Loading...
HomeMy WebLinkAboutResolution - 5136 - Contract - Artex Electric Company - Mackenzie Park Security Lighting - 03_14_1996Resolution No.5136 March 14, 1996 Item # 40 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Artex Electric Company of Lubbock, Texas, to furnish and install all services and materials as bid for the Mackenzie Park Security Lighting, attached hereto and 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 14th ATTEST: &-tr' ttc);14�p""j 'Betty . JohnYon, City Secretary APPROVED AS TO CONTENT: Vida "- U462t� 'e. 0 1 Victor Kilman, Purchasing M e APPROVED AS TO FORM: D'odald G. Attorney DGV:js/ARTEX2.REs ccdocs/March 4, 1996 March , 1996. -- Resolution No. 5136 March 14, 1996 O p�p�qq w a0Li r, wd0 U W UN z c- e City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 r SOB-767-2167 11 F MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: BID #13477 - MACKENZIE PARK SECURITY LIGHTING ADDENDUM #4 Office of Purchasing January 31,1996 January 31, 1996 @ 4 PM February 8,1996 @ 3 PM The following items take precedence over specifications for the above named BID. Where any item called for in the BID documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Enclosed please find the revised BID SUBMITTAL FORM, noting the addition of a unit cost section for rock excavation. Please submit your bid on this new form. 2. The closing date and time has been changed from: January 31, 1996 @ 4 PM to: February 8,1996 @ 3 PM All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)767-2164 PLEASE RETURN ONE COPY WITH YOUR BID THANK YOU, LAURA RITCHM BUYER &purcL-&M=da.dw IaVV 6 326 PM 71 BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: DATE: PR.O]ECT NUMBER: BID #13477 - MACKENZIE PARK SECURrff LIGHTING Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends 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. i BASE BID: Furnish all labor, tools, material, equipment, and incidentals necessary to fully and properly trench, install, and i connect all poles and light fnetures as described in the plans and specifications (including 1900 Linear Feet of rock to be excavated 3TE'y 14F11F.`A (S ) SERVICES: (S ) TOTAL BASE BID: ($ ) ALTERNATE NO.1: Furnish all labor, tools, materials, equipment, and incidentals necessary to fully and properly trench and install new pole No. 3, and connect 4 light futures as described in the plans and specifications. MATERIALS: ($ ) SERVICES: TOTAL ALTERNATE NO. I (Add): i (S ) (S ) w; ALTERNATE NO.2: Furnish all labor, tools, material, equipment, and Incidentals necessary to fully and properly trench, and install new poles No. 35 and No. 36, and connect 4 light fixtures each as described in the plans and specifications. MATERIALS: ($ ) SERVICES: ($__ ) 7 TOTAL ALTERNATE NO.2 (Add): ($ ) �- ALTERNATE NO. 3: Furnish all labor, tools, material, equipment, and incidentals necessary to fully and properly remove existing 2-way bullhorns from poles No. 61 and No. 67, and replace with 3-way bullhorns. Install and connect 1 new light fixture on each pole, as described in the plans and specifications. MATERIALS: ($ ) SERVICES: ($ ) TOTAL ALTERNATE NO.3 (Add): ($ ) ►•• ALTERNATE NO. 4: Furnish all labor, tools, material, equipment, and incidentals necessary to fully and properly trench, install, and connect all poles and light fixtures with 3 - No. 4 copper wire (includes Base Bid, Alternate No. 1, No. 2 and No. 3). MATERIALS: ($ ) SERVICES: ($ ) TOTAL ALTERNATE NO.4 (Add): ($ ) UNIT COST PER LINEAR. FEET FOR ROCK EVALUATION MATERIALS: (S /L. Ft,) SERVICES: ($ /L. Ft.) TOTAL UNIT BID: ($ /L. Ft.) (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) 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 S200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal 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. r' The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the t scheduled closing time for receiving bids. r ' The undersigned Bidder hereby declares that he has visited the site of the work and has care fully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or r 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 bid 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 (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. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid 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 bid 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 bid; 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. (Seal if Bidder is a Corporation) ATTEST: Secretary F Authorized Signature (Printed or Typed Name) Company City, County State Telephone: Fax Number. Zip Code 7 t City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 .- SOG767-2167 F MAILED TO VENDOR: CLOSE DATE: BID #13477 - MACKENZIE PARK SECURITY LIGHTING ADDENDUM #3 Office of Purchasing January 25,1996 January 31, 1996 @ 4 PM The following items take precedence over specifications for the above named BID. Where any item called for in the BID documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. General Conditions of the Agreement, Number 28, Contractor's Insurance, Letter D, should be changed to read as follows: "D. Installation Floater The Contractor shall obtain any Installation Floater in the amount of 100% of the total contract price (100% of potential loss) naming the City of Lubbock as insured" All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: PLEASE RETURN ONE COPY WITH YOUR BID 6:potth addend-Lloo 123/96 9:77 AM Laura Ritchie Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)767-2164 THANK YOU, &-tt'-L &ta- LAURA RITCHIE BUYER F r� I City of Lubbock P.O. Box 2000 Lubbock, Texas 7J457 606-767-2167 MAILED TO VENDOR: CLOSE DATE: NEW CLOSE DATE: Office of Purchasing January 18, 1996 January 24, 1996 @ 2 PM January 31, 1996 @ 4 PM BID #13477 - MACKENZIE PARK SECURITY LIGHTING ADDENDUM #2 The following items take precedence over specifications for the above named BID. Where any item called for in the BID documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Section 03 General Provisions for Electrical, Subsection 08 Lighting, 2.03 Floodlights, please change the last sentence to read as follows: "Floodlights shall be Hubbell #MVK-0400S-268 with Model MVMG-2 mesh guard, no substitutions." 2. On the plans, at the low water crossing, add the following note: "Contractor shall provide and install one LB on each side of the existing 2" rigid conduit located in the low water crossing (between poles 34 and 35). Install new J-Box 3'-0" from LB on each side, and connect with 2" rigid Fill conduit." 3. On the plans, Electrical Equipment Enclosure, the panel board reads: 120/240V 1PH - 3W 150A MLO PANEL W/ 2 60A/2P AND 1 - 20a/1P 3 - 20A/2P SPACE CIRCUIT BREAKERS Fadd the following: SQ-D Q020-30L150 F4. On the plans, Electrical Equipment Enclosure, the contactors read: NEW 100A/2P CONTACTORSIN NEMA 1 ENCL. add the following: SQ-D 8903SQG-1V02 5. On the plans, Electrical Equipment Enclosure, add the following: C6:purnfi:addcnd-Ldoc VIM3:00 PM t F F "All wiring in metal control box shall be enclosed." 6. Section 03 General Provisions for Electrical, Subsection 03 Underground Electrical Duct, 3.05 A Installation of Underground Plastic Conduit, delete the following: "Install at least 30 inches below finished grade unless noted to the contrary. " and add the following: "Provide minimum 30 inches of cover below finished grade unless noted to the contrary." 7. In Addendum #1, delete the following: 11 1. Section 03 General Provisions for Electrical, Subsection 3.02 Backfilling, add the following: .....All trenches shall have 24" minimum cover to top of electrical conduit, including all area where rock is encountered. " and add the following ".....All trenches shall have a minimum 30" cover to top of electrical conduit from finished grade, including all areas where rock is encountered." S. In Addendum #1, Item #2, add the following: "Boring shall be considered an approved equal." 9. Enclosed please find the revised BID SUBMITTAL FORM, noting the addition of ALTERNATE NO. 4. Alternate No. 4 shall consist of the following: `Furnish all labor, tools, material, equipment, and incidentals necessary to fully and properly trench, install, and connect all poles and light fixtures with 3 - #4 copper wire. (Includes base bid, Alternate #1, #2, and #3.)" 10. Enclosed please find the revised BID SUBMITTAL FORM, noting the BASE BID to include 1900 feet of rock to be excavated. 11. Enclosed please find the revised BID SUBMITTAL FORM, noting the addition of a unit cost section for rock excavation. Please submit your bid on this new form. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to : PLEASE RETURN ONE COPY WITH YOUR BID Laura Ritchie Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)767-2164 THANK YOU, LA RITCHIE BUYER s:puch:9ddeud-Ldoc 1/1V96 3:00 PM BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: DATE: PROJECT NUMBER: BID #13477 - MACKENZIE PARK SECURITY LIGHTING Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends 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. BASE BID: Furnish all labor, tools, material, equipment, and incidentals necessary to fully and properly trench, install, and a connect all poles and light fixtures as described in the plans and specifications (including 1900 Linear Feet of rock to be excavated). MATERIALS: ($ ) SERVICES: ($ ) TOTAL BASE BID: ($ ) ALTERNATE NO.1: Furnish all labor, tools, materials, equipment, and incidentals necessary to fully and properly trench and install new pole No. 3, and connect 4 light fixtures as described in the plans and specifications. MATERIALS: ($ ) SERVICES: ($ ) TOTAL ALTERNATE NO. 1 (Add): ($ ) I ALTERNATE NO.2: Furnish all labor, tools, material, equipment, and incidentals necessary to fully and properly trench, and install new poles No. 35 and No. 36, and connect 4 light fixtures each as described in the plans and specifications. MATERIALS: SERVICES: ($ ) TOTAL ALTERNATE NO.2 (Add): ($ ) ALTERNATE NO. 3: Furnish all labor, tools, material, equipment, and incidentals necessary to fully and properly remove existing 2-way bullhorns from poles No. 61 and No. 67, and replace with 3-way bullhorns. Install and connect 1 new light Mature on each pole, as described In the plans and specifications. MATERIALS: ($ ) SERVICES: (S ) TOTAL ALTERNATE NO.3 (Add): ($ ) ALTERNATE NO. 4: Furnish all labor, tools, material, equipment, and incidentals necessary to fully and properly trench, install, and connect all poles and light fixtures with 3 - No. 4 copper wire (includes Base Bid, Alternate No. 1, No. 2 and No. 3). MATERIALS: ($ ) SERVICES: ($ ) TOTAL ALTERNATE NO.4 (Add): ($ ) (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) 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 $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal 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 4 before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in C the contract documents. Bidders arc required, whether or not a payment or performance bond is required, to submit a cashier's check or certified l check issued by a bank satisfactory to the City of Lubbock, or a bid 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 (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. r M Enclosed with this bid is a Cashier's Check or Certified Check for Dollars (S ) or a Bid Bond in the sum of Dollars (S ), which it is �- agreed shall be collected and retained by the Owner as liquidated damages in the event the bid 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 bid; otherwise, said check or bond shall be returned to the undersigned upon demand. k 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. (Seal if Bidder is a Corporation) ATTEST: Secretary 7, F Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: Fax Number: [I City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 806-767-2167 Office of Purchasing MAILED TO VENDOR: January 9,1996 CLOSE DATE: January 24, 1996 @ 2 PM BID #13477 - MACKENZIE PARK SECURITY LIGHTING ADDENDUM #1 The following items take precedence over specifications for the above named BID. Where any item called for in the BID documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Section 03 General Provisions for Electrical, Subsection 3.02 Backfilling, add the following: ..... All trenches shall have 24" minimum cover to top of electrical conduit, including all areas where rock is encountered 2. Section 03 General Provisions for Electrical, Subsection 3.03 Opening and Closing Pavement, add the following .....All open cuts in paving shall have 6" compacted backfill around a 4" PVC Class 200 sleeve. 2-sack flowable-fill concrete shall be used to backfill as required to meet top of existing asphalt subgrade. All requests for additional information or clarification must be submitted in writing and directed to: F" r Laura Ritchie l Buyer City of Lubbock l l P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)767-2164 l YOU, t LA RITCHIE BUYER PLEASE RETURN ONE COPY WITH YOUR BID r F6 push *M=4- .doo IN196 }33 PM Page is too large to OCR. CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: MACKENZIE PARK SECURITY LIGHTING ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13477 PROJECT NUMBER: 9908.9246 CONTRACT PREPARED BY: PURCHASING DEPARTMENT r INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND S. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS 11. SPECIAL CONDITION r L✓ L— L - - = i__ : ILL: LLa L._: [.�—L- L— - i__ = 1� L—J L— L-� L-' [-- L--� L___ F r NOTICE TO BIDDERS BID #13477 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock a.m. on the 24th daX of Januariv, 1996 or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work of he construction of the following described project: "MACKENZIE PARK SECURITY LIGHTING" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud It is the sole responsibility of the bidder to insure that his bid is actually in the office of the 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 14th day of January.1996, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to famish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 1000/a of the total contract price in the event that said contract price exceeds S 100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 1000/a of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of P or or as the rating of the bond company is a factor that will be considered in determination of the lowest rgspdble bidder. 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 bid 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 rteshall ppoorisibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. Ibe understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted There will be a pre -bid conference on 17th day of January,1996, at t 10:00 o'clock a.m., in the Purchasing Conference Room, L-04, 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 bidders attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. r 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, 9:00 - 5:00 p.m.) r— or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting. Crry OF LUBB r CTOR PURCHASING MAN V" r' Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164. No Text r GENERAL INSTRUCTIONS TO BIDDERS F r I 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 MACKENZI , PARK SECURITY LIGHTING. 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. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: 5. TIME AND ORDER FOR COMPLETION LAURA RITCHIE BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (906)767-2164 The construction covered by the contract documents shall be fully completed within 90 (NINETY) 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 s- 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. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 7. 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 t' the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. S. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 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). 10. 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. 11. 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 intended 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. 12. 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. 13. 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 Contractor d the prosecution of the work gr g b3' during contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 14. 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 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. 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall r further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. PM 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. 16. 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. 17. 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. 18. LABOR AND WORKING HOURS r Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these t 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 r 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 1 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. (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. 19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 20. PROVISIONS CONCERNING ESCALATION CLAUSES Bids 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. 21. PREPARATION FOR BID The bidder shall submit his bid 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 intends 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 bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid 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: r (a) Bidders name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. M 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 PIans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. a BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: &f' (z Ydj" DATE: ftJ&A z I q q/, ` PROJECT NUMBER: BID 13477 - MACKENZIE PARK SECURITY LIGHTING t Bid of �,t t�i'-yyt.�-� -ter F To the Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: (hereinafter called Bidder) called Owner) FThe Bidder, in compliance with your invitation for bids for the construction of a having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends 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. BASE BID: Furnish all labor, tools, material, equipment, and incidentals necessary to fully and properly trench, install, and connect all poles and light futures as described in the plans and specifications (including 1900 Linear Feet of rock to be (s l TOTAL BASE BID:&-nt 40...E 1� �, i! .,��,t 'h _-L� `c, . �, -. ($_ /D ? 9 9 r1 00 ) l ALTERNATE NO.1: Furnish all labor, tools, materials, equipment, and incidentals necessary to fully [ and properly trench and install new pole Na 3, and connect 4 light futures as described in the plans and specifications. MATERIALS: (s o�, 5� % O Zi ) SERVICES: (z c1 g O lI ) TOTAL ALTERNATE NO. 1(A� �i cu.c..yC. �ti� �� • �� (s off: O ) F 'L ALTERNATE NO.2: Furnish all labor, tools, material, equipment, and incidentals necessary to fully and properly trench, and install new poles No. 35 and No. 36, and connect 4 light fixtures each as described in the plans and specifications. MATERIALS:YLt.,rw'� ` S' RVICES;, 1 ArO _ JCL lzl /��• - 1 / LVYLRI /1 J 1 � � ZG( �1��i J w ($ TOTAL ALTERNATE NO.2 (Add)• (s, ALTERNATE NO. 3: Furnish all labor, tools, material, equipment, and flacidentals necessary to fully and properly remove existing 2-way bullhorns from poles No. 61 and No. 67, and replace with 3-way bullhorns. Install and connect 1 new light fixture on each pole, as described in the plans and specifications. e , l MATERIALS: yzg� 9l to, d '0 ) l SERVICES.-, p 1 (S -34;2, O, 4 D ) 7 ALTERNATE NO. install, and connect No. 3). TOTAL. ALTERNATE NO.3 (Add): d e M �..,L. ��' .1 �_. (S / ea 01 O d ) qA, 4: Furnish all labor, tools, materi ui ent, and incidentals necessary to fully and properly trench, all poles and light fixtures with 3 - No. 4 copper wire (includes Base Bid, Alternate No.1, No. 2 and s .oa ) 9i7, ors ) UNIT COST PER LINEAR FEET FOR ROCK EVALUATION MATERIALS: �j (S O — /L. Ft.) SERVICES: L��(1 �1 ��� (S . 4 O /L. Ft.) B TOTAL UNIT BID: /L. Ft.) (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to hilly complete the project within 90 (NINEM 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 $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal 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 or all bids and to waive formality in the bid gh reJ� �3' any tY ding- 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. j' The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, c specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or F 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 bid 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 cxecute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars (S or a Bid Bond in the sum offf,��l, .mod .� �.,. 1.�.C�.� J� :: Dollars (S O , which it is agreed shall be collected and retained by the as liquidated damages in the efdht fhe bid 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 bid; 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 rmade available to him for his inspection in accordance with the Notice to Bidders. 1. (Seal if Bidder is a Corporation) ATTEST: Secretary F F aud A kuth 'zed IJLt Signature gnaQ�CtP W (Prin r Typed Name) Company, �© Ad Tess City, Coun _ / State Zip Code Telephone: !90 - 24 7— A 0 5L-q Fax Number. So L, -I ,,/ 7- I BOND NO. GE 5777517 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we Burl D. Boums dba Artex Electric Company, as PRINCIPAL, (hereafter called the Principal), and Gulf Insurance Company, a corporation duly organized under the laws of Misouri and authorized to transact a general surety business in the State of Texas as SURETY, (hereafter called f" the Surety), are held firmly bound unto: City of Lubbock as OBLIGEE, (hereinafter called the Obligee), in the ;sum equal to 5 % of the accompanying bid of the Principal, not to exceed $ 175.000.00 and the penalty amount shall not exceed $ 8.750.00 for the payment of which sum well and truly to be made, the said Principal and the F;said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 7THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to ,submit to the Obligee a proposal or bid, dated on or about the date mentioned below, for. (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit: 7 #13477 Mackenzie Park Security Lighting FNOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said rproposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted thereof after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof; and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee shall have actually suffered by reason of such failure not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis r-of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said Fbid. PROVIDED, always that this Bond shall not be valid and binding upon the Surety unless accompanied by a FCertified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. FSigned, sealed and dated this $1h day of February 19a, FIssued Through: BOLEY FEATHERSTON CO. 704 LAMAR rWICHITA FALLS, TEXAS 76301 I By ^� Principal By G",c� Attorney -in -Fact Laura Espinoza F1 /95 GULF INSURANCE COMPANY BOND KANSAS CITY, MISSOURI NUMBER G E 5 7 7 7 517 ` POWER OF ATTORNEY PRINCIPAL NAME ADDRESS ORIGNALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE CITY, STATE, ZIP SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECTASAN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL: Burl D. Bourns dba KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, 3508 Ave. J adopted by the Finance & Executive Committee of the Board of Directors of the said LubbOCk TX. 7941 Z Company on the 10th day of August, 1993, to wit: RESOLVED, that the President, Executive ;Vice President or any Senior Vice _ President of the Company shall have authority to make, execute and deliver a Power - pm of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as i may be selected from time to time; and any such Attorney -in -Tact may be removed y - EFFECTIVE DATE and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. 2-8-96 RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s}in-fact to sign, execute, acknowledge, deliver or other-,. CONTRACT AMOUNT t wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or $ 175 000 any Senior Vice President, and the Seal of the Company may be affixed to any such s Power of Attorney or any certificate relating thereto by facsimile, and any such BOND AMOUNT powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company . in the future with respect to any bond and documents relating to such bonds to which they are attached." — , , 8,750.00 Gulf Insurance Company. does hereby make, constitute and appoint Laura Espinoza. _. PM ` its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of t said attorney(s)-in-fact, pursuant to the authority herein given, are, hereby ratified and confirmed. l The obligation of the Company shall not exceed one million (SI,000,000.00) dollars. IN WITNTM WT-IEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to P- be hereto afrrxed. SV itANOE 00 GULF INSURANCE COMPANY J �p POggT� 4-A Z r SEAL ► so\) STATE OF NEW YORK Christopher E. Watson SS President COUNTY OF NEW YORK ) On this 1st day of February, 1994 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Westchester, State of New York; that he is the President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal afrrxed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. yJ�P KERp/C j �pTAq� Z 2L NyT I%Sor- �Qr Ursula Kerrigan STATE OF NEW YORK ) FOF NE`N No. 02 KE 5043950 r" ) SS Qualified In New York County COUNTY OF NEW YORK ) Comm. Expires May 15, 1997 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. SORANCE Q Signed and Sealed at the City of New York.. -k %#�PPOq.1 o%% SEAL Dated the 8th day of February , i9 96 . . *!�S S OVP` Lawrence P. Miniter ..:r __ ... Senior Vice President 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. LIST OF SUBCONTRACTORS Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 0 ❑ ❑ ❑ ❑ r F PAYMENT BOND BOND CHECK BEST RATING LICENS D I TEXAS DATL 3 Y r e ., STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that Artex Electric Caapany (hereinafter called the Principal(s), as Principal(s), and Gulf I a e Caupany (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ 134, 335.00) lawful money of the United States for the payment whereof; the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. VVHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 14th day of March , 19 96 , to F Eid 113477 — MackenzLe Park Secxurrity Lt*rdng r and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; F F r PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 20th day of March 19 96 . Gulf Insurance Company Surety .By. (Title) Laura Espinoza Atto y—in-Fact By: (Title) By: (Title) r L' The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin Um an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Everette Abernathie Surety e 4 ,n f By:-� (Title) Resident Agent Approved as to form: City of k r By. Civ<ttomcy Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. i f 1 i I i Y C F t 1 PERFORMANCE BOND BOND CHECK BEST RATING LICENS D I I ERAS DATl;��Y F r STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE 7 (CONTRACTS MORE THAN $100,000) Artex Electric Canpany KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and Gulf Insurance C 4=y �+ (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in 1 the amount of Dollars ($ i�35,- lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. r-• WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 4� 4V of March . 19_�6 to r Bid # 1-1477 - MarlenziP Park Security UOTUng 7 and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein- 7 NOW, 'THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain m full force and effect. F r F F PROVIDED, HOWEVER, .that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this �2 h1&y of March , 19 96. f Insurance Compmy Surety Z- By: * (Title) Laura Espinoza Attorney -in -Fact MOM-100 01 • 1 � By: (Title) By: (Title) 7" F r The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates ituvin D-= an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. ararQtta Surety *By: c r v�. 0 . � �,�. ) (Title) Resident Agent Approved as to Form City of Lubbock , r By: i ttorney Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. t 7 GULF INSURANCE COMPANY CW3 KANSAS CITY, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE r SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993. to wit: RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make. execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time: and any such Attorney -in -'act may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be ` valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint Laura Espinoza BOND NUMBER GE I PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP Artex Electric Company 3508 Ave. J Lubbock, TX. 79412 March 20, 1996 �$ 134,33-9.00 �$ 134,335.00 EFFECTIVE DATE AMOUNT BOND AMOUNT its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. \It,-SURANCe Co ` GULF INSURANCE COMPANYJ� PO Gggr� SEAL . 'rSiSS0)3P� STATE OF NEW YORK ) Christopher E. Watson SS President COUNTY OF NEW YORK ) On this Ist day of February, 1994 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Westchester, State of New York; that he is the President or the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said Instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. C J 0, K FR910 a NpTggy i N G r 9l�'D�9L� loin Ursula Kerrigan No. 02 KE 5043950 r.. STATE OF NEW YORK j SS oc NE`N Qualified in New York County i COUNTY OF NEW YORK ) Comm. Expires May 15, 1997 t. I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full force. SVftANCE C Signed and Sealed at the City of New York. \aVOPPOAAP� Opp v SEAL < Dated the 20th day of March ' 19 96 P Lawrence P. Miniter (, Senior Vice President W U O U U 7 t 1-AR-25 1996 12:59 HOLEY FEATHERSTON INS. , el? 322 9549 P.01/03 7 ro I_ fi PRODUCER N THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Boley Featherston Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Drawer 10 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW - COMPANIES AFFORDING COVERAGE. Wichita Falls TX 76307 COMPANY A BlTmffxous. INSUPANCE COMPANY BOLEY FEATHERSTON INSURANCE 817-723-7111 INSURED COMPANY a TEXAS WORKERS Comp INS FUND COMPANY C. ri ARTEX ELECTRIC COMPANY 3508 AVENUE J LUBBOCK TX 79412 COMPANY D _jEfIA THIS 13 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEOTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY RECIUIREMIFNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY EF ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED By THE POLICIES DESCRIBED HERON IS SUBJECT M ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTA POLICY EFFECTIVE POLICY EXPIRATIONLIMITS DATE (MM/DDNY) DATE MMIDDA'n I 1-RffjTY GENERAL AGGREGATE 1&2,ocol000 _GENERAL A Xj COMMERCIAL GENERAL LIAZILITY CLP2191056 06/15/95 06115196 PRODUCTS - COMPIOP AGG !t2,000,000 = CLAIMS MADE 17X OCCUR PERSONAL!, ADV IWJ14Y :01,000,000 OWNER'S L CONTRACTOR'S PROT EACH OCCURRENCE =$1,000.600 FIRE DAMAGE fAny one Ift 4 50,000 MLD Exp tAtty om noroon) 41 5. C) 0 0 AUTOMOftU uAaLrry A X ANY AUTO CAP1924689 06/15/95 06/15/9c COMBINED SINGLE LIMIT $500000 BODILY HAM (Per pursonj ALL OWNED AUTOS SCHEDULED AUTOS ROOILY INJURY tPor uddantl HIRED AUTOS I NON -OWNED AUTOS I PROPERTY DAMAGE 0 GARAGE UARILITY AUTO ONLY - EA —A— - — CM 1DENT OTHER THAN AUTO ONLY: ANY AUTO 1 EACH ACC— ICNTE AGGREGATE II EXCESS LIAOILITY EAc m O;CUFI;tmcc [—$ 1. 000,000 A X I UMBRELLA FORM CUP1852007 09/27/95 06115196 AciaRmAn I OTHER THAN UU2REUA FORM WORKERS COMPENSATION AND i X I STATUTORY LIMITS CUPLMRS'LIABLITY EACH ACCIDENT THE PROPRIETOR/ INCL FARTNERSIEXECUTWE TSF103969 10/01/95 10101196 DISEASE -POLICY LIMIT 1 $1,000,000 DrSE"E EACH EMPLOM 41,000,000 i OFFICERS AAE: EXCL OTHER DUCMFrXM OF OPEPATHUSIOCATIONSAMMICLESISPIEMAL ITEMS RE: BID 13477- XACKE=1E JPARX SECURITY LIGHTING WAIVER OF StMROGATION 19 ISSUED IN FAVOR Or HOLDER. MRTXFXCATE HOLDER IS SHOWN AS ADDITIONAL INSURED IN REGMWS TO THE ABOVE POLICY. �T'77'7777 LUBB003 fMQUW ANY DFTIE ABOVE VESCMBM POLICIES BE CANCELLED BEFORE TKS DMIRATION DATE THEREOF, THE tSSUINQ COMPANY WILL 9NDFAVOR TO MAIL CITY OF LUBBOCK P 0 BOX 2000 30 DAYS WAITTIIN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OUT FAIIMRE TO MAIL SUCH NOTICE SHALLIMPOSE NO OMiaA=N OR UAMUTY LUBBOCK TX 79457 OF ANY KIND UPON TIME COM!'AM. ITS A13EWS OR REPR2S2NTAI IVES. rAZWqR!;EV REPRESENTATIVE 1 rWr4S2M-eZAVNC 1. MAR-25-1996 17:40 BOLEY FEATHERSTON INS. AwiIR Rip. ': �:A:Y,�.7�+:�;:[r-��,�::v.. �><,:f� .:�:.=�,R �.,,•'>.: r.., B17 322 9549 P.01i02 :.:. :... ..,.n...` �'• wR.Y;a:i^.'i..,. 1..:. ",f:,+'K o-.i.;;., ;:.xv:.':'!x. .:.:fv.'K•::.:.:.::::.x. : ............... ,'K,: n.n%•✓w:::::^•!. ::..:ri::: w+ava:.... �'::%:%��.nv...% n:+xF n::n.. x.Hv:v,.. ,, ..,.. x.n...: �.., +.J.:':."•:.'..i •.:......, 7::.:' .:•i�Dx..::::. � • ::.:.. "x.,K. .v..:'n•w .. •w.:.a.... THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. H E COMPANY E(NOER I PR A/c.Ala, Extl: $17-723-7111 14202 All Epley Featherston insurance P. 0. Drawer 10 Wichita Falls TX 76307 BOLEY FEATHERSTON INSURANCE _ cops: 421-3231 spBccoE: CUSTOMER m- ARTEE-1 CITY Or LUBBOCK P 0 BOX 2000 LUBBOCK TX 79457 TYPE OF INSURANCE °RTY CAUSES OF LOSS BASIC F-1 BROAD F I SPSC COMMERCIAL GENERAL LIABILITY J CLAIMS MADE L__.J OCCUR OWNER'S & CONTRACTOR'S PROT RETRO DATE FOR CLAIMS MADE: ANY AUTO ALL OWNED AUTOS SCHEOULED AUTOS HIRED AUTOS NON-OWNM AUTOS r AUTO PHYMCAL DAMAGE DEDUCTIBLE COLLISION: OTHER THAN COL: GARA0E LIABILITY ANY AUTO 03/25l95 12a01 PM I N( THIS BINDER IB ISSUED TO EXTEND COVERAGE W THE ABOVE HAMM COMPANY PER EXPIRING POLICY I: ESCRIPTION OF OPERATIONSIVEHICLESfPROPFATY Ilnolueft Laa.dal SECURITY LIGRTING FOR MACMNZIE PARK- COVERAGEIFORMS AMENDED ALL VEHICLES L_j SCHEDULED VEHICLES UMBRELLA FORM i OTHER THAN UMBRELLA FORM J RMO DATE FOR CLAIMS WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY SPECIAL CONDITIONS/ COVEFAAGES ATTN CRARLOTTE 3508 AVENUE IT LUBBOCK TX 79412 w..c:AMOUNT .sp:.`.......�..0EOGCTmLE.x1R GENERAL AGGREGATE 1050000 COM f PRODUCTS - COMPIOP AGG f PFASONAL 6 ACV INJURY 1750000 RICH OCCURRENCE I FIRE DAMAGE tAny one rim I WED ExP (Anv one parson) COMBINED SINGLE LIMIT f I BODILY INJURY (Per parson} I BOOrLY INJURY (Par aft(fvtt S PROPERTY DAMAGE f MEDICAL PAYMENTS f PERSONAL INJURY PROT I UNINSURED MOTORIST I ACTUAL CASH VALUE I f STATED AMOUNT AUTO OTHER ONLY - BA ACCIDENT OTHER THAN AUTO ONLY: ' ^' EACH ACCIDENT S AGGREGATE EACH OCCURRENCE I AGGREGATE S SELF -INSURED RETENTION BTATUTORYLIMITS S _ EACH ACCIDENT S DISEASE - PpLICY LIMIT 6 DISEASE •EACH C+(PLOYEE I -- MORTGAGEE ADOMIONALINSURED LOSS PAYEE R CONTRACTOR d f. AWHORQW REPRESENTATIVE i Post -It' Fax Note 7671 Data _ 001 20 srfw INSU> aria T F md4.4 6 :G:ORFOt ran llianl 1 , I G'O. /f 1 F F F THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO,THE .CONDMONS.SNOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER fWCNNo.ExtY, 617-723-7111 COMPANY i BINDER# 14202 1#1 INSURANCE COMPANY Holey Featherston InsuranceBITUXINOUS IRA ION P. 0. Drawer 10 T>NI DATE TIME - X { AM x �1ZA' Wichita Falls TX 76307 03/25/96 12:01 ! 1 PM 0.4/25/96 ( NO( THIS BINDER ES ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRWGPOLICY st BOLEY FEATHERSTON INSURANCE CODES 421-3231 $US CODE: A ENCY CUSTOMER ID: ARTEE-1 DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (Inducing Looaclon) SECURITY LIGHTING FOR MACKENZIE PARK - INSURED CITY OF LUBBOCK P 0 BOX 2000 LOSEOCK TX 79457 ,•�/ Cn� ww,+ c, a,r4%�•GIL'�`iE�•w:.^%;'Mr w,<s..xmx •.x,.: %. ax r;xws •,r+b+ n. :x^ as c w < �.IlhiTs9.' � * •,'• ! �. xv%'<..S.wvv.vwvw%v S.�w..�•..* M... ., W4. ^ .v., ..v... .,uv..ex•%%+x•%.xO:a%✓AY%%•x.�x+xx'%m}x•+w;n+AK .�tr .,' .wN.•,r•+n .w.vw r.wx n ..:,wr.%, .'r ..�'��i•:�"n1r�:lmwirms.�,.1 %+x wnwxw.+x:KmKl iixF�.. .•,,,+ � .w.w.YYe P�•T I TYPE OF INSURANCE COVERAQMRMS AMOUNT DEDUCTIBLE { COINS PROPERTY CAUSES OF LOSS i I BASIC BROAD I_ 1 SPEC { i I � "NERAL LIABILITY GENERAL AGGREGATti 105000 O 0 COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG f I CLAIMS MADE I OCCUR PERSONAL 6 ADV INJURY f 500000 X OWNER'S & CON7RACTOR'S PROT EACH OCCURRENCE I f _ t FIRE DAMAGE (Any ono final ' (t I RETRO DATE FOR CLAIMS MADE: I MED EXP (Any ano person} i AUTOMOBILE LIABILITY ANY AUTO I ALL OWNED AUTOS i I COMBINED SINGLE LIMIT 8DOILY INJURY (Par parapnl BODILY INJURY (Par accident) f f f f SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE I MEDICAL PAYMENTS i PERSONAL INJURY PROT UNINSURED MOTORIST f f f AUTO PHYSICAL OHMAGE DEDUCTIBLE � ALL VEHICLES I SC14MULM VEHICLES i ACTUAL CASH VALUE CDLLIS:ON: I STATED AMOUNT f — OTHER THAN COL GARAGI LIABBJTY AUTO ONLY - EA ACCIDENT I f rj ANY AUTO I OTHER THAN AUTO ONLY: EACH ACCIDENT i a { AGGREGATE if EXCESS LIARIJOY EACH OCCURRENCE a AGGREGATE -- a UMBRELLA FORM SELF•INSURED RETENTION a I OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: I STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT I AND EMPLOYER'S LIABILITY I DISEASE -POLICY LIMIT i DISEASL - EACH EMPLOYEE f COVERAGE IS BOUND PENDING RECEIPT OF ORDERED POLICY SPECIAL OTHEDRmONSI COVERAGES ,../,.1,�:�:�.rrr• .:, - .... ...... - . axwuoex.x.w,.wrw :,m - - <7wr o xe• "t'a•..•.< xx+ea� R x%'IYtx. 4vx.v+. x.xaxy,..•.w...w.r.xay.>.xn,+,.,•.n.,...:. . .w " .w.w .YKIYICQ�SY'�exr ..................:.......",.w.w,: wwn,wxvxeta%...n n:wwx•.:.:.r::":'�:...,.•.....w.www.w:;•.vxw.ra:x.r^. .. ..,.. ARTEX ELECTRIC COMPANY ... w ..w.wxw.<%ax xaxm ' ••x.sx, ,: "x•%+ax x+x•xw„ xo-! a.:e+ran...,,Kx.,xn•%%:rw•r•r:;v::'..".,:`ww�.x:�."+%.a}x�xa�w%.,:a,•.x+o&%.•.. ...... MORTGAGE! ! ADDITIONAL INSURED w x ATTN CHARLOTTE 3508 AVENUE J LOSS PAYEE X CONTRACTOR . LUBBOCK TX 79412 i LOAN s AUTHORIZED REPRUENTATIvE A.... y , .••y �/ x'�MJ;wyn. ww.ww•x•%t[.. a%•.?••Nw,v •• •. af.1.N �t h��/fit . Y40V �'.�':l�Ki.9�xAbxxexr.xaxx:x%•x.:sRxx%mx•���FWL{:�MR7ej�'����Y[*fl!{i1T��:i/e�ta�M�-IGV'T,T,T�wy .. ........ .-:.:..ww...,wwvv.wxv.wi.:x.»x.x.wwr. S S x•n..:na•x ..,.. /��� .�5�1 y���/�pA'L� '•jG,�y •.y�/���,�y,.� y� :+.5•x•x;%a •1LY+VtY�fJr+�/1'fM�/1�y� AI:Ii1:11.��TIF1 .RODUCER poley Featherston Insurance ?. 0. Drawer 10 fichita Falls TX 76307 BOLEY FEATHERSTON INSURANCE 117-723-7111 YSURED ARTEX ELECTRIC COMPANY 3508 AVENUE. J LUBBOCK TX 79412 It.R�tt CusR DATE (MM/DDIYY) ART 03/20/96 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A BITUMINOUS INSURANCE COMPANY COMPANY B TEXAS WORKERS COMP INS FUND COMPANY C COMPANY D 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. +0 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS VTR DATE (MMIDD/YY) DATE (MM/DDJYY) GENERAL LIABILITY GENERAL AGGREGATE 12,000,000 PRODUCTS - COMP/OPAGG tt2r000r000 A X COMMERCIAL GENERAL LIABILITY C'LP2191056 06/15/95 06/15/96 CLAIMS MADE ® OCCUR OWNER'S & CONTRACTOR'S PROT PERSONAL & ADV INJURY $ 1 , 000 , 000 EACH OCCURRENCE $ 1 , 000 , 000 FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 500000 X ANY AUTO CAP1824889 06/15/95 06/15/96 BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY � HIRED AUTOS NON -OWNED AUTOS (Per accident) GARAGE LIABILITY 7 ANY AUTO MEXCESS LIABILITY A UMBRELLA FORM OTHER THAN UMBRELLA FORM CUP1852007 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N THE PROPRIETOR/ INCL TSF103969 PARTNERSIEXECUTIVE " OFFICERS ARE: EXCL PROPERTY DAMAGE 1 AUTO ONLY - EA ACCIDENT 0 OTHER THAN AUTO ONLY: EACH ACCIDENT (t AGGREGATE 1 EACH OCCURRENCE It 1 , 000 , 000 09/27/95 06/15/96 AGGREGATE t' e X I STATUTORY LIMITS EACH ACCIDENT $ 1, 000, 000 10/01/95 10/01/96 DISEASE -POLICY LIMIT $1,000,000 DISEASE - EACH EMPLOYEE $ 1, 0 0 0, 0 0 0 FEATHERSTON F t CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. -' Agent (Signature) Agent (Print) i a Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone #: Ag eP ( ) Date: 6. CONTRACTOR'S NAME: (Print or Type ) CONTRACTOR'S ADDRESS: NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806)767-2165. .• r BID 913477 - MACKENZIE PARK SECURITY LIGHTING r■ i' r CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of 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 (H) 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; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other comnssion 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: r } i REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or 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 51V440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to ,.. provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ..+ (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (10 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. ❑ IL FCONTRACT STATE OF TEXAS l COUNTY OF LUBBOCK r' THIS AGREEMENT, made and entered into this 14th day of March,1996, 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 ARTEX ELECTRIC COMPANY of the City of Lubbock County of Lubbock and the State of Texas, hereinafter termed CONTRACTOR. F F 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 # 13477 - MACKENZIE PARK SECURITY LIGHTING - $134,335.00 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 bid 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 WBEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. I ATTEST: AA nxL Secretary APPROVED AS TO CONTENT: Owner' resentative Ci ttomey r ATTEST: Corporate Secretary 7 r• �l[I' • •1E . PRINTED NAME: c.%- C I D R Ou- r N-S COMPLETE ADDRESS: Artex Electric Company 3508 Avenue J Lubbock, Texas 79412 GENERAL CONDITIONS OF THE AGREEMENT 7 r F F F 2. 0 4. 6. 7. GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to-wit:ARTEX ELECTRIC COMPANY, who has agreed to perform the work embraced in this contract, or to his or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to CRAIG WUENSCHE, LANDSCAPE ARCHITECT. City of Lubbock, under whose supervision these contract documents, including 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. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, 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. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no 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. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. r 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsitc inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be famished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. Imo" 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY r B c° Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work ° which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any t action on the contract, and to any rights of the Contractor to receive any money under this contract.. 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. 15. 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 r 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 r- 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 F- 17. CONTRACTOR'S UNDERSTANDING 0 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 may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's 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 thercot, 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 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 shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (1511a) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply t 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 pT Damage and Workers' 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 i 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 1000K, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and 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 bid, 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 bid to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' 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 i 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 r" 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 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. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $750,000 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) B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $750,000 Combined Single Limit. This policy shall be submitted prior to contract execution. r t C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (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 $750,000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. 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. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. x ! 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: i' (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, 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; (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 coverage, 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, r (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 worker'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 any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of overage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of overage 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 overage, if the coverage period shown on the current certificate of overage ends during the duration of the project; (e) retain all required certificates of overage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the 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 overage. 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 he 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 Teras 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 provide 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 overage period, a new certificate of overage showing extension of coverage, if the overage period shown on the current certificate of overage ends during the duration of the project; (y) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of overage, prior to the other person beginning work on the project; and (2) prior to the end of the overage period, a new certificate of overage 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 overage 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) - (I), 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 privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS. LABORERS. MATERIALMEN. AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness 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. r- d M. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION eft The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner, provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from arty 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 arty claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. ffthe 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. TRAE FOR COMPLETION AND LIQUIDATED DAMAGES r It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and } time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. : If the Contractor should neglect,fail or refuse to complete the work within the time herein r p specified, or airy P� 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 $200 (TWO HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the �.. work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for 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 r� extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is i i i� 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. IT E 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 bid; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends 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 TINM The Contractor agrees that he has submitted his bid 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 consider such written request and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project 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. OUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder.. Where the estimated quantities are shown for the various classes of work to be done and material to be fiunished 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 bids offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be P- 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. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the ! Contractor, and on the delivery of all materials embraced in this contract in full conformitywith the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid attached hereto, which r has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, r, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work Contractor shall at any time requested during the progress of the work furnish the Owner or owner's Representative with a verifying certificate ,.., showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by 4 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 r" Representative's Certificate of Partial Payment, less S% of the amount thereof; which S% 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 r., Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the j 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 t 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 has 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. T1ME 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 r w r and the Owner in writing within ten (10) days after thedateof delivery to Contractor of the final decision of the Owners Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. rw 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 r R 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 thercMth. 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. r In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the '" site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached bid, 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. 51. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $ 100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative r 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 onto the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. F r CURRENT WAGE DETERMINATIONS I 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. anettd. Boyd, City Secretary APPROVED T ONTENT: till-P�yne, D rector of Building Services r e- & 1hU09---4 B.C. McMINN, MAYOR APPROVED AS TO FORM: T1 k, 4 �e Do Id G. Vandiver, First Assistant City Attorney EXHIBIT _A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 511.60 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 r 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 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 0 Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. hk F. F SPECIFICATIONS F r MacKenzie Park Security Lighting Parks Capital Project - 1995 r Parks & Recreation Department i . City of Lubbock, Texas SECTION O1 SUMMARY OF WORK 1.01 Scope of Project A. Contractor shall supply all supervision, perform all work, furnish all labor, tools, materials, equipment, and incidentals necessary to fully and properly perform all work at the park listed above, and as described in the plans and specifications. All construction and other work shall be completed in accordance with all governing codes and ordinances, with the best engineering ,., and construction practices, including material mfrs. recommendations for installation and workmanship, for the skill or trade involved. B. We request that your proposal be made in conformance with the guidelines contained in the specifications and on all plans. The contract will be awarded to the company with the proposal determined to be the most advantageous to .the City of Lubbock. C. Work to be performed in such an order that the remaining park amenities do not suffer due to the work being performed. 1.02 Work Included A. Section 02 - Product Substitution B. Section 03 - Electrical 1.03 Additional Information A. All information under General Instructions To Bidder, General Conditions of Agreement, and Special Conditions apply to this section. B. These plans and specifications were prepared by the Parks Department (which shall be called Owner). Owner shall verify all construction stakes for locations of elements at project sites. ` C. Bidder shall be prepared to send owner a price breakdown of any and/or all items he has bid on. Price breakdowns will only be requested after the bid opening has taken place. 2. Quality Assurance 2.01 Contractors on Site Responsibilities A. Contractor shall take all precautions necessary to protect all existing trees, �^ shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done or that may be located adjacent to or in -route across park property to the job site. The Contractor shall rebuild, restore, and make good +� at his own expense, all injury and damage to same which may result from work being carried out under this contract. r- B. The Contractor shall not park or drive any vehicles or equipment beneath the drip line of on -site trees and shrubs. Contractor and employees shall not park on unsurfaced park property and shall not drive vehicles across park land unless it is directly necessary to deliver materials to the job site. Pre -mix concrete trucks delivering concrete to the site shall not dump slag or wash down their vehicles on park property or adjacent private property. Contractor shall be responsible for notifying concrete truck drivers of this policy. C. The Contractor shall take all necessary precautions to assure the safety of the park visitors during the construction and clean-up operations. The Contractor shall maintain and keep in good repair the work intended under these Plans and Specifications and shall perform all necessary repair, construction, and renewal to the date of acceptance by Owner. D. Any utility and irrigation lines shown on plans are for design and construction information only. The depth of utility lines are not guaranteed. All underground lines are referenced from known surface structures. It is not implied that all existing public utility lines are shown on plan. Park utilities include irrigation systems, and park lighting, all others are public utilities. The Contractor's attention is directed to the fact that other underground utility lines may exist that the Owner is not aware of. The owner does not assume any responsibility for any public utilities which are not shown on plans. It is the Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. Damage to utilities will be repaired at Contractor's Expense. Park development staff will assist in the design and relocation of utility lines. E. Contractor shall be responsible for protection of unfinished work and shall be responsible for the safety of park users utilizing the unfinished equipment. Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. F. The contractor shall be responsible for all damage to work due to the failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by the contractor at his own expense. The contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to contractor of City's certificate of acceptance of the project. G. Contractor shall be responsible for removal, hauling, and disposal of all construction debris and unusable material from proposed construction areas and designated sites as shown on plans and in specifications. Owner shall retain the right to any existing materials deemed to have value. H. Contractor is responsible for inspection of site, to verify all existing conditions. Contractor shall be responsible to fully and properly complete all work as described in the specifications and shown on plans. I. To furnish and supply all supervision, equipment, and labor necessary to perform excavation, grading, backfill, compaction, and stock piling of material as specified herein and on the plans. 2.04 Product Delivery, Storage, and Handling A Protect all materials from inclement weather: wet, damp, extreme heat, or cold, theft, damage, or vandalism. B. All manufacturer's labels, installation instructions, and shop drawings shall be in included for each item ordered. r.. 2.05 Equipment Check The Contractor shall, one week after installation of equipment, check that all parts are secure and are in good working condition. 2.06 Clean-up A. Demolition debris shall be removed from the site prior to commencement of construction work. B. Within three days after completion of site, the contractor shall clean, remove rubbish and temporary structures from the site, restore in an acceptable manner all property, to It's original integrity both public and private, which has been damaged during the prosecution of work, and leave the site of the work in a neat and presentable condition throughout. The cost of the "cleanup" shall be included as a part of the cost of the various items of work involved, and no direct compensation will be made for this work. This work shall be done before final acceptance by the owner will be considered. C. Contractor shall clean up and haul off all construction debris, including excavated rock material. Area shall be graded back into existing grade smoothly. D. All spare parts or other pieces of equipment shall be turned over to the Owner following completion of the project. 2.07 Warranty A. Contractor shall guarantee all labor, workmanship, and materials supplied by contractor for a period of one (1) year from date of acceptance. B. Repairs made necessary due to faulty workmanship shall be made promptly by Contractor at Contractor's expense. End -of -Section 01 t '•• 3 SECTION 02 PRODUCT SUBSTITUTION 1. Work included A. Section 01 - Summga of Work B. Section 03 - Electrical 2. Substitutions 2.01 Conditions for substitutions ("OR EQUAL") A. In the event that the clause "OR EQUAL" is used in the specifications pertaining to materials, the Bidder desiring to make substitutions for specified equipment shall submit the following: 1. Product identification, including manufacturer's name, address, and product literature. 2. Product description. 3. Product performance and test date. 4. Reference standards. 5. Manufacturer instructions for maintenance and repairs. B. Request for substitution should be included with the overall bid and will be considered before contract is awarded. C. After contract is awarded, no substitutions will be considered. It will be Bidder/Contractor's responsibility to ensure the availability of specified product or substitution before bid date. D. Bidder shall provide the same guarantee for substitution as for product or method specified. E. Bidder shall coordinate installation of accepted substitution into work, making such changes as may be required for work to be complete in all aspects. F. Bidder shall waive all claims for additional costs related to substitution which consequently becomes apparent. G. Bidder shall be prepared to send owner a price breakdown of any and/or all items he has bid on. Price breakdowns will only be requested after the bid opening has taken place. 2.02 Substitutions will not be considered if: A. They are indicated or implied on shop drawings or project data submittals without being formally described in detail as to their differences from what was originally specified. B. Acceptance will require substantial revision of the original layout of the project. End -of -Section 02 4 r SECTION 03 - GENERAL PROVISIONS FOR ELECTRICAL 1 Work included A. Section 01 - Summary► of Work B. Section 02 - Product Substitution 1.01 CHECKING DOCUMENTS: The drawings and the specifications are numbered consecutively. The Contractor l shall check the drawings and specifications thoroughly and shall notify the Owner of any discrepancies or omissions of sheets or pages. Upon notification, the Owner r will promptly provide the Contractor with any missing portions of the drawings or specifications. No discrepancies or omissions of sheets or pages of the contract documents will relieve the Contractor of his duty to provide all work required by the complete contract documents. 02 INSPECTION OF SITE: The bidders for the work under these sections of the specifications shall inspect the existing installations and thoroughly acquaint themselves with conditions to be met and the work to be accomplished in removing and modifying the existing work, and in installing the new work. Failure to comply with this shall not constitute grounds for any additional payments in connection with removing or modifying any part of the existing installations and/or installing any new work. 1.03 MANUFACTURER'S DIRECTIONS: All manufactured articles shall be applied, installed and handled as recommended by the manufacturer. 1.04 MATERIALS AND WORKMANSHIP: A. All materials shall be new unless otherwise specified and of the quality specified. Materials shall be free from defects. All materials of a type for which the Underwriters Laboratories, Inc. have established a standard shall be listed by the Underwriters Laboratories, Inc. and shall bear their label. B. The Owner reserves the right to call for samples of any item of material offered in substitution, together with a sample of the specified materials, when, ` in the Owner's opinion, the quality of the material and/or the appearance is ,.r involved and it is deemed that an evaluation of the two materials may be better made by visual inspection. C. The Contractor shall be responsible for transportation of his materials to and ,.. on the job, and shall be responsible for the storage and protection of these materials and work until the final acceptance of the job. The Contractor shall also be responsible for the security and protection of any existing lights on poles that are removed and stored prior to reinstallation. D. The Contractor shall furnish all necessary scaffolding, tackle, tools and appurtenances of all kinds, and all labor required for the safe and expeditious r` i execution of his contract. 5 E. The workmanship shall in all respects be of the highest grade and all construction shall be done according to the best practice of the trade. 1.05 SUBSTITUTION OF MATERIAL: A. In general, where a definite material or only one manufacturer's name is mentioned in these specifications, it has been done in order to establish a standard. The product of the particular manufacturer mentioned is of satisfactory construction and any subtitling must be of quality as good as or better than the named article. No substitution shall be made without review by the Owner, who will be the sole judge of equality. B. Lighting fixtures and controls for this project have been specified as a "no substitute" item in order to maintain interchangeability with other installations, to maintain compatible life with City of Lubbock standard warehouse stocks and to assure compatibility with existing spare parts inventories. C. The Contractor shall submit for approval a complete list of the materials proposed to use. This list shall give manufacturers' names and designations corresponding to each and every item and the submission shall be accompanied by complete descriptive literature and/or any supplementary data, drawings, etc., necessary to give full and complete details. D. Should a substitution be accepted under the provisions of the conditions of these specifications, and should this substitute prove to be defective or otherwise unsatisfactory for the service for which it is intended within the guarantee period, the Contractor who originally requested the substitution shall replace the substitute material with the specified material. 1.06 SHOP DRAWINGS: A. Wherever shop drawings are called for in these specifications, they shall be furnished by the Contractor for the work involved after review by the Engineer as to the make and type of material and in sufficient time so that no delay or changes will be caused. This is done in order to facilitate progress on the job and failure on the part of the Contractor to comply shall render him liable to stand the expense of any and all delays, changes in construction, etc., occasioned by his failure to provide the necessary details. Also, if the Contractor fails to comply with this provision, the Owner reserves the right to go directly to the manufacturer he selects and secure any details he might deem necessary and should there be any charges in connection with this, they shall be borne by the Contractor. B. Shop drawings will be reviewed by the Owner for general compliance with the design concept of the project and general compliance with the information given in the contract documents. Review by the Owner and any action by the Owner in marking shop drawings is subject to the requirements of the entire contract documents. Contractor will be held responsible for quantities, dimensions which shall be confirmed and correlated at the job site, fabrication processes and techniques of construction, coordination of all trades and the satisfactory performance of his work. 6 E C. Shop drawings submitted shall not consist of manufacturers' catalogues or tear sheets there from that contain no indication of the exact item offered. Rather, the submission of individual items shall designate the exact item offered and shall clearly identify the item with the project. D. All shop drawings shall be submitted at one time and shall consist of a bound r catalogue of all shop drawings under each section, properly indexed and certified that they have been checked by the Contractor. E. The omissions of any material from the shop drawings which has been shown on the contract drawings or specified, even though reviewed by the Engineer, shall not relieve the contractor from furnishing and erecting same. 1.07 PROTECTION OF APPARATUS: The Contractor shall at all times take such precautions as may be necessary to properly protect existing equipment to be reused or his new apparatus from damage. This shall include the erection of all required temporary shelters to adequately protect any apparatus stored in the open on the site. 1.08 PERMITS, FEE, ETC. A. The Contractor under each section of these specifications shall arrange for a r- permit from the local authority. The Contractor shall arrange for electric services as required. If any charges are made by the utility company due to the work on this project, the Contractor shall pay these charges, including charges !' for metering, connection, street cutting, etc. The Contractor shall pay for any inspection fees or other fees and charges required by ordinance, law, codes and these specifications. r B. The Contractor shall protect all existing landscaping, trees, irrigation systems and park facilities during the construction of the project. The Owner will provide maps and field location of all existing underground irrigation, electric, and control lines. Should a buried line be damaged that is within ± 3 feet of the location as marked by the Owner, the contractor shall be responsible for repair of the damaged line without any additional compensation. Should a buried line be damaged by the Contractor that has not been located by the Owner or has not been located within + 3 feet of its actual location, the r. Contractor shall immediately notify the Owner. The Owner shall then determine whether the repairs will be made by the Contractor or by the ` Owner's personnel. If the Owner directs the Contractor to make the repairs, r-• the Contractor shall be reimbursed for the repair of improperly located lines. Any streets, curbs, sprinkler heads, trees, equipment or facilities that are damaged by the Contractor shall be repaired by the Contractor at this own expense. 09 LAWS, CODES AND ORDINANCES: All work shall be executed in strict accordance with all local, state and national codes, ordinances and regulations governing the particular class of work involved, as interpreted by the inspecting authority. The Contractor shall be responsible for the final execution of the work under this heading to suit those requirements. Where these specifications and the accompanying drawings conflict with these requirements, the Contractor shall report the matter to the Engineer, shall prepare any supplemental drawings required illustrating how the work may be installed so as to comply and, on approval, make the changes at no cost to the Owner. On completion of the various portions of the work the installation shall be tested by the constituted authorities, approved and, on completion of the work, the Contractor shall obtain and deliver to the Owner a final certificate of acceptance. 1.10 TERMINOLOGY: A. Whenever the words "furnish", "provide", "furnish and install," "provide and install', and/or similar phrases occur, it is the intent that the materials and equipment described be furnished, installed and connected under this Division of the Specifications, complete for operation unless specifically noted to the contrary. B. Where a material is described in detail, listed by catalogue number or otherwise called for, it shall be the Contractor's responsibility to furnish and install the material. C. The use of the word "shall" conveys a mandatory condition to the contract. D. "This section" always refers to the section in which the statement occurs. E. "The project" includes all work in progress during the construction period. F. Indescribably the various items of equipment, in general, each item -will be described singularly, even though there may be a multiplicity of identical or similar items. 1.11 COOPERATION AND CLEANING UP: A. The contractor for the work under each section of these specifications shall coordinate his work with the work described in all other sections of the specifications to the end that, as a whole, the job shall be a finished one of its kind, and shall carry on his work in such a manner that none of the work under any section of these specifications shall be handicapped, hindered or delayed at any time. B. At all times during the progress of the work, the Contractor shall keep the premises clean and free of unnecessary materials and debris. The Contractor shall, on direction at any time from the Engineer, clear any designated areas or area of materials and debris. On completion of any portion of the work, the Contractor shall remove from the premises all tools and machinery and all debris occasioned by the work, leaving the premises free of all obstructions and hindrances. C. Trenching shall not be left open overnight. Trenching shall only be performed to the extent that it can be completed and back -filled during the same day. Any trenches that must remain open overnight shall be barricaded and lighted with approved flashing lights to prevent injury to park users or pedestrians. 1.12 SALVAGE MATERIALS: A. The Contractor shall remove existing equipment, piping, duct, conduit, wire, junction boxes, light fixtures and other items associated with the electrical systems where shown on the drawings. Where such items are exposed to view or uncovered has no continuing function (as determined by the Engineer), they shall be removed by the contractor. B. Existing items (see above) where concealed which is not disturbed, abandon in place, Plug, cap, disconnect or otherwise render harmless all such items. r. C. All items or materials removed from the project shall be made available for the Owner's inspection. The Owner retains the option to claim any item or material. Contractor shall deliver any claimed item or material in good condition to the place designated by the Owner. All item not claimed become the property of the contractor and shall be removed from the site. 1.13 GUARANTEE: Unless a longer guarantee is hereinafter called for, all work, material and equipment items shall be guaranteed for a period of one year after acceptance by the Owner. All defects in labor and materials occurring during this period, as determined by the Owner, shall be repaired and/or replaced to the complete satisfaction of the Owner. Guarantee shall be in writing and in triplicate. 14 COMPLETION REQUIREMENTS: Before acceptance and final payment the Contractor shall furnish: 1. Accurate record drawings, shown in red ink on blue line prints furnished for that purpose all changes from the original plans made during installation of the work. Drawings shall be filed with the Owner when the work is completed, 2. All manufacturers' guarantees, 3. All operating manuals, 4. Guarantees. r- 1.15 CONTRACTOR'S RESPONSIBILITY FOR FINAL INSPECTION: 0 Before calling for the final inspection, the Contractor shall carefully inspect his work to be sure it is complete and according to plans and specifications. r f' F 9 1.16 EXISTING UTILITIES: A. The Owner will provide the Contractor with plans of the existing irrigation system and will assist the Contractor in locating and flagging existing water lines, sprinkler heads, conduit, etc.. However, the plans shall not be construed as certified survey drawings. The Owner shall assume no liability for the accuracy of the existing drawings nor for not indicating or designating existing systems. B. The Contractor shall assume all responsibility for the location of all existing utilities. Care shall be taken in the excavation for installation of new work. Damage to existing systems shall be repaired by the Contractor with no additional cost to the Owner. 10 FSUBSECTION 02 RACEWAYS AND FITTINGS 1. GENERAL 1.01 NOTE: Conform with applicable provisions of the General Conditions, Special Conditions, r General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS: Submit manufacturer's data on all materials. 1.03 SCOPE: t The work shall include furnishing and installing all rigid steel and flexible metallic conduit, intermediate metallic conduit, electrical metallic tubing, polyvinyl chloride r. conduit, wireways, pull and junction boxes and outlet boxes, together with all supporting devices and other accessories required. r- 2. PRODUCTS: 2.01 CONDUITS: A. Rigid Steel Conduit: Rigid, threaded, thick -wall; galvanized inside and outside or galvanized outside with a protective coating inside; UL listed and labeled according to Standard UL6; conforming to ANSI Standard C80.1; Pittsburgh, Republic Steel, Robroy or Allied. B. Flexible Metal Conduit: Spirally wound with hot dip galvanized steel strips i (commercial Greenfield); conforming to UL Standard UL 1 and UL listed and labeled; Triangle Conduit and Cable Company, or equivalent. r- C. Liquidtight Flexible Metal Conduit: Spirally wound with hot dip galvanized steel strips as for flexible metal conduit; with polyvinyl chloride cover extruded over the exterior to make conduit liquidlight; UL listed; Electric -flex type "LA" or equivalent. 2.02 CONDUIT FITTINGS: A. Couplings and Terminations for Rigid Steel Conduit: Factory made steel threaded couplings; bushing at all boxes and cabinets, with locknuts inside and r. outside box or cabinet. B. Couplings and Terminations for Electrical Metallic Tubing: Join lengths of EMT with steel compression type couplings and connectors where exposed to r the weather or in wet locations. Otherwise use steel, set -screw couplings and connectors. The connectors shall have insulated throats or a smooth interior so as not to damage the insulation during wire pulling operations. !" C. Couplings and Terminations for Flexible Metal Conduit: T & B 440 Series i couplings at connections between flexible and rigid conduit; T & B 3110 or 3130 Series nylon insulated throat, steel connectors at box or cabinet 7 terminations. a f 1 D. Couplings and Terminations for Liquidtight Flexible Metal Conduit: T & B 5271 Series adapters at connections between flexible and rigid conduit; T & B 5331 Series nylon insulated throat, steel connectors at box or cabinet terminations. 2.03 PULL BOXES AND JUNCTION BOXES: A. Sheet steel, galvanized inside and outside, with galvanized covers. B. Small Boxes: For boxes where the volume required is not over 100 cubic inches, use standard outlet boxes. C. Larger Boxes: For boxes where the volume required is over 100 cubic inches, use cabinets as specified for panelboard cabinets with covers of same gauge as boxes, secured with corrosion resistant bolts or screws. 3. EXECUTION 3.01 INSTALLATION OF BUILDING RACEWAYS: A. All wiring of every description shall be run in conduit or electrical metallic tubing unless noted or specified otherwise. Conduits may be run exposed in machinery and electrical rooms and unfinished areas. All other conduits shall be run concealed unless otherwise noted. All exposed runs shall be installed parallel to the surface of the building in a neat and orderly manner. B. Types: All conduits installed in wet or damp locations, or on roofs shall be rigid galvanized steel conduits. Above grade interior conduits shall be rigid galvanized steel conduits, or EMT. In sizes up to and including 1-1/2", electrical metallic tubing may be used in dry locations where not subject to mechanical damage. EMT may be used in air conditioned spaces, such as accessible ceilings, dry wall partitions and exposed where 6' above the floor. EMT shall not be used outside, in concrete, underground, in under -floor spaces, in masonry walls, in locations likely to be damp, or exposed within 6' of the floor. Conduits installed below grade in slabs or buried in earth shall be PVC or rigid galvanized steel. C. Sizes: Size and install raceways so that conductors may be drawn in without injury or excessive strain. Make field bends with approved bending devices. Do not install bends or offsets in which conduit is crushed, deformed or otherwise injured. Sizes of conduits shown on the drawings are minimum sizes to be installed. D. Connections: Use lengths of flexible metal conduit, not less than 12" long at final connections to all motors, generators, controls and other devices subject to movement because of vibration or mechanical adjustment. Use flexible metal conduit also at connections to recessed lighting fixtures, and elsewhere as required. In damp or wet locations, and where installed outdoors, use liquidtight flexible metal conduit. 12 MM E. Around Heat Producing Equipment: Do not install raceways within 3" of steam and hot water pipes, breaching and flues, except where crossings are unavoidable, and then keep raceways at least V from insulation on the pipe, breaching or flue crossed. Wherever possible, avoid installing raceways directly above or in close proximity to boilers and other like objects operating i" at high temperatures. F. Damp or Wet Locations: In damp or wet locations make every effort to avoid installing raceways in a manner which will create moisture traps. Where they must be so installed, seal both ends of raceways with an approved sealing compound to prevent "breathing" and moisture condensation within the r- raceways. G. Different Systems: In systems operating at more than 300 volts between phase conductors, where different phase conductors are to be run to a common gang wall switch box, install a separate conduit for each different phase wire and its return switch leg, and provide substantial barriers between adjacent switches in the box so that two different phase wires will not be the same compartment. H. Joining Rigid Conduits: Join with threaded couplings. Ream out all conduit ends after threading. Secure rigid conduits at panel boxes, junction boxes, pull boxes, switchboards, support boxes, or sheet metal outlet boxes by galvanized locknuts, inside and outside, with insulating bushing inside. Unthreaded set screw type couplings or connectors are not acceptable in rigid conduit systems. No running threads shall be used anywhere in conduit systems. I. Protection of Raceways: Seal ends of all raceways with blank discs ("pennies"), push pennies or other approved closers during construction. Do not pull any conductors into raceways until all plastering in the vicinity is completed. Swab out all raceways before pulling in conductors J. Penetrations: Wherever raceways pass through floors, walls partitions, etc., carefully fill any space between the outside of the raceway and the building material to prevent passage of air, water, smoke and fumes. Filling material shall be fire resistive and, in general, similar to the basic building materials through which the raceway passes. 3.02 CONDUIT SUPPORTS: A. Support spacing: Use minimum spacing as directed by National Electrical Code, but space hangers more closely where required by conditions. B. Vertical conduit risers: Support vertical conduits at each floor by means of riser clamps or U-bolts, clamping them to a steel channel bridging the opening in the floor. C. Individual Conduits: Support conduits running vertically or horizontally with galvanized malleable iron one hole clamps. Carry individually supported horizontal conduits 1-1/4" and larger on Kindorf No. 150 or Steel City No. C- 149 hangers. Use no perforated strap iron as hanger material. Where conduits smaller than 1-1/4" are installed above metal lath and plaster ceilings or mechanically suspended dry ceilings of the non -removable type, they may be 13 I supported on ceiling runner channels. Where conduits smaller than 1-1/4" are installed above removable ceilings, attach them to the structure or bar joists (where present) or support them on threaded hanger rods with clips. Do not use any wire to support conduits or to attach conduits to supporting member. Locate conduits a sufficient distance above the ceiling to permit removal of the ceiling panels. Locate them so as not to hinder access to mechanical and electrical equipment through the ceiling panels. D. Multiple Conduits: Where multiple raceways are run horizontally at the same elevations, they may be supported on trapezes formed of sections of Unistrut angle iron or channels suspended on rods or pipes. Size trapeze members including the suspension rods for the number size and loaded weight of the conduits they are to support. Space them as required for the smallest conduit supported. 3.03 INSTALLATION OF OUTLET BOXES: A. Usage: Provide at each outlet or device of whatever character a metal outlet box in which conduits shall terminate. B. Boxes recessed in construction: Sheet steel boxes. C. For Lighting Fixture Outlets: 4" octagonal by 1-1/2" minimum depth with 3/8" fixture stud for incandescent lights which are surface mounted, wall mounted or suspended. D. For Wall Switches, Receptacles and Communications Use: Use 4"x4" size with proper square cornered tile wall cover, plaster cover, or finishing plate, except where construction will not permit or the device requires a larger box. E. Wall Mounted telephone Outlet Boxes: 4-11/16" square by 2-1/8" deep, unless otherwise noted or unless wall construction requires a smaller box. F. Boxes for exposed Work: Cast metal boxes. G. Boxes for Outdoors: Cast metal boxes with gasketed covers. 3.04 INSTALLATION OF PULL AND JUNCTION BOXES: A. Sizing: Size all pull and junction boxes in accordance with NEC, using larger sizes than required by code where job conditions so indicate. B. Mounting: Fasten all boxes securely to the building construction, independent of conduit systems. On concealed conduit systems where boxes are not otherwise accessible, set box covers flush with finished surfaces for access. C. Identification of Pull and Junction Boxes: Each pull and junction box shall be labeled with indelible ink to indicate the wiring contained inside the box. The label shall indicate the panel and circuit number of the wiring contained. The cover plates of boxes serving emergency circuits shall be painted red. Boxes serving other systems shall be indicated by name (Fire Alarm, P.A., Telephone, Data Cable, Nurse Call, Etc.) 14 r. b SUBSECTION 03 - UNDERGROUND ELECTRICAL DUCT 1. GENERAL 1.01 NOTE: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS: Submit manufacturer's data on all materials. 1.03 SCOPE: The work shall include furnishing and installing all underground electrical duct and direct burial conduit, together with all other accessories required. 2. PRODUCTS: 2.01 CONDUITS: A. Underground Plastic Conduit: Type 40, heavy wall, high impact rigid virgin polyvinyl chloride (PVC) conduit and fittings, conforming to NEMA Publications TC2 and TC3 and UL listed for direct burial use; Carlon or 7 equivalent. B. Rigid Steel Conduit: As specified under Raceways and Fittings. C. PVC Coated Steel Conduit: The conduit before coating shall conform to UL C Standard UL6 and ANSI Standard C80.1. The conduit after coating shall meet NEMA Standard C80.1. The conduit after coating shall meet NEMA Standard TN1-1974. The polyvinyl chloride coating shall be bonded to the galvanized router surface of the conduit. The coating shall be a minimum of .020 inches (20 mil). A loose coupling shall have a PVC coating bonded to the outer surface with a PVC sleeve extending from both ends such that when the rcoupling and conduit are joined there shall be no exposed metal. 2.02 PULLBOXES: Pullboxes for underground lighting circuits shall be buried, fiberglass type with a bolted on cover. Boxes shall be equal to Carson Industries Model 1491-13B. 3. EXECUTION 3.01 EXCAVATION: 7 A. Perform all excavation work required in connection with the installation of the work under this Division. After the electrical work has been installed, tested and approved, backfill all excavations with suitable material. Include the PM cutting of all sidewalks, streets and other pavement and repairing the openings in them to return to the surface to approximately its original condition. B. Perform all excavations of every description of whatever substances r" encountered and to the depths required for installation of the work under this Division. r f 15 C. During excavation, stack material suitable for backfilling in an orderly manner a sufficient distance from the banks of the trenches to prevent slides or cave- ins. Remove all excavated material not required or suitable for backfill, or waste as directed. Control grading to prevent surface water from flowing into excavations and remove any water accumulating therein by pumping. D. Use open cut grading and make trenches of the necessary width for proper installation of the lines with banks as nearly vertical as possible. E. Grade the bottom of trenches accurately to provide uniform bearing and support for conduit or duct on undisturbed soil at every point along its entire length. F. Refer to Section 16000 for the protection and location of existing irrigation, control, and electric lines. 3.02 BACKFILLING: A. Carefully backfill trenches with earth, sandy clay, sand and gravel, soft shale or other approved material free from large clods of earth or stone, deposited in thoroughly and carefully rammed 6-inch layers. Do not use blasted rock, broken concrete or pavement, or large boulders as backfill material. Settling the backfill with water will be permissible and will be requirement when so directed. Re -open any trenches improperly filled or where settlement occurs to the depth required for proper compaction, then refill, mound over and smooth off. B. Backfill open trenches across roadways or other areas to be paved as specified above except that the entire depth of trench shall be backfilled in 6-inch layers, each layer moistened and compacted to a density of not less than 95% Standard Proctor in such manner as to permit the rolling and compaction of the filled trench together with the adjoining earth to provide the required bearing value and permit paving of the area immediately after backfilling is completed. Along all other portions of the trenches, grade the ground to a reasonable uniformity and leave the mounding over the trenches in a uniform and neat condition. 3.03 OPENING AND CLOSING PAVEMENT: Where excavation requires the opening of existing walks, streets, drives or other existing pavement, including "black topping," cut the pavement as required. Hold the size of the cut to a minimum consistent with the work to be accomplished. After the installation of the new work is completed and the excavation has been backfilled patch the paving using materials to match those cut out. Take care that the patches are level with the original surfaces and thoroughly bond with them. 16 3.04 INSTALLATION OF CONCRETE ENCASED CONDUITS: A. Use plastic conduits as specified, installed with steel reinforced concrete encasement, with a minimum of 6" of concrete between conduits. Provide at least 30 inches of cover from top of concrete encasement to finished grade. B. Support conduits completely in the trench before any concrete is poured, using j! factory -fabricated plastic conduit spacers in staggered configuration to provide II the proper horizontal and vertical spacings, and securing the entire assembly with heavy twine or cord to insure rigidity during pouring. C. Fabricate duct runs with standard factory -made fittings, elbows and accessories. Make all changes of direction, horizontal or vertical, with long sweep bends having a minimum radius of 25 feet except that manufactured bends at or near the ends of the runs may be used on short runs of 100 feet or less. Make long sweep bends with one or more curved or straight sections of duct. Manufactured bends, where permitted, shall have a minimum radius of 10 times the nominal duct diameter. Where manufactured ducts of greater than a 30 degree angle are required, use rigid hot dipped galvanized steel conduit bends. During construction, protect partially completed duct lines from entrance of dirt and debris by means of suitable factory -made duct plugs. After completion of installation, seal all ends of spare ducts with factory -made duct plugs. D. Install the concrete envelope for a given duct run in one pour where possible. Use concrete of 3000 PSI compressive strength. In pouring concrete, do not allow heavy masses of concrete to fall on ducts. Direct flow of concrete down sides of assembly to bottom, forcing it to flow to center of bank and then to rise up in middle, filling all spaces uniformly. Spade concrete liberally and (" carefully with a long, flat slicing bar between vertical rows to eliminate voids. Weight or brace the duct bank assembly if necessary, to prevent the assembly from floating. Because of the fact that plastic conduits may expand considerably during construction, each run and its concrete envelope shall be 1 ( installed starting at one end and proceeding toward the other with any necessary adjustments to length being made at the end toward which the work r is progressing. 3.05 INSTALLATION OF UNDERGROUND PLASTIC CONDUIT: A. Install at least 30 inches below finished grade unless noted to the contrary. Assemble and install raceways in accordance with manufacturer's instructions. Make joints with couplings and solvent cement. Fabricate bends of 30 degrees or more with factory -made elbows, or make field bends with proper heating equipment. Bends showing signs of overheating or flattening are unacceptable. Ream ends of all conduit before joining. B. "Snake" plastic conduit in trench, from side to side, with a complete cycle every 40 feet to allow for expansion and contraction. Maintain this configuration during backfilling. F F 17 C. Where conduit turns up out of earth, or floor slabs, change from plastic to , rigid galvanized steel conduit below grade and outside of such structures. Do not extend any plastic conduit above grade. Wrap all steel conduits and fittings buried in earth as specified elsewhere herein, or use PVC coated steel conduits. 3.06 INSTALLATION OF UNDERGROUND STEEL CONDUIT: All steel conduit in earth shall be rigid galvanized steel conduit. Wrap such conduit with 3M Company 0.020 inch thick No. 51 "scotchwrap" vinyl plastic tape, half lapped to give a double thickness wrap. Remove all oil, grease and dirt from conduit with a suitable solvent, and clean and dry conduit before wrapping. If conduit is pre -wrapped in the shop and then cut and joined on the job, wrap all joints on the job, overlapping pipe wrapping 3" on both sides of joints. 3.07 INSTALLATION OF PVC COATED CONDUITS: During installation, visually examine the conduit for cuts. Patch these areas with a paste containing a PVC solvent obtained from the conduit manufacturer. The patch shall be built up to the original thickness of the coating and feathered out on all sides of the damaged area a minimum of 1/2 inch to provide a complete bonded seal over the damaged area. 18 f i SUBSECTION 04 - CONDUCTORS r' 1. GENERAL 1.01 NOTE: Conform with applicable provisions of the General Conditions, Special Conditions, r General Requirements, an Supplemental Conditions. 1.02 SUBMITTALS: Submit manufacturer's data on all materials. 1.03 SCOPE: The work shall include the furnishing of all conductors, together with all splices, connections, identification, including pulling devices. 2. PRODUCTS 2.01 CONDUCTORS (600 VOLTS AND UNDER): A. Type: Soft drawn, annealed copper, UL listed, rated at 600 volts, continuous without weld, splice or joint, uniform cross-section, free from flaws, scale and other imperfections; Okonite, Triangle, Anaconda or Simplex. No. 8 and larger shall be stranded; No. 10 and smaller shall be solid. B. Insulation: Branch circuits shall have type THW or THWN insulation unless the type is specifically designated or specified. Service feeders shall by type THW or THWN. Feeder circuits shall be Type THW or THWN. C. Circuits Subjected to High Temperatures: Type THHN or THWN conductors for wiring in proximity to boilers, and for motors and devices subject to high temperature because of high ambient temperature or convection or radiant heat. D. Lighting Fixture Conductors: Type and size approved by the NEC for the purpose. 2.02 JOINTS AND SPLICES: A. Stranded Copper Conductors: UL approved solderless bolted pressure connectors or Thomas and Betts Series 54000 compression connectors. All connectors shall be of proper sizes to match conductor sizes. All compression connectors shall be applied with properly sized dies and tools. Split -bolt connectors are not acceptable. B. Stranded Aluminum Conductors: UL approved (AL/CU) solderless bolted pressure connectors. All terminal lugs and connectors shall be aluminum bodies and UL listed AL/CU. Equipment suppliers shall be instructed to supply equipment with aluminum compatible terminations. Compression type lugs shall be used wherever space permits, two hole lugs for #2/0 AWG and larger, one hole for #1/0 AWG and smaller. If incompatible mechanical lugs are installed in vendor supplied equipment, they shall be replaced by compression type lugs if space permits. If not, a short length of copper conductor shall be pigtailed to the aluminum conductor with a UL listed I F 19 AL/CU aluminum alloy compression type splice connector sized for the conductor. C. Solid Copper Conductors: UL approved solderless bolted pressure connectors; or UL approved electrical spring connectors of "Scotchlok", Ideal or T & B "Piggy" make. All connectors shall be of proper sizes to match conductor sizes. Split bolt connectors are not acceptable. 2.03 COLOR CODING: A. Use standardized color -coding of conductors throughout. All color coding shall be continuous for the entire length of the conductors, and shall be permanent and readily distinguished after installation. In ceases where the " specified colors of insulated wire and cable are unavailable, such conductors shall be color -coded, as specified above, by means of Brady, or equivalent, slip-on colored plastic sleeves or plastic tape at all pull boxes, support boxes, outlet boxes, panelboards, and other terminal and splicing points. B. Neutral conductors shall be white or natural grey. Grounding conductors shall be green, or green with one or more yellow stripes. C. Phase conductors shall be black, red and orange for phases A, B, and C respectively in the 240 volt system. 3. EXECUTION 3.01 WIRE PULLING: A. Provide suitable installation equipment for pulling conductors into raceways or conduits. Use ropes of polyethylene, nylon or other suitable material to pull in conductors. Attach pulling line to conductors by means of woven basket grips or by pulling eyes attached directly to conductors. All conductors to be. installed in a single conduit shall be pulled in together. Pull no conductors into conduits until all work of a nature which may cause injury to conductors is completed. Use an Underwriters' listed cable pulling compound where necessary. B. Cable Lubricants: All cable lubricants shall be UL listed, and shall be certified by their manufacturer to be non -injurious to the insulation on which they are used. C. Pulling Devices in Empty Raceways: Provide in every empty raceway, not containing conductors to be installed by this Contractor, a suitable pull line to facilitate future installation of wiring. Lines shall be free from splices and shall have ample exposed length at each end. Identify each end of each line with a linen tag bearing complete information as to the purpose of the raceway and the location of its other end. All lines shall be nylon or polyethylene cord with a tensile strength not less than 200 pounds. 20 3.02 INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER): A. Feeders: Run all feeders their entire length in continuous pieces without joints or splices, insofar as practicable. Make joints in branch circuits only where circuits divide as shown on drawings. Such joints shall consist of one through circuit to which shall be spliced the tap circuit. B. Branch Circuits: Not more than one power or lighting circuit shall be installed l in a single conduit, except that one 3-wire circuit or one 4-wire circuit consisting of 2 different phase wires and a common neutral or 3 different phase rwires and a common neutral may be installed in a single conduit. This provision shall not prohibit the installation in a single conduit of all conductors of a circuit with three -and four-way switching. C. Sizes: No wire shall be smaller than No. 12 except for signal or control circuits, and except for individual lighting fixture taps as permitted by the National Electrical Code. D. Receptacle and Motor Branch Circuits: No. 12 conductors unless noted or scheduled otherwise. E. Joints and Splices: Make joints and splices only where necessary and only at outlet boxes and pull boxes. All joints shall be mechanically and electrically secure. After a joint or splice is complete, insulate it with Okonite rubber tape, and Manson friction tape to make the insulation of the joint or splice equal to that of the conductor. In lieu of this, 3M Company's "Scotch" No. 33 vinyl plastic tape may be used if applied in at least four layers (half lapped in two directions), with all larger splices, terminals, sharp corners and voids being first protected by application of "Scotchfil" insulating putty. F. Conductor splices in wet locations shall be made in accordance with the conductor manufacturer's recommendations. G. Joints in Aluminum Conductors: Prepare the cable by brushing the exposed strands with a wire brush to remove surface oxides, then apply an oxide - inhibiting joint compound (penetrax) before inserting into the barrel of the ` connector and completely fill the body of the connector or lug before compressing. Provide spring cup Belleville washers on all bolted connections to maintain high contact pressure. Exercise extreme care to assure proper terminations to avoid conductor creeping, loosening, or oxidizing. H. Cable Supports and Boxes: Install cable supports and boxes for all vertical conductors in accordance with National Electrical Code requirements. Boxes shall be of heavy galvanized steel plate construction, not less than No. 10 US gauge, riveted to an angle iron frame. Removable box covers shall be secured 17 with corrosion -resistant screws. For cables without a metallic sheath, cable supports shall be of the split wedge type which clamps each conductor firmly r and lightens due to the right of cable. For cables with metallic sheath, a basket G weave or equal type of support shall be provided as approved by the cable manufacturer. T" 21 SUBSECTION 05 - CIRCUIT AND MOTOR DISCONNECTS 1. GENERAL 1.01 NOTE: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements and Supplemental Requirements. 1.02 SUBMITTALS: Provide complete catalog date and drawings on all items of equipment. 1.03 MANUALS: Include all submittal data in the operation and maintenance manuals. 1.04 SCOPE: Provide all labor, material, equipment, and service necessary for and incidental to the complete electrical distribution system. 2. PRODUCTS —DISCONNECT SWITCHES: A. Unless otherwise noted or required, all disconnect switches shall be UL listed and shall meet NEMA Standard KS1-1983 for Type HD heavy duty switches. Switches shall be unfused unless noted otherwise; quick make, quick break; in NEMA 3R enclosures if exposed to the weather; elsewhere in NEMA 1 general purpose enclosures unless special enclosures are required. All motor circuit switches shall be horsepower rated. B. Switches shall be of General Electric, Square D, Westinghouse or ITE manufacture, equivalent to General Electric Type TH quick make, quick break switches. _ C. Where space does not permit use of the above specified switches, such as within weatherproof fan housings, etc., use suitable horsepower rated tumbler switches as unfused disconnects; General Electric Type RB or equivalent. D. Where disconnect switches are used to disconnect starters, provide auxiliary poles in switches as required to disconnect all auxiliary control circuits in starters. 22 r F SUBSECTION 06 - ELECTRICAL SERVICE 1. GENERAL 1.01 NOTE: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and the Supplemental Conditions. 1.02 SUBMITTALS: Submit for review catalog data and drawings for all equipment items proposed for use under this Section. 03 SCOPE: This section of the specifications pertains to all labor, material and equipment for the complete electrical service from the power company service point to the building service entrance equipment. 2. PRODUCTS - MATERIALS A. Underground Ducts: As specified under UNDERGROUND ELECTRICAL DUCTS. B. Underground Plastic Conduit: ELECTRICAL DUCTS. C. Secondary Service Conductors As specified under UNDERGROUND As specified under CONDUCTORS. 3. EXECUTION 3.01 SERVICE CONNECTIONS: Lubbock Power and Light will provide and install a transformer assembly on a pole approximately where shown. Furnish and install service entrance conductors of the size shown beginning at weatherproof conduit fittings located on the service pole where and as directed by the Power Company and then installed in conduit extending down the pole, thence underground to the service equipment. Final connections to the transformer will be made by the Power Company. 3.02 METERING: Furnish and install on the service pole, a weatherproof meter base of the type and size as directed by the Power Company. The metering instrument will be furnished and inserted into the base by the Power Company. 3.03 SYSTEMS OF WIRING: A. Electrical Service: Combined 120/240 volts, single phase, 3 wire, 60 Hz. service for lighting and power. B. Feeders: 120/240 volts, single phase, 3 wire. C. Branch Circuits: 2 or 3 wire as is most convenient for the contractor, or as required to properly serve the load. D. Excavation and Backfilling: As specified under RACEWAYS AND FITTINGS. 23 E. Installation of Underground Ducts: Install as specified under UNDERGROUND ELECTRICAL CONDUITS. F. Installation of Underground Plastic Conduit: Install as specified under UNDERGROUND ELECTRICAL DUCTS. G. Installation of Underground Steel Conduit: Install as specified under UNDERGROUND ELECTRICAL DUCTS. 24 MR F" SUBSECTION 07 - GROUNDING PM 1. GENERAL 1.01 NOTE: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS: PftSubmit manufacturer's data on all products. 1.03 SCOPE: Furnish and install the various grounding systems outlined herein in accordance with the National Electrical Code. 2 PRODUCTS - MATERIALS: Products for grounding systems are specified elsewhere herein. 3. EXECUTION 3.01 SERVICE AND EQUIPMENT GROUNDING: A. Provide adequate and permanent service neutral and equipment grounding in accordance with the National Electrical Code, and subject to the following additional requirements. B. Connect the service ground and equipment ground to a common point within the metallic enclosure containing the main service disconnecting means. From the common point of connection of the service ground and equipment ground, run in conduit a combined service and equipment grounding conductor without joint or splice to the grounding electrode and connect it thereto with an approved bolted pressure clamp. Clean all contact surfaces thoroughly before connection, to assure good metal to metal contact. Bond the conduit to the grounding conductor at each end. The grounding electrode which shall be 10' long by 3/4 inch diameter copper clad steel ground rod. C. Size grounding conductors in accordance with National Electrical Code Tables 250-94 and 250-95. 3.02 GROUNDING RACEWAYS: A. Assure the electrical continuity of all metallic raceway systems, pulling up all conduits and/or lockouts wrench tight. Where expansion joints or telescoping joints occur, provide bonding jumpers. Where flexible metallic conduit is employed, provide a green -insulated grounding jumper installed in the flexible conduit. Install a separate green -insulated conductor in each non-metallic conduit. 25 B. Provide grounding bushings on all service and feeder raceways terminating within switchboards, motor control centers, panelboards, cabinets, and all other enclosures. Provide grounding conductors from such bushings to the frame of the enclosure and to the ground bus or equipment grounding strap. Size grounding conductors in accordance with NEC Table 250-95. 3.03 EQUIPMENT GROUNDING CONDUCTORS: Provide a separate, green -insulated copper grounding conductor, with insulation of the same rating as phase conductors, for each feeder and for each branch circuit indicated. Install the grounding conductor in the same raceway with the related phase and neutral conductors, and connect the grounding conductor to pull boxes or outlet boxes at intervals of 100 feet or less. Where paralleled conductors in separate raceways occur, provide a grounding conductor in each raceway. Connect all grounding conductors to bare grounding bars in panelboards, and to ground buses in service equipment to the end that there will be an uninterrupted grounding circuit from the point of a ground fault back to the point of connection of the equipment ground and system neutral. Size all of these grounding conductors per NEC Table 250-95. 26 1 SUBSECTION 08 - LIGHTING 1. GENERAL 1.01 NOTE: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS: Submit for review manufacturer's catalog data and drawings on all interior and exterior lighting fixtures with separate sheet for each fixture, assembled by Luminaire "Type" in alphabetical order, with the proposed fixture and accessories l clearly labeled. Ballast and lamp data shall accompany fixture submittals. Submit dimensioned drawings and performance data including coefficients of utilization, candela distribution, spacing to mounting height ratio, efficiency and visual comfort probability. 1.03 SUBSTITUTIONS: Flood lights and controls are specified as "no substitute" items. 1.04 SCOPE: This section pertains to all labor, material, equipment and services necessary for and incidental to the complete lighting system as shown on the drawings and specified herein. 2. PRODUCTS 2.01 LIGHTING CONTACTORS (ELECTRICALLY HELD): A. Lighting contactors shall be electrically held, type especially designed to switch the current to incandescent filament, fluorescent, mercury lamps, and rother non -motor loads. Contactors shall be rated as noted on the drawings and, unless noted otherwise, shall be in a NEMA 1 housing. Coils shall be suitable for operation on 120 volts and shall be operated from momentary or maintained contact devices. t B. Contactors shall Be Square D, Class 8903, no substitute. 2.02 TIME SWITCH: Time switches shall be powered by a self-starting synchronous motor and shall have a NEMA 1 enclosure. Time switches shall be Tork Model M-1101, no substitute. 27 2.03 FLOODLIGHTS: A. General area lighting floodlights shall be 400 watt, high pressure sodium, NEMA 7x6 distribution, with multitap ballast set for 240 volt operation. The fixture housing shall be die-cast with dark bronze finish and a removable ballast panel that is interchangeable with those currently stocked by the Owner. Floodlights shall be Hubbell #MVK-0400S-268 with model NIWG-2 mesh guard or approved equal. 2.04 POLES AND ACCESSORIES: A. Area lighting poles shall be round tapered steel, 30 feet tall, capable of supporting 10.0 square feet of fixture wind load in a 100 MPH wind with gusts to 130 MPH. Poles shall have an 8" bottom shaft diameter, 3.8" top diameter and a 2-3/8" O.D. tenon top. The pole shall have a dark bronze finish, anchor bolts, anchor bolt template, and two nuts and washers per bolt. Poles shall be equal to Hubbell #RTS-8301-M51. B. Area floodlight poles shall be furnished with two, three or four fixture mounting brackets as required. Brackets shall be equal to Hubbell #THB-21- M51 or THB-31-M51. 2.05 PHOTOCELLS: Photo electric controls shall be 120 volt, weatherproof units with a NEMA twist lock base, internal metal oxide surge arrester and encapsulated cadmium sulfide cell. 2.06 OUTDOOR LIGHTING CONTROL: Area lighting contactors shall be turned on by photocell and off by time clock. 2.07 AIMING: The Contactor shall be responsible for aiming all new lighting fixtures. In general, the aim points for new lighting fixtures are shown on the drawings. However, the exact aim point shall be coordinated with the Owner's representative and adjustments shall be made at no additional cost to the Owner. End of Section 28