY LAWSON AS AN EMPLOYEE OF AMWEST SJRETY INSURANCE CCMPAhY a its true and lawful Attorney -in -Fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: Bid Bonds up to $**1,000,000.00 Contract (Performance & Payment), Court, Subdivision $**1,000,000.00 i c ense & Permit Bonds up to $**1,0 00,0 00.0 0 Miscellaneous Bonds up to $$*1,000,000.00 Small Business Administration Guaranteed Bonds up to $*#1,250,000.00 and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. CERTIFICATE I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant provisions of the By -Laws of the Company, are now in full force and effect. ►d number 014001124 Signed and sealed this 13TH day of YE ARRARY ig 95 JG7. Karen G. Cohen, Secretary 0000398035 - 58 COMPLAINT NOTICE SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR ABOUT A CLAIM THAT YOU HAVE FILED, WRITE TO THE COMPANY THAT ISSUED THE BOND. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE TO: r THE STATE BOARD OF INSURANCE P.O. BOX 149091 AUSTIN, TX 78714-9091 FAX NO. (512) 475-1771 THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART r OR CONDITION OF THIS BOND. F. PERFORMANCE BOND po 6J 1 � ��" 1 J V � i1.Jf� a.�� 1 ar J � • v�.0 �r wOM�f r s tali �.J. ••�'R st Se�R�t.Se x.a"'s!'�I�.rf�Y^..a£."e"''ii�iTieiY.y iitd:':i�. e ` BOND NO.: 014001124 PREMIUM : $2,411.00 THIS BOND SUPERCEDES PREVIOULSY ISSUED BOND NO. 014001124 STATUTORY i5a OF THE REVISED CIVIL STATUTES OF TEXAS AS AHMED BY I ACTS OF THE 56TH LEGISLATURE, REGULAR. SESSION 1959 KNOW ALL MEN BY UMM PRESENTS, that (hercinaft called the Prindpal(s), as Principal(s), And r fJILBUR L. ANDERSON, INC. DBA• WE+MRN TOWRRS, AS PRTNrTPAI- AND f AMWEST SURETY INSURANCE OaKPANY (hucivafte: are held and firmlybound unto the City ofLubbock (heminaRes called tier Obligee), to the amount of (Z 80 , 38 _0awful money of the United States faz the paynteat srhCrco:C the said Principal awW Spray bind d msdvm and their heir, administrator, csrartots, snxessors MW asstgns, Jointly and severally. firmly by these presenm w , the Principal has entered Into a eettain tvrMen cor4ract with the Obligee; dated ihd:26T&y of JANUARY . I9.Vto _RADIO TOWER AND FOUTPMENT RHFT.TFR CONTRACT NO.s 13066 LUBBOCK, TEXAS and Bald principal under the law is mqu fired befate commencing the work provided for {n said courr= to caecue a bond in the amount of said contract which contract is hereby rcfi=d to and trade a part hereof as fully and to the same exzmt as if copied at Length hacia. NOW, THEREFORE, TH$ CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the nmrk in atxasdar= with the plans, specifieziduu and eontrad documents, then this obligation shalt be t+oid; otherwise to rCmain in full forte and cMu3 PROVIDED, HOVMNTR. that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th I.egi hbuc, regular session 1959, and all liabilities on this bated shall be determined in accordance with the provisions of said udde to the tame extent as If it were copied at length herein- r- IN VM NESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this hmftnueat thisl3THay of FEBRUARY _ .19 95. WILBUR L. ANDERSON, INC. AMWEST SURETY INSURANCE COMPANY Suzety — Crdlc) BECKY LA ON ATTORNEY —IN —FACT BOND CHECK BEST RATING --- r LICENSED ITeys- TrT DATE.— r- f t DBA: WESTERN TOWERS Princi`Principal/��/ f BY''C�� {title) By-1 t'Fitlel By: c ice) 10-07-1994 12:OiPM P.07 The undersigned smetp comp=y sepmeum that it is duty qualified to do bus[ = bi Texas. and hereby dcdgnates KELLY J . BROOKS an agcnt u silent is Lubbock County to whom m7 requist a anti= mop be dchvcmd and on wbom scrvicc of process may be had in mattes arising out of much mess whip. AMWEST SURETY INSURANCE COMPANY' Snrety 70 N.E. LOOP 410 i SUITE 450 'J 782-11 ire) Y J . BROOKS Approved as to Form RESIDENT AGENT LICENSE NO. 013161 CitY of t..ubbock 1 ity Attorney *Note U signed by an offi= of the Surdy Company, there must becm fiie a oe Mcd c tmct from. the by4m showing that this i person has authority to sign sack obligation. If signed by as Attorney in Fact; we cmrst have calf of power of & mmey for our 1 r ffi--07-1994 12: 01PM P.08 CERTIFICATE OF INSURANCE fi Er1i1��r�/. Ilr �AI�I C5R D9* DATEmnM/Daml ....................:..... . MK 03/14/95 REDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I, Insurance Agency, Inc- HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Box 2689 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. �An Angelo TX 76902 COMPANIES AFFORDING COVERAGE .'mes Smith COMPANY !''lS-655-6702 A Tx Workers Comp Ins. Fund INSURED COMPANY r^ B Southern County Mutual COMPANY Western Towers C American Livestock Ins. Co. r, Box 2040 COMPANY San Angelo WX 76902 p THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO lip TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LOMTTS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABBJTY GENERAL AGGREGATE 1 PRODUCTS - COMP/OP AGG 1 COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR PERSONAL & ADV INJURY 1 EACH OCCURRENCE OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) 1 MED EXP (Any one person) 1 AUTOMOBILE LIABILITY ANY AUTO TP3029465-01 08/21/94 08/21/95 COMBIIVED SINGLE LIMIT 1 1, 000, 000 BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) 1 BODILY INJURY 74X $ HIRED AUTOS 1 NON -OWNED AUTOS (Per accident) 1 7 I PROPERTY DAMAGE / r �- GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT 1 OTHER THAN AUTO ONLY: EACH ACCIDENT 1 AGGREGATE 4 ^ EXCESS UABILRY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE 1 AGGREGATE 1 1 A' WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT 1 1, 000, 000 THE PROPRIETOR/ INCL TSF107443-02 01/10/95 01/10/96 DISEASE -POLICY LIMIT 11,000,000 I PARTNERSAEKECUTIVE 1., OFFICERS ARE: EXCL DISEASE. EACH EMPLOYEE 1$1,000,000 OTHER 7 Cargo LTH68760 08/21/94 08/21/95 )ESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS 13,000 Builders Risk coverage on Communications Tower. ��rtificate Holder is named as Additional Insured on commercial auto policy. A C O R O C E R T I F I C A T E O F I N S U R A N C E ISSUE DATE (MM/DD/YY) 03/09/95 RODUCER THIS CERTIFICATE IS ISSUED AS A HATTER OF INFORMATION ONLY AND CON- FERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT THE INSURANCE MARKETPLACE INC AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 BOX 160397 C 0 N P A N I E S A F F 0 R 0 I N G C O V E R A G E AUSTIN TX 78716-0397 COMPANY LETTER A LINCOLN INSURANCE COMPANY ode Sub -Code CRB COMPANY LETTER B LINCOLN INSURANCE COMPANY 'INSURED COMPANY LETTER C NAUTILUS INSURANCE CO WESTERN TOWERS, INC. COMPANY LETTER D � 0 BOX 2040 COMPANY 5AN ANGELO TX 76902-0000 LETTER E COVERAGES IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY ITHIS PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 'THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN NAY HAVE BEEN REDUCED BY PAID CLAIMS. A POLICY POLICY 'R TYPE OF INSURANCE POLICY NUMBER EFF DATE EXP DATE LIMITS A GENERAL LIABILITY LGLA1115311-02 01/01/95 01/01/96 GENERAL AGGREGATE S 2,000,000 DO COMM GENERAL LIABILITY PROD-COMP/OPS AGGREGATE S 1,000,000 CLAIMS MADE X OCCUR PERS & ADVERTISING INJ S 1,000,000 [ ] OWNR'S & CONTRCTR'S PROT EACH OCCURRENCE S 1,000,000 [ ] FIRE DAMAGE (ONE FIRE) S 50,000 [ ] NED EXPENSE (ONE PERSON) S 1,000 AUTOMOBILE LIABILITY COMBINED SINGLE S LIMIT [ ] ANY AUTO [ ] ALL OWNED AUTOS BODILY INJURY S [ ] SCHEDULED AUTOS (PER PERS) [ ) HIRED AUTOS BODILY INJURY S [ ] NON -OWNED AUTOS (PER ACC) [ ] GARAGE LIABILITY [ ] PROPERTY DAMAGE S EXCESS LIABILITY LUL1119997-01 EACH OCCURRENCE S 1000000 LMBRELLA FORM FOLLOWING FORK AUTO 01/01/95 01/01/96 AGGREGATE S 100D000 1[XI [ ] OTHER THAN UMBRELLA FORM & PERSONAL INJURY [ ] STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT S AND I DISEASE -POLICY LIMIT S EMPLOYER'S LIABILITY DISEASE -EACH EMPLOYEE S OTHER OCP LIABILITY MC003393 12/09/94 04/01/95 EACH OCCURRENCE S 500000 AGGREGATE S 500000 1 S AESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 3 ENERAL LIABILITY S500 DEDUCTIBLE PER CLAIM. UMBRELLA LIABILITY $10,000 SIR. OCP LIABILITY $500 DEDUCTIBLE. FOR ALL EXCLUSIONS SEE INI-153. *^ERTIFICATE HOLDER TO BE SHOWN AS ADDITIONAL INSURED. CERTIFICATE HOLDER CELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF LUBBOCK THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 625 13TH STREET TO NAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER L-04 NAMED TO THE LEFT, BUT FAILURE TO NAIL SUCH NOTICE SHALL IN- �`r BBOCK TX 79405- POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE�� ! u !iA= 25-S (7/90) ACORD CORPORATION 1990 ] SURED: WESTERN TOWERS, IN�f�_ POLICY NO: • 1 BINDER &'CERTIFICATE _LGLA1115311-02�M1119997—Ol/NCO03393 JF INSURANCE EXL.ZUS IONS } E L CH EXCLUSION MARKED IN THE BOX IS MADE PART OF THE POLICY: ABUSE & MOLESTATION _ .ABSOLUTE POLLUTION AIRCRAFT .�_ AIRCRAFT & SOLE NEGLIGENCE OF INDEMNITEE UNDER CONTRACTUAL XCX ASBESTOS ASBESTOS/SILICA DUST/TOXIC SUBSTANCES ASSAULT & BATTERY ATHLETIC PARTICIPANTS CANINE CARE, CUSTODY & CONTROL _ COMPLETED OPERATIONS COMMUNICABLE DISEASE —i"`— CONTRACTUAL k _ CROSS SUITS ^U DISCRIMINATION DISEASE _ EMPLOYEES/LEASED EMPLOYEES & VOLUNTEER LABOR EMPLOYERS LIABILITY EMPLOYMENT RELATED CLAIMS UNDER `I PERSONAL INJURY :X EMPLOYMENT RELATED PRACTICES ERISA ERRORS & OMISSIONS EXPLOSION, COLLAPSE, UNDERGROUND HAZARD FIRE LEGAL _ FAILURE TO TRANSMIT HEALTH HAZARDS INDEPENDENT CONTRACTORS INJURY TO EMPLOYEES/LEASED EMPLOYEES & I VOLUNTEER LABOR c INJURY TO EMPLOYEES/VOLUNTEERS OR LEASED EMPLOYEES INJURY TO LEASED EMPLOYEES k LEAD LEASED EMPLOYEES LIQUOR MECHANICAL DEVICES MECHANICAL RIDES X MEDICAL NEW ENTITIES NUCLEAR ENERGY OWNED ANIMALS OWNED AUTOS OWNERS & CONTRACTORS PROTECTIVE PARTICIPANTS & CONTESTANTS PERSONAL & ADVERTISING INJURY PERSONAL INJURY X_ PERSONAL INJURY PROTECTION PHYSICAL & SEXUAL ABUSE XXX_ POLLUTION PRODUCTS PRODUCTS/COMPLETED OPERATIONS PROFESSIONAL X X_ PUNITIVE DAMAGES X_ PUNITIVE OR EXEMPLARY DAMAGES X REAL & PERSONAL PROPERTY CCC SADDLE ANIMALS SEXUAL ABUSE/ACTION SOLE NEGLIGENCE OF INDEMNITEE UNDER CONTRACTUAL SUBSIDENCE TERMINATION OF EMPLOYMENT X_ UNINSURED/UNDERINSURED MOTORIST X_ ANY AUTO AWAY FROM YOUR PREMISES AND ANY OWNED AUTO X EXPLOSION/COLLAPSE OR UNDERGROUND HAZARDS OTHER INSURANCE LIMITATION EXCLUDES LOSSES ARISING OUT OF MAINTENANCE OR USE OF AIRCRAFT, "AUTOS", OR WATERCRAFT VOLUNTARY LABOR WATERCRAFT WIND, HAIL, HURRICANE EXCLUSION APPLY AS INDICATED BY POLICY NUMBER: X LGLA1115311-02 X LUL1119997-01 _X K0003393 FFHE FOLLOWING CONDITIONS CHECKED OFF APPLY TO THIS POLICY: THIS POLICY IS SUBJECT TO THE CLASSIFICATION LIMITATION ENDORSEMENT. CONTRACTUAL EXCLUDES SOLE NEGLIGENCE OF INDEMNITEE, CONSTRUCTION OR'DEMOLITION WITHIN 50 FEET OF RAILROAD, PROFESSIONAL LIABILITY FOR ARCHITECTS, ENGINEERS, SURVEYORS, PROPERTY DAMAGE TO PREMISES RENTED OR LOANED TO INSURED, AIRCRAFT, ANY ORAL r CONTRACTS. 7EMI-153 t on ILL U L-- L-'-- LL- L T t ! CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26th day of January 1995, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and W. L. ANDERSON, INC. DBA WESTERN TOWERS of the City of San Analo. County of Tom Green, and the State of Texas, hereinafter termed CONTRACTOR WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #13066 - RADIO TOWER AND EQUIPMENT SHELTER FOR $80,383.00 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. a� APPROVED AS TO CONTENT: APPROVED AS TOFORM: CONTRACTOR W. L ANDERS , IIN .�BA TERN TOWERS By: TITLE:Ige COMPLETE ADDRESS: g.0. Boa 2040 San Aneelo, TX 76902 II r� PM GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT l; M01101147 Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR { Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood t to mean the person, persons, co -partnership or corporation, to -wit: W. L. ANDERSON, INC. DBA WESTERN TOWERS 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 ROBERTO AVERDIS. FLEET SERVICES MANAGER City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. k Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not f directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed 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. R41ERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of Me 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 Represetim ive. The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRTITEN NOTICE Written notice shall be deemed to have been duly served, if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, famish 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 famished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. — 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. MIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques,'sequences or procedures, or the safety precautions incident thereto. Isis efforts will be directed towards providing asmrances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. —' Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employers, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. — r 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement float the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives'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 direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 7 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any, man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and -` completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as maybe required by law or the contract documents. 7 If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for r observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site. of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shell 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 arty change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (151/6) per cent. 9 In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 1001/o, 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 (151/6) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordancewith ith these plans and specifications. It is further understood that arty request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. u i r C 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights., or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter speed. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500.000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. 7 B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows: For bodily injuries, including accidental death and or property damage, $500.000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurancewith limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of S 1,000,000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000 Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. r' I 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of overage. 9. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide overage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing ,,... services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the overage period, a new certificate of overage showing extension of overage, if the overage period shown on the current certificate of overage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of overage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year (, thereafter, 'l (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to arty change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; r 71 (b) (c) (d) (e) (f) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage" and (h) contractually require each person with whom it contracts to pnrvide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and priviliges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EOUIPMENT 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 shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless 7` from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' r" Representative in writing and arty necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same: effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is fin they mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $250.00 (Two Hundred Fifty) Per Day, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TBAE AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the 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 F work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. — 36. EXTENSION OF 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, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then submit such written request to the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind mill be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. F40. 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 hum and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS r� No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work finish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's '•• Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (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 inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he his fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if (" any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. 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. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT 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. 48. TINM OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. 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 select 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 decision 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 either 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 arbiters, 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 r QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT F TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, 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 arbiters shall fix their own compensation, unless r 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 writing and shall not be open to objection on account of the form of proceedings or award. 50. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with 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 supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost. under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the r" cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor a and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 51, ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract,'and should fail or refuse to comply with said terms within ten (10) days'after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the 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 Contractor 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. 52. 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 statutory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 53. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 54. 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. 55. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with pendent contractor with full, complete and exclusive power and supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative ro 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. 56. 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 rase of dispute Owner may remove the debris and charge the cost to the Contractor. r CURRENT WAGE DETERMINATIONS • �; Resolution #2502 ` January 8, 1987 Agenda Item #18 DGV:da RESOLUTION WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock :in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February :-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. Ranettd, Boyd, City Secretary APPROVED T 01�TENT: Bi 1 P yne, D rector of Building Services =ham B.C. McMINN, MAYOR APPROVED AS TO FORM: Do ld G. Vandiver, First Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer $11.60 Air Conditioner Installer 8.35 Air Conditioner Installer -Helper 5.50 Bricklayer 10.50 Bricklayer -Helper 5.00 Carpenter 11.00 Carpenter -Helper 5.50 Cement Finisher 7.35 Drywall Hanger 8.70 Electrician 10.50 Electrician -Helper 5.25 Equipment Operator - Heavy 8.00 Light 5.70 Floor Installer 8.00 Glazier 7.50 Insulator, Piping/Boiler 9.50 Insulator -Helper 5.00 Iron Worker 7.30 Laborer,'General 4.75 Mortar Mixer 5.60 Painter 8.75 Plumber 9.25 Plumber -Helper 6.00 Roofer 7.65 Roofer -Helper 4.75 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder - Certified 8.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator. Roller Scraper Tractor Truck Driver - Light Heavy Hourly Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 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.l 1/2 times base rate. SPECIFICATIONS 7 r TOWER SPECIFICATIONS 10 TOWER SPECIFICATIONS 1.1 Tower shall be furnished and installed per this specification at location West South West of Muleshoe in Bailey County, Texas near FM road 1731. Site survey is enclosed with this specification package. 1.2 Tower shall be capable of supporting all antennas and appurtenances required by the system design, plus a margin for expansion. Tower shall ` be designed to support the initial load, plus a 100% increase in antenna loading to be located on the uppermost one-third of the tower. 1.3 Tower height 300 feet t. 1.4 Wind Loading: 150 M.P.H. 1.5 Radial Ice: 112" 1.6 Material: Galvanized Steel 2.0 BIDDER RESPONSIBILITIES 2.1 Each Bidder submitting a bid shall prepare scale drawings of the tower depicting height, number and height of sections, horizontal spread of each section, and obstruction lighting. 2.2 The successful Bidder shall be required to furnish the following additional drawings: 2.2.1 Plan view of the structures depicting placement with regard to the adjacent building, roads and utilities. The drawings shall show the orientation of the structures with respect to true North, with correction for magnetic declination. 2.2.2 Profile view of the structures, containing structural details and engineering notes. 2.2.3 The successful Bidder shall be responsible for installing required power to the obstruction lighting on the tower. Temporary obstruction lights shall be installed while the tower is being erected. The vendor is responsible for notifying the FAA of commencement of construction through filing of appropriate forms. City of Lubbock 1 TOWER SPECIFICATIONS 3.0 SCOPE of WORK 3.1 Electrical service for the structures shall be routed through metal conduit, in compliance with local electrical codes. 3.2 The successful Bidder shall be responsible for providing the structures and all associated hardware and appurtenances, for performing all planning and installation of the tower, and for site restoration and cleanup. The Bidder shall be responsible for ensuring that the structure meet all design criteria, all labor services, guarantees, and installation requirements contained in these specifications, or in national or industry standards to which this specification refers. The work to be performed under this section of the specification shall include site preparation, erection, installation of antennas, antenna supports, transmission line, transmission line hangers, connectors, wave guide bridges, cable ladders, grounding connections, ground rods, ground rings, foundations, lighting, lighting controls, climbing devices, anti -climb devices, and fencing. 3.3 The work to be performed shall be in compliance with the latest version of the following: EIA Standards RS-222-E and RS-329; the requirements of FAA Advisory Circular AC 70174 60-IG; FCC Regulations; and local, state or federal building, zoning, electrical and safety codes. 4.0 Design Criteria Loads and Stresses 4.1 The design of the structures shall take into account dead loads induced by the structure itself and all appurtenances, and all stress applied to the structure and its appurtenances by wind forces. The minimum safety factors listed in EIA Standard RS-222-E shall apply under the most severe combination of dead load plus live loading. 5.0 Appurtenances 5.1 Appurtenances may include, but are not limited to, the following: antennas, antenna mounts, lighting, climbing ladder, anti -climbing devices transmission line, transmission line hangers, cable ladder, conduit, wave guide bridge and ice shields. 6.0 Loading 6.1 The structure shall be designed for horizontal wind pressures induced by 150 M.P.H. wind with all appurtenances installed. 6.2 The structure shall be designed to withstand additional horizontal wind pressures and dead loading produced by the accumulation of 112" thickness of radial ice. City of Lubbock 2 TOWER SPECIFICATIONS 6.3 Tower Twist, Sway and Displacement: Per EIA RS-222-E 7.0 FOUNDATION 7.1 It is recognized that the foundation design and cost will be dependent on 9 actual site conditions and subsurface soil data for the purpose of this quotation, Bidders shall assume soil structure as per the sample well log supplied with this request. The vendor may at his discretion and expense arrange for, a complete, geotechnical exploration of the subsurface soil conditions. 7.2 The foundation design shall be prepared and certified by a licensed professional engineer. 8.0 Materials 8.1 All steel materials used in the construction of the tower shall be new, and shall conform to the provisions of EIA Standard RS-222-E with respect to physical properties, manufacture, workmanship and factory finishes. 9.0 Site Plan 9.1 The selection of the precise location of the tower and tie-ins to the building power supply shall conform to a site plan to be submitted to the City and approved, prior to the commencement of any work. 10.0 Grounding 10.1 Structures shall be grounded in compliance with the following practices: Install a ground ring around the base of the tower, consisting of 8' X 518" ground rods driven adjacent to the foundation of the tower at each leg. Ground rods are to be interconnected by a minimum #2 AWG solid copper wire which is Cadwelded to each ground rod. Copper wire and the ground rods are to be installed in a trench of a minimum depth of 18 inches below finished grade. Maximum spacing between rods shall be 15 feet. Each tower leg shall be bonded to the ground ring by #2 solid copper wire which has been Cadwelded to the tower leg and the ground rod, avoiding any bends with more than 900 and less than 6" radus.in the wire. All paint shall be removed from the tower leg at the point the ground connection is made. At the completion of the Cadwelding process, the welded area shall be resealed with a cold galvanizing compound and repainted if originally painted. 10.2 Bond all transmission line outer shields to the structure at a point one foot above the bend made in the cable to attach it to the wave guide bridge. �•• City of Lubbock 3 TOWER SPECIFICATIONS 10.3 The tower & shelter and each guy point shall be enclosed by a six foot galvanized chain link fence. Fence shall be grounded to the ground ring at each corner of fenced area via #2 AWG solid copper wire, bonded . using Cadweld fittings. Gate shall be grounded to the fence by 1" braded copper grounding strap Cadwelded to gate and fence at both top and bottom hinge. 10.4 Antenna mounts shall be grounded to the tower. 10.5 A ground test well shall be provided at a minimum of two points along the ground ring. The test wells shall consist of 4" X 2' PVC pipe, with a screw type cap installed. The test well shall allow measurement of ground system resistance at opposite comers of the tower. Grounding system resistance shall be measured to be 5 ohms or less between any point on the ground system and ground. 11.0 Lighting 11.1 The tower shall be equipped with an Electro Flash strobe system (by Flash Technology Corporation of America, PO Box 329, Nashua, NH 03060) in accordance with FAA Advisory Circular AC 7017460-IG or the latest version available. City of Lubbock 4 n FI F EQUIPMENT SHELTER SPECIFICATION 1.0 EQUIPMENT SHELTER 1.1 The purpose of this specification is to provide a climate controlled lightweight concrete equipment shelter with inside measurements 8' by 12' with 9' ceilings. The proposed equipment shelters shall be designed for the explicit use of housing electronic equipment and related components, within a climate controlled atmosphere required for proper operating conditions for the equipment. The shelter shall be protected from falling objects by a galvanized metal ice shield. 1.2 The shelter shall be dustproof, water tight and shall be mounted on a concrete reinforced slab suitable for supporting the shelter and its contents at a minimum of 12" above ground level. The slab shall extend at least 4 feet from the entrance of the shelter. The, 4 foot extension shall run the length of the shelter on the entrance side of the shelter. An outside door light with indoor switch shall be provided at the entrance. The door shall be placed in the 12' wall of the shelter and with in one foot of the corner of the shelter. The door shall swing into the shelter with hinges mounted to side of the frame nearest the corner of the shelter. 1.3 The interior finish shall be 3/4" exterior grade plywood painted with a fire retardant Zolatone paint.(color: White). 1.4 The Proposer shall provide detailed construction information for the shelter. Construction must meet all state and local building codes. 1.5 The shelter shall be bullet proof meeting or exceeding UL752-HPR rifle rating. 1.6 The HVAC proposed shall have sufficient capacity to keep the shelter and equipment cooled to 700 F in summer and heated to 750 F in winter. 1.7 Surge suppression shall be used on each cable pair entering or leaving the equipment shelter. All surge suppression devices shall be manufactured by a company normally engaged in the design, development and manufacture of such devices for communications equipment. The devices selected shall represent the latest available technology and shall be designed for use in each type of application. Surge suppresser grounding conductors shall be a minimum size of #12 AWG copper unless otherwise noted. Branch conductors shall be routed between the surge suppressers and point of attachment to the main grounding conductor in the shortest, most direct route. Bends in excess of 900 in any grounding conductor shall not be permitted. A radius of 6° or greater shall be maintained on all bends. �. City of Lubbock 1 EQUIPMENT SHELTER SPECIFICATION 1.8 The equipment shelter shall incorporate a low inductance rigid metal bulkhead panel to cover the cable entrance such as those available from PolyPhaser Corp or equivalent. The bulkhead grounding conductors shall extend from the entrance holes along the exterior building surface into the soil to the grounding network. A low inductance bond to the grounding conductors shall be made. The bulkhead panel shall be 1/8" half -hard copper. The bulkhead grounding conductors shall be six inch wide copper strap, a minimum of two shall be used. The bulkhead panel and cable entry port shall be on the end wall away from the door. 1.9 A second sub -panel shall be mounted to the bulkhead and shall protrude through a hole in the wall creating a secondary plate on which arresters are to be mounted and grounded. Mounting hardware used to join the sub -panel to the bulkhead shall be 18-8 stainless steel. 1.10 The equipment shelter shall be equipped with a 12" wide covered wave guide bridge to support and protect the system's transmission lines running between the shelter cable intrance and the tower. 1.11 The equipment shelter shall have a cable ladder 12" wide attached to the wall from the cable entry port and attach to a cable ladder off set 12" from the center line of the room. The cable ladder shall run from end to end of the shelter securely fastened to the wall and supported from the ceiling on each side rale at 4' intervals. 2.0 INSULATION 2.1 The insulation value shall be: 2.1.1 Walls R-11 minimum. 2.1.2 Ceiling 2.1.3 Floor 2.1.4 Door 3.0 LOADING R-19 minimum. R-15 minimum.(ifapplicable). R-6 minimum. 3.1 Survival Wind Load shall be 150 miles per hour minimum. 3.2 Floor Load shall be 400 lbs. per sq. ft. minimum. 3.4 Roof Load shall be 125 lbs. per sq. ft. minimum. City of Lubbock 2 r i� EQUIPMENT SHELTER SPECIFICATION 4.0 DOOR 4.1 The shelter shall have pre -hung, gasket sealed, insulated 3' wide by 7' I l high, galvanized, bullet proof (meeting or exceeding UL752-HPR rifle rating), steel door for the equipment room. The door shall include steel door frame securely built into the wall, door check, door stop, keyed a lockset and deadbolt, the door shall be bonded to the ground system. 5.0 ELECTRICAL 6.1 Electrical installation and wiring shall conform to the latest edition of the National Electric Code as well as all local codes, and shall consist of the following as a minimum: Service Panel shall be 100 Amp with 12 circuits minimum. Outlets shall meet or exceed spec grade equal to Hubbell 5362. Twist lock outlets shall meet or exceed Hubbell 4700. Switches shall meet or exceed spec grade Hubbell 1221 Fixtures shall meet or exceed spec grade. 5.2 Surface mounted, EMT conduit, grounded, duplex outlets, one every 4' along 12' walls. One row, of duplex twist lock outlets shall be provided overhead to run the length of the building (12'). Duplex twist lock outlets shall run through the center of the building spaced on 2' centers. The overhead duplex outlets shall each have a dedicated circuit breaker. Florescent lighting two rows spaced 2' in from and parallel to the 12' walls (two tube 4' fixtures) with a wall switch for each row of lights. Switches shall be mounted near the lock side of the door on the wall inside the building. 6.0 EXTERNAL GROUNDING SYSTEM 6.1 Equipment shelter external ground ring system consisting of a #2 AWG solid tinned bare copper wire shall be installed in a trench at a depth of 18" below final grade or below the frost line (whichever is lower) at a maximum distance of 2 feet from the foundation of the building where the equipment is installed. 6.2 The ground ring shall be supplemented with copper clad steel ground rods. The ground rods shall have a minimum length of 8 feet and a minimum diameter of 5/8 inches. The use of ground rods will insure contact with unfrozen soil during the winter season. 6.3 The minimum requirements for the quantity of ground rods shall be based on the following: 6.4 At least one ground rod at each corner of the shelter shall be installed. 6.5 The maximum distance between rods shall be 15 feet. 7 City of Lubbock 3 EQUIPMENT SHELTER SPECIFICATION 6.6 At least one ground rod shall be installed directly below the transmission line entry port. 6.7 The ground rods shall be bonded to the external shelter ground ring using an exothermic welding process, for example, CADWELD. This process utilizes deoxidized molten copper to remove any moisture, and mix with the zinc coating of the galvanized steel to form an air tight union. 6.8 It will be left to the discretion of the contractor to determine the type of connector to use in the welding process. The following two restrictions, however, shall be observed. 6.9 An anti -oxidant compound shall be applied to the connection point after the bond is completed. 6.1 o All connections to the ground ring shall be such that the ground wires are as straight as possible avoiding bends in excess of 900 and less than 6" radus. 6.11 The exterior ground ring shall be bonded to the copper sheets descending from the shelter's bulkhead panel. 7.0 THE INTERNAL GROUND RING SYSTEM 7.1 Internal ground ring shall consist of #2 AWG tinned bare solid copper conductor, run continuously along the shelter wall, at a maximum of 6 inches below the ceiling. Insulated mounting standoffs shall be installed every 2 feet or as required to accommodate bends. 7.2 The transmission line entry port shall be installed directly beneath the ground ring at a point to be mutually agreed upon between the contractor and the City. 7.3 An internal copper bulkhead panel shall be installed such that it is located directly beneath the transmission line entry port. The bulkhead shall be a wall -mounted 1/8" half hard copper panel used for multiple ground connections. The internal ground ring shall be directly connected to the internal ground panel using an insulated #2 AWG stranded copper conductor. 7.4 The following connections shall be made directly to the internal ground ring using green insulated #2 AWG stranded copper wire (except where noted): 7.5 Ventilation louvers and sheet metal duct -work City of Lubbock 4 F EQUIPMENT SHELTER SPECIFICATION 7.6 Metal door shall be grounded to the door frame (using 1 inch wide solid copper flexibletbraided straps) and door frame shall be connected to the internal ground ring with green insulated #2 AWG stranded copper conductor. 7.7 Telephone terminal block enclosure, telco repeaters and line surge protectors shall be connected to internal ground ring (#10 AWG stranded copper is recommended) 7.8 All connections made to the bulkhead panel shall use non -oxidizing material. The type of connectors to be used to ground the equipment to the internal ground ring shall be of the split -bolt, bronze mounting lug, and the parallel connector types, for example, BURNDY KSU or equal. These connecting wires shall be made as short as possible such that sharp bends are avoided. 7.9 The shelter external and internal ground rings shall be connected together with green insulated #2 AWG stranded copper cable at each corner of the equipment shelter. The entrance to the equipment shelter ground system shall be made at each corner of the building through a 3/4 inch PVC pipe terminated with bushings 6 inches above the finished floor and 6 inches below finished grade The PVC pipe shall follow the contour of the foundation. Each ground wire shall terminate at the comer ground rods and shall be bonded. These four ground wires shall run vertically along the wall supported by 2-inch insulated standoffs similar to T&B, TY-RAP nylon standoff brackets (long). The PVC pipe shall be sufficiently filled with a duct sealing compound, O-Z-GEDNEY DUX1 or equivalent, through the interior side of the shelter. This compound will act as a water stop and moisture barrier. r City of Lubbock 5 few U.S. Department IN REPLY REFER TO of TramMtatlon AERONAUTICAL STUDY Southwest Re ion N094-ASW-0533-OE Federal Aviation g Administration System Management Branch Fort Worth, Texas 76193-0530 �.., ACKNOWLEDGMENT OF NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION CONSTRUCTION LOCATION cc City of Lubbock PUCE NAME 0 Attn: Billy G. Cooper g P.O. Box 2000 Muleshoe, TX Lubbock, TX 79457 DESCRIPTION CONSTRUCTION Antenna Tower; 800 MHz @ 444 W ERP PROPOSED LATITUDE LONGITUDE NAD-83 34°10'33.32' 102054'28.8C HEIGHT (IN FEET) ABOVE MSL The Federal Aviation Administration hereby acknowledges receipt of notice dated 03-17-94 concerning the proposed construction or alteration described above. A study has been conducted underthe provisions of Part 77 of the Federal Aviation Regulationsto determine whetherthe proposed construction would be an obstruction to air navigation, whether it should be marked and lighted to enhance safety in air navigation, and whether supplemental notice of start and completion of construction is required to permit timely charting and notification to airmen. The findings of that study are as follows: ❑ The proposed construction does not require a notice to FAA. XP The proposed construction is not identified as an obstruction under any standard of FAR, Part 77, Subpart C and would not be a hazard to air navigation. ❑ The proposed construction is identified as an obstruction under the standards of FAR, Part 77, Subpart C but would not be a hazard to air navigation. The structure should be obstruction marked and lighted per FAA Advisory Circular AC 70/7460-1, "Obstruction Marking and Lighting." Chapters 3 .4 . 5 - 1 1 Supplemental notice Is required at least 48 hours before the start of construction and within five days after construction reaches its greatest height (use the enclosed FAA form). This determination expires on 12-31-94 unless: (a) extended, revised or terminated by the issuing office; (b) the construction is subject to the licensing authority of the Federal Communications Commission and an application for a construction permit is made to the FCC on or before the above expiration date. In such case the determination expires on the date prescribed by the FCC for completion of construction, or on the date the FCC denies the application_ NOTE: Any request for extension of the effective period of this determination must be postmarked or delivered to the issuing office at least 15 days prior to the expiration date. ❑ The proposed construction would exceed Part 77 obstruction standards and further aeronautical study is necessary to determine whether it would be a hazard to air navigation. Pending completion of any further study, it is presumed the construction would be a hazard to air navigation. Further study: ❑ Has been initiated by the FAA. ❑ May be requested by the sponsor within 30 days of date of this acknowledgement. ❑ If the proposed structure were reduced in height to not exceed ft. above ground level ( ft. above sea level), it would not exeed Part 77 obstruction standards. If the structure is subject to the licensing authority of the FCC, a copy of this acknowledgment will be sent to that Agency. 1 _ ^♦ ��� i.--,..�� �� 1T�- `.-4*. ;Jt� 'i�� �'RO'r �OSAL IS :_. +1 -' t -ap.,, •!ram.. .�C 'a f This determination based on the location depicted on the submitted map and not on the submitted geographical coordinates and above mean sea level site elevation. SIGNED Bruce C. Beard _TITLE Airspace Specialist f ISSUED IN Fort Worth, Texas ON June 20, 1994 ON A 5.74 ACRE TRACT OF LAND OUT OF LABOR 5, LEAGUE 172, SUTTON C.S.L., BAILEY COUNTY, TEXAS FOUND 112" IRON PIPE N. W. COR. L A.5, LG.17L SUTTON C.S.L. S 890J8154" E I, WEST OF n ANCHOR +t SET 1/2" ROO \\NN t TMER SFr 112' ROD LAT.. J4•1 LONG. . 102, ANCHOR SET 112' ROD ___4 ANCHOR %?' ROD SET_ 1�1_rROD 40 , 40 ' I ' WfST OF fE1V. SET N 89'38 S4" W 600.00' �f CITY OF Luse" WAMT *ELL /2I3 -a SCALE: I' 100' OCTOBER 1 1IM DESCRIPTION FIELD NOTES on a 5.74 acre tract of land out of Labor 5, League 172, Sutton C.S.L., Bailey County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 112" Iron rod set in the East Right —of —Way of F.M. 1731 for the Northwest comer of this tract whence the Northwest comer of Labor 5, League 172, Sutton C.S.L. bears North 0021'06" & 71.50 feet and North 89'J8'54" West 40.00 feet, THENCE South 89'38'54" East, 500.00 feet to a 112' Iron rod set for the Northeast comer of this tract, THENCE South 0021 106" West, 500.00 feet to c 112" iron rod set for the Southeast comer of this tract, THENCE North 89038'54" West, 500.00 feet to a 112" iron rod set in the East Right — of —Way of said F.M. 17J1, for the Southwest comer of this tract, THENCE North 0'21 '06" East, along the East Right —of —Way of said F.M. 1731 to the place of beginning. CONTAINING 5.74 ACRES. NOTE. REFERENCE BEARING FOR THIS SURVEY IS THE RECORDED BEARING OF THE WE LINE OF LABOR 5 BEING N 0.21 '06" E This survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 18, Condition IV, survey. R P.L.S. No.4666 WILSON SURVEYING Co., INC. Registered Professional Land Surveyors Global Positioning System Surveyors :44010'" 45330 70th ST, SUITE 201• a LUSSOCKI TX. 79413 G3 (806) 792-4731 a FAX (806) 792-1646 c9,G3o r I F Send original copy by State Of Texas For TDWR use only certified mail to the WATER WELL REPORT Well No. Texas Department of Water Resources Located on map P.O. Box 13087 ATTENTION OWNER: Confidentiality Privilege Notice on Reverse Side Received: Austin, Taxes 78711 11 OWNER City 0f Lubbock - Address Is. 0e In 2000 Ltfbtsocke TORN JW7 (Name( (Street or RFD) (City) (state) (Zip) 21 LOCATION OF WELL: County 11 miles In direction from MsiNtm (N.E., S.W., atc.l - (Town) Legal description: Laaqua In Labia i Driller must complete the legal description to the right Section No. Block No. Township with distance and direction from two intersecting sec- mtm Cif tion or survey lines, or he must locate and identify the Abstract No. - Survey Name well on an official Quarter- or Half -Scale Texas County General Highway Map and attach the map to this form. Distance and direction from two intersecting section or survey lines sell ft. rut to rta rwI O See attached map. 31 TYPE OF WORK (Check): [INew Well O Deepening ❑ Reconditioning O Plugging 41 PROPOSED USE ICheek): O Domestic ❑ Industrial 0 Public Supply ❑ Irrigation O Test Well O Other 61 DRILLING METHOD (Check): ❑ Mud Rotary O Air Hammer ❑ Driven ❑ Bored O Air Rotary 13 Cable Tool O Jetted (JOthertifiliff_+rd9li 6) WELL LOG: Date drilled 3/10/82 DIAMETER OF HOLE Dia. (in.) From (ft.) To (ft.) 7) BOREHOLE COMPLETION: O Open Hole >0 Straight Wall O Underreamed 9 Gravel Packed 11 Other If Gravel Packed give Interval ... from LO h. to 1130 ft. Su rfsee From To Description and color of formation (ft.) (ft.l material 8) CASING, BLANK PIPE, AND WELL SCREEN DATA: 0 711 aanda aft * clay. Dia. (in.l New 10od Steel, Plastic, etc. Perl., Slotted, etc. Screen Mgl., if commercial Setting 1113 Gage Casing From To Screen 93- 100 u34 baNc VD - 230 red CEMENTING DATA Cemented from 11 1t. to dD fl. Method used trials }la pipe Cemented by HS Plain Crtlltrye 1DC- (Company or lndi0dusi) I 9) WATER LEVEL: Static level It. below land surface Date Artesian flow —gpm. Date 101 PACKERS: Type Depth I 11) TYPE PUMP: O Turbine O Jet O Submersible O Cylinder O Other ) Depth to pump bowls, cylinder, jet, etc., ft. (the reverse side if necessary) :Si CLIALI: Y: Did you knowingly penetrate any strata which contained undesirable water? O Yes 11 No If yes, submit "REPORT OF UNDESIRABLE WATER" Type of water? Depth of strata Was a chemical analysis made? O Yes C!! No 12) WELL TESTS: O Type Test: O Pump O Bailer OJetted O Estimated Yield: gpm with ft. drawdown after_ hrs. 1 hereby certify that this well was drilled by me (or under my supervision) and that ,t each and all of the statements herein are true to the best of my knowledge and belief. NAME Carlos Ye Coro un Water Well Drillers Registration No. 2171 (Type or Print) ADDRESS o0R 7" Abermtfly Tatar 79111 (Street or RFD) Katy) (State) (zip) (Signed) t(i PIRI la OrilIinga 14. (Water Wall Driller) (Company Name) Please attach electric log, chemical analysis, and other pertinent information, if available. 'OwR-0792119ev, t•t2.791 WFI I fIWNFR'SCOPY SPECIAL CONDITIONS I NOTICE OF ACCEPTANCE TO: The City of Lubbock, having considered the proposals submitted and opened on the day of 199for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable' and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the day of 199 at the bid price contained therein, subject to the execution of and furnishing6f all contract documents, bonds, certificates of insurance, and 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 Owner's Representative