HomeMy WebLinkAboutResolution - 4117B - Contract - Larcon Enterprises - Miller Park Lighting - 04_08_1993Resolution No. 4117B
April 8, 1993
Item #17
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by and
between the City of Lubbock and Larcon Enterprises for the installation of
lighting at Miller Park located at Memphis Avenue and South Loop 289, attached
herewith, which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Reso-
lution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
Betty fl.'Whnsdfi, City Secretary
APPROVED AS TO CONTENT:
ctor Kilihan,ItPurchasing Manager
APPROVED AS TO FORM:
Ddaa'Id G. Vandiver, first Assistan
City Attorney
DGV:js/LARCON.RES
D1-Agenda/May 20, 1993
CITY OF LUBBOCK
SPECIFICATIONS
FOR
MILLER PARK LIGHTING
B I D ## 12486
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CITY OF LUBBOCK
Lubbock, Texas �,A 5
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CITY OF LUBBOCK
SPECIFICATIONS
for
E
TITLE: MILLER PARK LIGHTING
ADDRESS: MEMPHIS 9 SOUTH LOOP 289
LUBBOCK, TEXAS
BID NUMBER: 12485
PROJECT NUMBER: 1421-553107-9801
CONTRACT PREPARED BY: Purchasing Department
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INDEX
PAGE
NOTICETO BIDDERS..........................................................................................5
GENERALINSTRUCTIONS TO BIDDERS............................................................................7
010 PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................15
PAYMENTBOND..............................................................................................21
PERFORMANCE BOND..........................................................................................25
CERTIFICATE OF INSURANCE..................................................................................29
CONTRACT..................................................................................................33
GENERALCONDITIONS OF THE AGREEMENT.......................................................................37
CURRENTWAGE DETERMINATIONS...............................................................................55
SPECIFICATIONS............................................................................................57
SPECIALCONDITIONS........................................................................................59
NOTICE OF ACCEPTANCE.................................................61
......................................
3
a
NOTICE TO BIDDERS
ro
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NOTICE TO BIDDERS
BID 0 12456
Sealed proposals addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received
at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401,
until 2:00 olclock p.m. on the 19th day of March. 1993, or as changed by the issuance of formal addenda to
ell planholders, to furnish all labor and materials and perform ell work for the construction of the
following described project:
MILLER PARK LIGHTING
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Buyer at his office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in•the office of
Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the Oth clay of ADril. 1993. at Municipal Bldg.,
Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or
all bids and waive any formalities. The successful bidder will be required to furnish a performance bond
and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the
total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should
be issued by a company carrying a current ISsl Rating of I or superior, as the rating of the bond company is
a factor that will be considered in determination of the lowest responsible bidder. If the contract price
does not exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a
reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less
then 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself
regarding sit local conditions under which the work is to be done. It shell be understood and agreed that
all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposel forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159s, 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.
There will be a pre -bid conference on lith day of March. 1993, at 10:00 o'clock a.m., PersonneL
Conference Room, 108, Municipal Bldg., 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -
bid meetings and bid openings are available to all persons regardless of disability. If you would like bid
information made available in a more accessible format or if you require assistance, please contact the
Purchasing Department at (806) 767.2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at
least 48 hours in advance of the meeting.
ZCITFLUBB K
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Ron Shuffield
Senior Buyer
ADVERTISEMENT FOR BIDS
BID d 12486
Sealed proposals addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received
at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas,
79401 until 2%90 o'clock P.m. -on the 19th day of March. 1993. or as changed by the issuance of format
addenda to all planholders, to furnish all labor and materials and perform all work for the construction of
the following described project:
MILLER PARK LIGHTING
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Buyer at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per
Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, disability, or national origin in consideration for an award.
There will be a prebid conference on 11th day of March. 1993, at 10:00 o'clock a.m., Personnel
Conference Room, 106, Municipal Building, 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -
bid meetings and bid openings are available to all persons regardless of disability. If you would like bid
Information made available in a more accessible format or if you require assistance, please contact the
Purchasing Department at (806) 767.2167 (Monday -Friday, 6:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at
Least 48 hours in advance of the meeting.
CITY F LUBBO
Ron Shuffield
Senior Buyer
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
i. SCOPE OF WORK
"i The work to be done under the contract documents shall consist of the following:
a,
r' Install lighting at Bill and Am Miller Park.
1. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
r� complete this project in accordance with contract documents.
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CONTRACT DOCUMENTS
t owl 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 e;ll work contemplated by
said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered
by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to
Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 90 (ninety) calendar days from
the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City
that the progress of the work is not in accordance with the progress schedule so 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
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specified.
5. PAYMENT
JAll payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
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6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to
execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the
j improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of
which the Contractor has been notified.
7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for 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 Caner believes
necessary to procure a satisfactory project.
a. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective
materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the owner, a written general
guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all
damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of
final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of
Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only.be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the
proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of
Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to
be incorporated into the work without paying the tax at the time of purchase.
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12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shalt be the Contractor's responsibility to prosecute the work contemplated the contract documents in such a
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f= tray 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. Alt such underground lines or structures cut or damaged by
Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by
Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
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13. BARRICADES AND SAFETY MEASURES
elk 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 shalt 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.
14. EXPLOSIVES
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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 further use only such methods as are currently utilized by persons, firms,
or corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In att cases where explosives are to be used during the construction of the project contemplated by this contract,
it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground)
In proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given
sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their
property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage
resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful bidder shall be required to furnish the name, address and
telephone number where such local representative may be reached during the time that the work contemplated by this
contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas
and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation
or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall
contain an agreement on the part of the insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particular project shall be subcontracted.
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17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The.wage rate which mist be paid on this project shall not be less than
specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention
is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the
payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the
schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor
from compliance with any wage law that may be applicable. Construction work under this contract requiring an
inspector will not be performed on weekends or holidays unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service
to its citizens.
(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.
Is. 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 casheble 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.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to
the bidder without being considered.
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20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the
work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly,
or typewritten. In case of discrepancy between the price written in words and the price written in figures, the
price written in words shall govern. If the proposal is submitted by an individual, his name oust be signed by him
or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and
address of each member must be given and the proposal signed by a member of the firm, association or partnership, or
person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and
business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney
authorizing agents or others to sign proposals must be properly certified and must bb in writing and submitted with
the proposal. The proposal shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed
on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no
proposal gay be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
CO Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
Incorporated by reference into the aforementioned contract documents.
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BID PROPOSAL
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®!tee 1130NIDRN(G 0®o
Mdual
BID BOND
Know o I I men by these presents:
That Larcon Enterprises
(hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual)
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a corporation of the State of Iowa, with its Home Office in the City of Dep Moines, Iowa, (hereinafter
called Surety), as Surety, are held and firmly bound to City of Lubbock
(hereinafter called the Obligee) in the full and just sum of ($ 596 of Greatest Amount Bid )
cellars
good and lawful money of the United States of America, to the payments of which sum of money well
and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
Signed, sealed and dated this 16th day of March _19 93
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to
the Principal for Electrical Lighting in Miller Park, Job #12486
according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly
make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and
award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING
COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the
Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer
by reason of such failure, not exceeding the penalty of this bond, then this ohliga:tion shall be null and
void; otherwise it shall be and remain in full force and effect.
IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed
and sealed.
Larcon Enterprises
wits Princ' al Zt�
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Attest: // _ MF.RCHAVTS AnNDMr. (.nMP_AVV (Mntnrll
By
PLACE LUBBOCK, TEXAS
DATE MARCH 19, 1993
PROJECT NUMBER 12486
Proposal of
BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
LARCON ENTERPRISES
(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 X MILLER PARK
LIGHTING
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the proposed work, and being familiar with all of the conditions.surrounding the
construction of the proposed project including the availebility of materials and labor, hereby proposes to furnish ell 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, of which this proposal is to be a part, is as follows:
MATERIALS: Forty-six thousand five hundred seventy-- (= 46, 570.00 )
SERVICES: Seventeen thousand eight hundred--------- (S 17,800.00 )
TOTAL BID: Sixty-four thousand three_ hundred ,,seventy-($ 64, 370.00 )
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 60 (Sixty) consecutive calendar days thereafter as
stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated
damages the sun of S100.00 (One Hundred Dollars) for each consecutive calendar day in excess of the time set forth
hereinabove for completion of this project, bit as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction
nuaber 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.
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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 cecrmence
work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has
bid; as provided in the contract documents.
Enclosed with this proposal is a Cashiers Check or Certified Check for Dol'Ues
(S ) or a Proposal Bond in the sum of 5% of greatest bid amt Dollars ( 5� ), which it is
agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the owner
and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within
ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond
t:
shall be returned to the undersigned upon demand.
7Bidder understands and agrees that the contract to be executed by Bidder shall be band and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
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(Seal if Bidder is a Corporation)
ATTEST:
Secretary
PO
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'., LIST OF SUBCONTRACTORS
This form shell be completed and submitted With the Bidder's Proposal,
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Minority Owned
Yes No
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PAYMENT BOND
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Bond #TX-485109
— Wu&aG —
6000 N. LAMAR • SUITE 200 • AUSTIN, TEXAS 78752.4497
PAYMENT BOND
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED
CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959
(McGregor Act —Public Works) BOND CHECK
(Penalty of this bond must be 10091c of Contract amount) BEST RATING
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KNOW ALL MEN BY THESE PRESENTS: LICENSEDNTEXAS
��DATEI l4 By."
That, Larcon Enterprises
(hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY (Mutual), a
corporation organized and existing under the laws of the State of Iowa, with its principal office in the City of
Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Lubbock
Sixty Four Thousand
(hereinafter called the Obligee) in the amount of Thr p Hundred Spv n )Dollars and no/100----
Dollars ($ 64,370-00 ), 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.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
day of 19, to Bid f12486 - Miller Park Lighting
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.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the
Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 1959, and all liabilities on this
bond to all such claimants 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 and Surety have signed and sealed this instrument this
27thday of April , 1993 .
Witness: Larcon Enterprises (Seal)
Attest:
(If Individual or Firm)
(If Corporation)
(Seal)
—(Seal)
(Seal)
Principal
MERCHANTS BONDING COMPANY (Mutual)
(Seal)
PERFORMANCE BOND
25
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6000 N. LAMARe SUITE 200 • AUSTIN, TEXAS 78752-4497
Bond #Tx-485109 PERFORMANCE BOND
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISE
CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959
(McGregor Act — Public Works) BOND CHECK
(Penalty of this bond must be 10017o of Contract amount) BEST RATING
LICENSED IN TEXAS
KNOW ALL MEN BY THESE PRESENTS: DATE :V2 /12 BY--;), That, Larcon Enterprises
(hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY (Mutual), a
corporation organized and existing under the laws of the State of Iowa, with its principal office in the City of
Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto
Citv of Lubbock
Sixty Four Thousand
(hereinafter called the Obligee) in the amount of mt„-ipiz RiindrM S,-yPntty nni 1 ars and nn-/100-----
, Dollars ($ 64, 370.00 ), 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.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
day of , 19_, to Bid #12486 — Miller Park Lighting
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work in accordance with the plans, specifications and contract documents, then
this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the
Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the same extent as if it were
copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
27t1 ay of April 19 93
Witness: Larcon Enterprises (Seal)
Attest (If Individual or Firm)
(I# Corporation)
(Seal)
(seal)
(Seal)
Principal
MERCHANTS BONDING COMPANY (Mutual)
'�_7 -Surety.
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CERTIFICATE OF INSURANCE
►"1
29
ODUCE........... -------------------------------^__......_...-_ _-----------------_1JA.jr::...`_---------------------------------------
r., 1 THIS CERTIFICATE TS ISSUK) AS A MATTER OF INFORMATION ONLY AND CONFERS I
avid Tate Insurance Agency 1 NO RIGHT UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES HOT AMEND, !
233 79t1s 9 Y EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ;
Lab>;pck, TX 19424 COMPANIES AFFORDING COVERAGE
l-------------------------------------------------------------------......_I
806) 754-1177 i COMPANY A POTOMAC
LETTER '
--------------------------------------------------- CAI�PANY _-B-__-FOND ----------------------_-.-----------..._..---------
RED ! LETTER BOX 4521 HOUSTON, TEXAS 77210-4521
1-------------------------------------------------------- ----------......_.i
.,ARCON ENTUPRISES I COMPANY C
LARRY ANDERSON 1 LETTER `
r2609 57TH;---------------------- ^------------------ -----...........................
i
iabbock, TI 79413 ! COMPANY D ,
LETTER
v. 1
----------^---------------------------^----------------------------------I
I COMPANY E
COVERAGES1 UTTER�;,S IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 1
INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CO11TRAL`T OR OTHER DOCUMENT WITH RESPECT TO WRICH THIS 1
pw .RTIFICATE MAY BE ISSUED OR MAY PERTAIN ThE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ;
(CLUSIORS, AND CONDITIONS OF SUCH POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
-.......... ----------------- -...........
------------- - --- --------------------------------------------------------------
1 ; ; POLICY i POLICY 1
' ! !EFFECTIVE1EXPIRATION!
TYPE OF INSURANCE 1 POLICY NUMBER 1 DATE 1 DATE ; ALL LIMITS IM THOUSANDS ;
............................... -------- --------------------- 1---------- i----------
GENERAL LIABILITY It GENERAL AGGREGATE S 600 i
(XI CWiERCIAL GENERAL LIABILITY 1 TPP0915208 1 01/01/93 ! 01/01/94 1 PRODUCTS -COMP OPS AGGREGATE S 600 !
i I I I CLAIMS MADE 1XI OCCURRENCE f ! ! ! PERSONAL 6 AUERTISIHG INJURY S 300 ;
I E I OWNER'S A CONTRACTORS PROTECTIVE! ! ! 1 EACH OCCURRENCE 1 300 !
! I I ; i ! I FIRE DAMAGE (ANY ONE FIRE) S 50 1
I I 1 ! 1 ! MEDICAL EXPEHSE(ANY OWE PEBSON3 5 !
f------------------------------------- 1--------------------- i---------- i---------- i------------------------------------.._.----!
AUTOMOBILE LIABILITY i f
! ! I to CSL i 3 i _
x`! ( I ANY AUTO 01/01/94;---------------- 1--------------f i
I EII ALL BREED AUTOS ! ; 1 BODILY INJURY I I
I Ell SCHEDULED AUTOS ! ! 1 (PER PERSON) ; 9 ! !
! CXI HIRED AUTOS 1 ! i ;-------------- l-----.._..----! It Ell EON-ORHED AUTOS ! i I ; BODILY INJURY i ! {
I I I GARAGE LIABILITY (PER ACCIDENT) 1 5 !
1---------------- I--------------1 '
' f PROPERTY I !
! I f I DAMAGE
= ;--------•---^----.....__--;---------------•-----1--- E----------i------------------------------------------^-f
-----------
i EXCESS LIABILITY I ! ! 1 ; EACH OCCURRENCE 1 AGGREGATE t
1 I I UMBRELLA FORM i 1 1 1 ;----^-I-----------------1
I C I OTHER THAN UMBRELLA ; ; ; 8 t S 1
i-------------------------- ._.-------- ;--------------------- 1---------- ;---------- ;--------------------------------------------!
t ! f i STATUTORY I ;
I MIKERS' COMPENSATION 1 TSV10566540 1 12/01/92 1 12/01/93 1-------------------------------------------- 1
f AND i i 1 I ; S 500 (EACH ACCIDENT) ;
1 EMPLOYERS' LIABILITY ; I I ! 1 S 500 (DISEASE -POLICY LIMIT) !
500 (DISEASE -EACH EMPLOYEE);
1------------------------------------- 1---------------------;---------- 1---------- i--------------------------------------------f
OTHER t 1 It It ;
Is
----------------------------------------------------------------------------'
fp ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLE?/SPECIAL ITEMS
;
CERTIFICATE HOLDER :________________ ______________________ CANCELLATION
1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- '
CITY OF LUBBOCX PURCHASING 1 PIRATION DATE THEREOF, THE ISSUING COMPANY (BILL ENDEAVOR TO MAIL 1
p BOX 2000 ROOM 106 ! 16 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE !
LUBBOCK, TX 79453 1 LEVY BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 1
1 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. !
AUTHORIZED REP SENTATIVE ,
,
, 1
----------•_-=s--------------------...---------------------------------- -------------------
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CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this Oth day of April. 1993, by and between the City of Lubbock, Canty of
Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred
to as OWNER, and Larcon Enterprises of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS, hereinafter termed
CONTRACTOR.
WITHESSETH: 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 S 12486 - KILLER PARK LIGHTING IN THE AMOUNT OF t64,370.00
and all extra work a in connection therewith, underthe terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract documents as
defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been
given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the
proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents ha executed this greement k, Lubbock County, Texas in the
year and day first above written.
ATTEST:
Corporate Secretary
, =02,
WAAA60
RA � — LM"fil
LARCON EMTERPRISES
TITLE:
COMPLETE ADDRESS:
36
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GENERAL CONDITIONS OF THE AGREEMENT
37
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word owner, or the expression Party of the First Part, or First Party, are used in this contract, it
shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be
understood to mean the person, persons, co -partnership or corporation, to -wit: Larcon Enterprises, who has agreed to
perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word owner's Representative or representative is used in this contract, it shall be understood as
referring to Carlos Vigil, Park Development Supervisor, City of Lubbock, under whose supervision these contract
documents, including the plans and specifications, were prepared, and who will inspect 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.
i. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,'Signed.
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement
(if any), Specifications, Plans, Insurance Certificate, and all other documents made: available to Bidder for his
Inspection in accordance with the Notice to Bidders.
S. INTERPRETATION OF PHRASES
Whenever the words `Directed," •Permitted,■ 'Designated,■ ■Required," sCaresidered Necessary,• ■Prescribed," or words
of like import are used, it shall be understood that the direction, requirement, permission, order, designation or
prescription of the Owner's Representative is intended; and similarly, the words ■Approved,■ "Acceptable,"
■Satisfactory,■ or words of like import shall mean approved by or acceptable or satisfactory to the Owner's
Representative.
Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their nature, be
specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of
which must depend on individual Judgment, then, in all such cases, any question of the fulfillment of said
Specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his
Interpretations of the meaning of the words, terms, or clauses defining the character of the work.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work an the project contemplated by these contract documents. Owner shall have no responsibility to
any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract
documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
7. 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 wham it is intended, or if delivered at or sent certified mail to
the last business address known to him who gives the no4t�ce.
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a. WORK
Unless otherwise stipulated, the Contractor shell 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
shell, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work
described in words which so applied have well known, technical or trade meaning shall be held to refer such
recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract 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 am copies of all Plans, Profiles and Specifications without expense to him
and he shall keep am copy of same consistently accessible on the job site.
12. MIGHT OF ENTRY
s� 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
tt be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor
�+ will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety
fprecautions 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 furnished by the Owner's Representative whenever necessary for the commencement of the
work contemplated by these contract documents or the completion of the work contemplated by these contract
documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to
comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no
extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and
place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the
Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such
stakes, marks, etc., shall be replaced by the Ownerls Representative at Contractor's expense.
41
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
f
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review sit work included herein. Me 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 end 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. Me 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 of the parties hereto to
r' arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this
contract; provided, however, that should Owner's Representative render any decision or give any direction, which in
the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party
may file with said Owner's Representative within 30 days his written objection to the decision or direction so
r' rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter
provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore,
written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any
claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, 1+ithin a reasonable time, render and deliver to both the Owner and the Contractor
�+ a written decision on sit claims of the parties hereto and on all questions which may arise relative to the
execution of the work or the interpretation of `the contract, specifications and plans. Should the Owner's
Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his
decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
f" It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
Ij time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem
proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is
furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all
reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper
{ inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any
subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent
with the obligations of this Agreement and accompanying plans and specifications provided, however, should the
Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six
(6) days make written appeal to the Owner's Representative for his decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to
Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given
to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable
representatives of the Contractor is essential to the proper performance of the work and lack of such supervision
shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and controt 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.
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17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work,
and the general and local conditions, and all other matters which in any way effect the work under this contract.
No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the
execution of this contract, shell 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 Owners
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 shad 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.
42
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
PW be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by owner,
owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or
approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements
of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any materisl brought on the site of the work for use
In the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in
conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice
thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so
that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated
as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the owner may see fit, in the
Line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for
a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
r., otherwise such additional work shall be paid for as provided under Extra York. 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 toss
occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
The term ■extra worku 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 an the plans and specifications or contract documents and not covered by Contractor's proposal,
r 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
rcompensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) By agreed unit prices; or
Method (B) By agreed lump sun; or
Method (C) - If neither Method (A) or Method (6) be agreed upon before the extra work is commenced, then
r the Contractor shall be paid the actual field cost of the work, plus fifteen 0 5%) per
cent.
r 43
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In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shell
apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the
time actually employed or used on such extra work, plus actual transportation charges necessari y incurred, together
with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits,
Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may
be required by law or ordinances or directed by the Owner or Owner's Representative, or by than agreed to. Owner's
Representative may direct the form in which accounts of the actual field cost shall be kept and records of these
accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in
writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to
be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices
for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest
Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where
practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra
work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and 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 compensations
or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written
order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute --
extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the
Contractor shall proceed with the work after making written request for written order and shall keep adequate and
accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby
preserve the right to submit the matter of payment to arbitration as herein below provided. -
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions
In these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a
clarification before the bids are received, and if no such request is received by the Owner's Representative prior
to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included
and has provided sufficient sums in his proposal to complete the work in 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 METRODS AND EQUIPMENT
if at arty 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.
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27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC ;
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's
Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the
safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state
and municipal laws and building and construction codes. All machinery and equipment and other physical hazards
shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General
Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The
Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its
officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or an
account of any injuries or damages received or sustained by any person or persons or property, on accent of any
negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and
supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be
required to pay any judgment with costs which may be obtained against the owner or any of its officers, agents, or
employees including attorney's fees.
is The safety precautions taken shall be the sole responsibility of the Contractor, in his sdle 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
111 supervise safety precautions by either the Contractor or any of his subcontractors.
I 28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Such insurance shall be carried with an insurance company authorized to
transact business in the State of Texas and shall cover ail operations in connection with this contract, whether
performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of
*` each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury
and S300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion i Collapse Hazard
Underground Damage Hazard
Products li Completed operations Nazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
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8. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability insurance.
The Contractor shall obtain an Owners Protective or Contingent Public Liability Insurance policy naming the _
City of Lubbock as insured and the amount of such policy shall be as follows
For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile liability Insurance with limits of not less than;
Bodily Injury 5250/500,000
Property Damage $1000000
to include all owned and nonown d 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 potential loss)
naming the City of Lubbock as insured.
E. Excess or Umbrella Liability Insurance --
The Contractor shall have Excess or Umbrella liability Insurance in the amount of (51,000,000
minimim) with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile
Liability coverages.
The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
F. Yorker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Subcontractor
on the job with Employers liability of at least $100,000 limit.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five certificates of Insurance covering each insurance policy carried and offered as evidence of -
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability.thereunder on the date borne
by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the bid specifications.
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r M 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.
r (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.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and
R., agree not to discriminate against a qualified individual with a disability because of the disability of such
Individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and priviliges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, 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 fell to pay and discharge any such indebtedness within five
(5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid,
withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may
apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device,
material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner
thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall
Indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such
suits and claims and shall be responsible for all such loss when a particular design, device, material or process or
the product of a particular manufacturer or manufacturers is specified or required in these contract documents by
Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor,
then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or
process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless
he promptly gives written notice to the Owner of such infringement.
32. LAYS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner
against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the
Contractor or his employees. If the Contractor observes that the plans and specifications are sit variance
therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be
adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be
contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he
shall bear all costs arising therefrom.
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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 scanner in which, or the conditions under which the Owner may enter
Into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though
embodied herein.
33. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to the
fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work,
or materials required in the performance of this contract, shall not relieve the Contractor from his full
obligations to the owner, as provided by this contractual agreement.
34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning
and time for completion as specified in the contract of work to be done hereunder are essential conditions of this
contract; and it is further mutually understood and agreed that the work embraced in this contract shall be
commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any
proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration
for the awarding of this contract, the owner may withhold permanently from Contractor's total compensation, the sum
of f100.00 (One Hundred Dollars) PER DAY, not as a penalty, but as liquidated damage; for the breach of the contract
as herein set forth for each and every calendar day that the Contractor shall be in default after the time
stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of
the work described herein is reasonable time for the completion of the same, taking into consideration the average
climatic change and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty in and ascertaining actual damages the owner would in such event sustain, and the amount
Is agreed to be damages the owner would sustain and shall be retained by the Owner from current periodical estimates
for payments or from final payment.
It is further agreed and understood between the Contractor and Caner that time is of the essence of this contract.
35. TIME AND ORDER OF COMPLETION
it is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as
shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall
be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the
plans and specifications, and within the time of completion designated in the proposals; provided, also, that when
the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct
the time and manner of constructing work done under this contract so that conflicts will be avoided and the
construction of the various works being done for the owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules
which shaLL show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor
will start the several parts of the work and estimated dates of completion of the several parts.
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36. EXTENSION OF TIME
I"
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion
of this project, taking into consideration the average climatic range and industrial conditions prevailing in this
Locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he
111 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, sets of God or the public enemy,
fire or flood. The Contractor my apply in writing for an extension of time, submitting therewith all written
Justification as may be required by Owneris Representative for such an extension as requested by Contractor. The
Owner's Representative within ten CIO) days after receipt of a written request for an extension of time by the
Contractor supported by all requested documentation shall then submit such written request to the City Council of
the City of Lubbock for their consideration. Should the Contractor disagree with the action of City Council on
granting an extension of tine, such disagreement shall be settled by arbitration as hereinafter provided.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time
herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the
Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this
contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's
convenience, in which event, such expense as in the Judgment of the Owner's Representative that is caused by such
r+ stoppage shall be paid by Owner to Contractor.
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{ 38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area,
solid contents, number and weight only shall be considered, unless otherwise specifically provided.
In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract,
including the specifications, plans and other contract documents are intended to show clearly all work to be done
and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to
�., be done and material to be furnished under this contract, they are approximate and are to be used only as a basis
!" for estimating the probable cost of the work and for comparing their proposals offered for the work. It is
I understood and agreed that the actual amount of work to be done and the materials to be furnished under this
contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the
unit price method, payment shall be for the actual amount of work done and materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shalt 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 arty 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 sit 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.
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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 conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive
such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all
expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and
according to this agreement, the attached specifications, plans, contract documents and requirements of owner's
Representative.
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 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 ell sound materials delivered on site of the work
that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the
Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, 'which 5% shall be retained
until final payment, and further, less all previous payments and all further sums that may be retained by owner
under the terms of this agreement. It is understood, however, that in case the whole work be near to completion,
and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no
fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's
Representative pay a reasonable and equitable portion of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work
has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and
within said time, if the work be found to be completed or substantially completed in accordance with the contract
documents, the Owner's Representative shall issue to the owner and Contractor his certificate of completion, and
thereupon it shall be the duty of the Owner within thirty-one (31) days to issue'a certificate of acceptance of the
work to the Contractor.
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44.
45.
46.
47.
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.
CORRECTION OF WORK PEFORE 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 replaces 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.
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.
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 sake 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. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's
Representative has given any directions, order or instruction to which the Contractor desires to take exception.
The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in
writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for
arbitration shall be filed with the Owner's Representative and the owner in writing within ten (10) days after the
date of delivery to Contractor of the final decision of the owner's Representative. It is further agreed that final
acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any
claim by either party, except where noted otherwise in the contract documents.
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49. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to
the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by
each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third within ten
(10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas.' Each arbiter shall be a
resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10)
days of the demand, his right to arbitrate shall lapse, and the decision of the Owner's Representative shalt be
final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's
Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any
papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract,
unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is
hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed
by Arbitration Statutes of Texas, being Article 224, at seq., Vernon's Annotated Civil Statutes. THE DECISION OF
THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDIT16N PRECEDENT TO ANY
RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained,
such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken
without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own
compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon
either or both parties. The award of the arbiters must be made in writing and shall not be open to objection on
account of the form of proceedings or award.
50. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of
the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the
Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete
the work and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then.on the job, but the same, together with any materials and equipment under the
contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another
contractor, In completion of the work; and the Contractor shall not receive any rental or credit therefore (except
when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this
contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to
complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for
within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either
of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as
said Owner may deem necessary to complete the work and charge the expense of such labor, machinery,
equipment, tools, materials and supplies to said Contractor, and the expense to 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
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(b) The Owner, under sealed bids, after notice publisAed asrequired 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 arid 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
board therefore. Nowever, should the cost to complete any such new contract prove to be less than that
}r+ which would have been the cost to complete the work under this contract, the Contractor or his Surety shall
be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be to 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 accents, certified to by Owners Representative as being correct shall
then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as
the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of
certificate of completion.
In the event the statement of accents 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 arid/or
his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety
fail to pay the amount due the owner within the time designated hereinabove, and there remains any machinery,
equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of
such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated
in this contract; provided, however, that actual written notice given in any manner will satisfy this condition.
After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his
Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15)
days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and
apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at
either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the +jobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
51. ABANDONMENT SY 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 ow•merss Representative shall make an estimate of the total amount earned by the Contractor, which
estimate shall include the value of all work actually completed by said Contractor at the prices stated in the the
attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all
Extra York performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sun
to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot
be utilized. The Owner's Representative shall then sake a final statement of the balance due the Contractor by
deducting from the above estimate all previous payments by the Owner and all other suns 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.
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52.BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article
5160, Vernon's Annotated Civil Statutes in the amount of 100X of the total contract price, in the event said
contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not
be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved
Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall
not be in effect until such bonds are so furnished.
53. ESPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions
shall control.
54. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be
done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or
from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shell be
sustained and borne by the Contractor at his own cost and expense.
55. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with 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 hereunder, is not intended to and shall not at any time change or effect the status of the
Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the
Contractor's own employees or to any other person, firm, or corporation.
56. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and
shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of
dispute Owner my remove the debris and charge the cost to the Contractor.
54
CURRENT WAGE DETERMINATIONS
55
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:
a
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
rand 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.
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/•
Ranette.Boyd, City Secretary `
APPROVED7 T ONTENT:
Bill- P Xyne, D rector of Building
Services
e.
S. (f. ),-,v - `
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Do Id G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Hourly Rate -
Acoustical Ceiling Installer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5..50
Bricklayer
10.50
Bricklayer -Helper
5.00
Carpenter
11.00
Carpenter -Helper
5.50
Cement Finisher
7.35
Drywall Hanger
8.70
Electrician
10.50
Electrician -Helper
5.25
Equipment Operator -
Heavy
8.00
Light
5.70
Floor Installer
8.00
Glazier
7.50
Insulator, Piping/Boiler
9.50.
Insulator -Helper
5.00
Iron Worker
7.30
Laborer, General
4.75
Mortar Mixer
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer-
7.65
Roofer -Helper
4.75
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder - Certified
8.00
EXHIBIT B -
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is l 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
SPECIFICATIONS
57
7
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F
SECTION 16000 - GENERAL PROVISIONS FOR ELECTRICAL
PART 1 - GENERAL
1.01 CHECKING DOCUMENTS:
A. The drawings and the specifications are numbered consecutively.
The Contractor 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
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.
1.02 INSPECTION OF SITE:
A. 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:
A. 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 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 execution of his contract.
E. The workmanship shall in all respects be of the highest grade
F
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 he proposes 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 Owner's Representative 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
i
a
techniques of construction, coordination of all trades and the
satisfactory performance of his work.
C. Shop drawings submitted shall not consist of manufacturers'
1
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 catalogue of all shop drawings under each
section, properly indexed and certified that they have been
q
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 Owner's Representative, shall not relieve the
contractor from furnishing and erecting same.
1.07 PROTECTION OF APPARATUS:
A. 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 fora 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 vrork 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.
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
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, 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
r,
Contractor at this own expense.
1.09 LAWS, CODES AND ORDINANCES:
�^
f
A. All work shall be executed in strict accordance with all local,
7
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 Owner's
Representative, 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 U stall,"
"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 Owner, 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
I �'i3 F'�=ttx 1. f�" .qE n$r•+�+a �te'L W�$. I
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back -filled during the same day. Any trenches that must remain
open overnight shall be barricaded and lighted with approved
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flashing lights to prevent injury to park users or, pedestrians.
1.12 SALVAGE MATERIALS:
A. The Contractor shall remove existing equipment, piping, duct,
Oftconduit,
wire, junction boxes, light fixtures and other items
f;
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 Owner), 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.
C. All items or materials removed from the project shall be made
available for the Owner's inspection. The Owner retains the
r-
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:
A. 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.
1.14 COMPLETION REQUIREMENTS:
A. 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
1.15 CONTRACTOR'S RESPONSIBILITY FOR FINAL INSPECTION:
A. 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.
� 1.16 EXISTING UTILITIES:
is 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
F
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.
END OF SECTION 16000
SECTION 16110 - RACEWAYS AND FITTINGS
PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and Supplemental
Conditions.
,�. 1.02 SUBMITTALS:
A. Submit manufacturer's data on all materials.
1.03 SCOPE:
r" A. The work shall include furnishing and installing all rigid
steel and flexible metallic conduit, intermediate metallic
conduit, electrical metallic tubing, polyvinyl chloride
!� conduit, wireways, pull and junction boxes and outlet boxes,
together with all supporting devices and other accessories
required.
PART 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 (commercial Greenfield); conforming to UL Standard
UL 1 and UL listed and labeled; Triangle Conduit and Cable
Company, or equivalent.
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; Electri-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
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cabinets, with locknuts inside and 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 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 couplings at connections between flexible and rigid
conduit; T & B 3110 or 3130 Series nylon insulated throat,
steel connectors at box or cabinet terminations.
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.
PART 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 underfloor 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.
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 IN from insulation on the pipe, breaching or flue
'crossed. Wherever possible, avoid installing raceways directly
i
above or in close proximity to boilers and other like objects
operating at high temperatures.
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F. Damp or Wet Locations: In damp or wet locations.make every
l;.
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
raceways.
G. Different Systems: In systems operating at more than 300 volts
?Ilk
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 closures
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
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partitions, etc., carefully fill any space between the outside
j
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
o,
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
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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 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.)
END OF SECTION 16110
SECTION 16115 - UNDERGROUND ELECTRICAL DUCT
PART 1 - GENERAL
� 1.01 NOTE:
I A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and Supplemental
Conditions.
1.02 SUBMITTALS:
A. Submit manufacturer's data on all materials.
1.03 SCOPE:
A. The work shall include furnishing and installing all
underground electrical duct and direct burial conduit, together
with all other accessories required.
PART 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 equivalent.
B. Rigid Steel Conduit: As specified under Raceways and Fittings.
C. PVC Coated Steel Conduit: The conduit before coating shall
conform to UL 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
outer 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 coupling and conduit are
joined there shall be no exposed metal.
2.02 PULLBOXES:
A. 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.
PART 3 - EXECUTION
3.01 EXCAVATION:
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
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
h
substances encountered and to the depths required for
installation of the work under this Division.
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
immddiately 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:
A. 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.
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
7
F
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 factory -fabricated plastic conduit spacers in
staggered configuration to provide 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 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 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.
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:
A. All steel conduit in earth shall be rigid galvanized steel
conduit. wrap such conduit with 3M Company 0.020 inch thick
No. 51 "scotchrap" 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:
A. 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.
END OF SECTION 16115
SECTION 16120 - CONDUCTORS
PART 1 - GENERAL
1.01 NOTE:
I" A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and Supplemental
Conditions.
1.02
SUBMITTALS:
A.
Submit manufacturer's data on all materials.
1.03
SCOPE:
A.
The work shall include the furnishing of all conductors,
together with all splices, connections, identification,
including pulling devices.
PART
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.
r
B.
Insulation: Branch circuits shall have type THW or THWN
j
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
C
sizes to match conductor sizes. All compression connectors
shall *be applied with properly sized dies and tools. Split -
be
bolt 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
l
compatible terminations. Compression type lugs shall be used
wherever space permits, two hole lugs for #2/0 AWG and larger,
r'
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
7
aluminum conductor with a UL listed 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.
PART 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 conductorsby 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.
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
drawings. Such through
on joints shall consist of one circuit
to which shall be spliced the tap circuit.
B. Branch Circuits: Not more than one power or lighting circuit
shall be installed 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 wires 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: Flake 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 recommendation.
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
r^
spring cup Belleville washers on all bolted connections to
j
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 USS gauge, riveted to
an angle iron frame. Removable box covers shall be secured
with corrosion -resistant screws. For cables without a metallic
sheath, cable supports shall be of the split wedge type which
clamps each conductor firmly and lightens due to the wright of
cable. For cables with metallic sheath, a basket weave or
equal type of support shall be provided as approved by the
cable manufacturer.
END OF SECTION 16120
7
SECTION 16170 - CIRCUIT AND MOTOR DISCONNECTS
PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements and Supplemental
Requirements.
1.02 SUBMITTALS:
A. Provide complete catalog date and drawings on all items of
equipment.
1.03 MANUALS:
A. Include all submittal data in the operation and maintenance
manuals.
1.04 SCOPE:
A. Provide all labor, material, equipment, and service necessary
for and incidental to the complete electrical distribution
system.
PART 2 - PRODUCTS
2.01 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.
END OF SECTION 16170
SECTION 16400 - ELECTRICAL SERVICE
PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and the Supplemental
Conditions.
1.02 SUBMITTALS:
A. Submit for review catalog data and drawings for all equipment
items proposed for use under this Section.
1.03 SCOPE:
A. 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.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Underground Ducts: As specified under UNDERGROUND"ELECTRICAL
DUCTS.
B. Underground Plastic Conduit: As specified under UNDERGROUND
ELECTRICAL DUCTS.
C. Secondary Service Conductors: As specified under CONDUCTORS.
PART 3 - EXECUTION
3.01 SERVICE CONNECTIONS:
A. 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:
t A. 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.
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
END OF SECTION 16400
7
L
F
r
SECTION 16450 GROUNDING
PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and Supplemental
Conditions.
1.02 SUBMITTALS:
A. Submit manufacturer's data on all products.
1.03 SCOPE:
A. Furnish and install the various grounding systems outlined
herein in accordance with the National Electrical Code.
PART 2 - PRODUCTS
2.01 MATERIALS:
A. Products for grounding systems are specified elsewhere herein.
PART 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 copperclad 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 locknuts 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 nonmetallic conduit.
B. Provide grounding bushings on all service and feeder raceways
terminating within switchborads, motor control centers,
panelboards, cabinets, and all other enclosures. Provide
r
5
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:
A. 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
END OF SECTION 16450
SECTION 16500 - LIGHTING
PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and Supplemental
Conditions.
1.02 SUBMITTALS:
A. 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 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:
A. Flood lights and controls are specified as "no substitute"
items. Refer to Section 16000 regarding these items.
1.04 SCOPE:
A. 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.
PART 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 other 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.
B. Contactors shall be Square D, Class 8903, no substitute.
2.02 TIME SWITCH:
A. 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.
2.03 TIMERS:
A. Timers for control of volleyball and basketball court lights shall
be AMF - Paragon Model #501-142-00, no substitute.
2.04 FLOODLIGHTS:
A. General area lighting floodlights shall be 400 watt, high
pressure sodium, HEMA 7x6 distribution, with multitap ballast
set for 240 volt operation. The fixture housing shall be die-
7
cast with dark bronze finish and a removeable ballast panel
that is interchangeable with those currently stocked by the
Owner. Floodlights shall be Hubbell #MVK-04005-268 with model
MVMG-2 mesh guard.
B. Volleyball and basketball court
quartz, NEMA 6x5 distribution.
1505, no substitute.
floodlights shall be 1500 watt,
Fixtures shall be Hubbell #QL-
2.05 POLES AND ACCESSORIES:
A. Area lighting and volleyball and basketball 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-P08T1-030.
B. Area floodlight poles shall be furnished with two or three
fixture mounting brackets as required. Brackets shall be equal
to Hubbell #THB-21 or THB-31.
C. Volleyball court poles shall be provided with pole -top wiring
troughs equal to Hubbell #TMB-PTS.
2.06 PHOTOCELLS:
A. Photo electric controls shall be 120 volt, weatherproof units
with a Nema twistlock base, internal metal oxide surge arrester
and encapsulated cadmium sulfide cell.
B. Photo electric control is to be mounted on top of floodlight pole
nearest control pannel. Only galvanized hardware is to be used in
mounting process. Placement of photocell should be such that
photocell is not affected by luminares.
2.07 PUSHBUTTON CONTROLS:
A. Pushbutton for volleyball and basketball court controls shall be
heavy duty, oil tight units with a cast junction box. Provide
contacts as required to operate timers.
3.01 OUTDOOR LIGHTING CONTROL:
A. Area lighting contactors shall be turned on by photocell and off
by photocell. Volleyball and basketball court lighting shall be
controlled by a pole mounted pushbuton and timer.
3.02 AIMING:
A. The Contractor 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 16500
SPECIAL CONDITIONS
59
NOTICE OF ACCEPTANCE
ll .
To:
The City of Lubbock, having considered the proposals submitted and opened on the day of
199, for work to be done and materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it
appearing that your proposal is fair, equitable and to the best interest of said City, please take 'notice that said proposal
was accepted by the City Council of the City of Lubbock on the day of 1 199 at the bid price contained
therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and oil
other documents specified and required to be executed and furnished under the contract documents. It will be necessary for
you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such
contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and
furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of
Lubbock.
rCITY OF LUBBOCK
1,
Owner's Representat
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