HomeMy WebLinkAboutResolution - 4117D - Contract - AVI Inc - Center Pivot Irrigation System, Land Application Site - 04_08_1993Resolution No. 4117D
April. 8, 1993
Item #21
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 AVI, Incorporated for the installation of a
Center Pivot Irrigation System at the Land Application Site, attached here-
with, which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
e ty o n on, City Secretary
APPROVED AS TO CONTENT:
ctor Kilman, Purchasing Manager
APPROVED AS TO FORM:
DcKaTd M -Vandiver, First Assis
City Attorney
DGV:js/AVIINCCR.RES
DI-Agenda/May 20, 1993
1
CITY OF LUBBOCK
SPECIFICATIONS FOR
CENTER PIVOT
IRRIGATION SYSTEM
BID # 12504
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CITY OF LUBBOCK aL1
Lubbock, Texas
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BID BOND
Know all men by these presents:
Mist ARMSTRONG VALLEY IRRIGATION, INC. DBA A.V.I., INC.
(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 ( --------- 5%------------------ )
FIVE PERCENT OF THE GREATEST AMOUNT BID ---------------------------- —Dollars
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 19TH day of MARCH 1993
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to
the Principal for CENTER PIVOT IRRIGATION SYSTEM
BID # 12504
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 obligation 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.
Witness:
Attest:
ARMSTRONG VALLEY IRRIGATION, INC.
DBA A.V.I., INC.
D Principal
By
By
MERCHAN BONDIN ANY (Mutual)
By
Howard Cowan, Kevin Dunn or Marla Hill
Lubbock Texas
Any and all bonds or undertakings, provided that no bond or undertaking executed under
this authority shall exceed in amount the sum of TWO MILLION ($2,000,000)DOLLARS
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19TH MARCH 93
December 31, 1994
i/ ma's•
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
Office of
Purchasing.
MAILED TO VENDOR: March 3, 1993
CLOSING DATE: 03-19-93 @ 2 PM.
BID #12504 — Center Pivot Irrigation System
ADDENDUM #1
PLEASE NOTE THE FOLLOWING:
1. Please find enclosed the specifications sections for this bid.
THANK YOU,
RON SHUFFIELD
SENIOR BUYER
PLEASE RETURN ONE COPY WITH YOUR BID
Office of _
Purchasing
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
806-767-2167
MAILED TO VENDOR: MARCH 15, 1993
CLOSE DATE: MARCH 19, 1993 AT 2 P.M.
BID #12504, CENTER PIVOT IRRIGATION SYSTEM
ADDENDUM # 2
The following items take precedence over drawings and �-
specifications for the above named project. Where any item
called for in the bid documents is supplemented here, the
original requirements, not affected by this addendum, shall
remain in effect.
Please modify or amend Contract Documents as follows:
1. Please furnish with your system bid an automatic reverse and
an automatic kill switch on the last tower.
All requests for additional information or clarification
concerning this RFQ should be submitted in writing and directed
to:
Ron Shuffield
senior Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to: .(806) 767-2164
Than'Pc you,/
Ron Shuffield
Senior Buyer
PLEASE RETURN ONE COPY WITH YOUR BID
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLEt CENTER PIVOT IRRIGATION SYSTEM
ADDRESS: LAND APPLICATION SITE
LUBBOCK, TEXAS
BID NUMBER: 12504
PROJECT NUMBER: 2134-551190-9850
CONTRACT PREPARED BY: Purchasing Department
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10.
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12.
INDEX
PAGE
NOTICETO BIDDERS..........................................................................................5
GENERALINSTRUCTIONS TO BIDDERS............................................................................7
BIDPROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................15
PAYMENTBOND..............................................................................................21
PERFORMANCEBOND..........................................................................................25
CERTIFICATEOF INSURANCE..................................................................................29
CONTRACT..................................................................................................33
GENERALCONDITIONS OF THE AGREEMENT.......................................................................37
CURRENTWAGE DETERMINATIONS...............................................................................55
SPECIFICATIONS............................................................................................57
SPECIALCONDITIONS........................................................................................59
NOTICEOF ACCEPTANCE......................................................................................61
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NOTICE TO BIDDERS
BID d 12504
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., Roam L-04, Lubbock, Texas, 79401,
until 2:00 o'clock a.m. on the 19th day of March. 1993, or as charged by the issuance of formal addenda to
all planholders, to furnish all labor and materials and perform all work for the construction of the
following described project:
CENTER PIVOT IRRIGATION SYSTEM
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 Sth day of April. 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 Am. Civil St., in the amount of 100% of the
total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should
be issued by a company carrying a current Best Rating of p 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 S25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a
reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less
than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
r It shall be each bidders sole responsibility to inspect the site of the work and to inform himself
r regarding all local conditions under which the work is to be done. It shall be understood and agreed that
l all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159s, Vernon's Am. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
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The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and 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 12th 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 (8D6) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at
least 48 hours in advance of the meeting.
CITY OF LUBBOCK
Zl� �
Ron Shuffield
Senior Buyer
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ADVERTISEMENT FOR BIDS
BID S 12504
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 2:00 o'clock P.m. on the 19th day of March. 1993, or as changed by the issuance of formal
addenda to all planholders, to furnish all labor and materials and perform all work for the construction of
the following described project:
CENTER PIVOT IRRIGATION SYSTEM
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 fors 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 12 day of March. 1993, at 10:00 o'clo;k a.m., Personnel
Conference Room, 108, 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, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at
Least 48 hours in advance of the meeting.
CITY OF LUBBOW
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Ir Ron thhuffieLd
Senior Buyer
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. $COPE OF WORK
The work to be done under the contract documents shall consist of the following:
Center Pivot Irrigation System
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project In accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General
Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
construction of this project and shall be responsible for the satisfactory completion of all work contemplated by
said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered
by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to
Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 45 (forty-five) 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 to submitted, the City may direct the
Contractor to take such action as the City deems necessary to insure completion of the project within the time
specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to
execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of
which the Contractor has been notified.
7. MATERIALS AND WORKKANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately
until incorporated into the project. The presence or absence of a representative of the City on the site will not
relieve the Contractor of full responsibility of complying with this provision. The specifications for materials
and methods set forth in the contract documents provide minimum standards of quality which the Owner believes
necessary to procure a satisfactory project.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective r-
materials and workmanship. Prior to final acceptance, the Contractor shell 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 r
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 2O.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 shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the project
contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location
of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the
Contractor of his responsibilities aforementioned. All such underground tines or structures cut or damaged by
Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by
Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
IThe 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 atl damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced
by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs,
and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the
�^ project.
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4 14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from
the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume
full responsibility for sit damage which may occur as a direct or indirect result of the blasting. in addition, in
r 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.
If
Explosive materials shall not be stored or kept at the construction site xp p by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract,
It shall be the duty of the Contractor to notify each utility company having structures (above or below the ground)
in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given
sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their
property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage
rresulting 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.
r` The insurance certificates furnished shall name the City as an additional insured and shell further state that all
(1 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 must be paid on this project shall not be less than
specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention
is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the
payment of the wage schedules above mentioned and the bidderNs 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 end 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'imnediately 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 cashable without discount, not
Less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall
not later than the seventh day following the payment of wages, file with the owner's Representative, or Engineer, a
certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification,
the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true
and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the
future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the
classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included
in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars
for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or
mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of
general prevailing rate of per diem wages included in these contract documents.
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 must be signed by him
or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and
address of each member must be given and the proposal signed by a member of the firm, association or partnership, or
person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and
business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney
authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with
the proposal. The proposal shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed
on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no
proposal may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(0) Special Conditions (if any).
(h) Specifications.
(1) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
if Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
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BID PROPOSAL
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BID PROPOSAL
BID FOR L11MP AN CONTRACTS
PLACE LA Uod . 7e AC. S
DATE MCtrch 19 , 1993
PROJECT NUMBER yy;� S —r
Proposal of A . v. I. 1 n (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen: /�
The Bidder, in compliance with your invitation for bids for the construction of a ! P n ler I i v o l
—Jr riga '1c.A S item
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 alt of the conditions surrounding the
construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor,
materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents,
within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the
work required under the contract documents, of which this proposal is to be a part, is as follows:
MATERIALS: (S )
SERVICES: (! )
TOTAL BID: nc (! SSA, UU S• OU )
(Amount shall be shown in bo h words and figures. In case of discrepancy, the amount shown in words shall govern.)
1. Furnish and install one 2000 foot center pivot system:
MATERIALS: (S )
SERVICES: (S )
TOTAL BID ITEM #1: %,, TAn1,9'nn0( S,v `11Jr1'4reJ find f1 loon (S_ &' w'"- 00 )
2. Furnish and install one 160 foot span for use with an existing Valley Center Pivot System:
MATERIALS: (S )
SERVICES: (S )
TOTAL BID ITEM 92: _-Nine l 1_"`1Z77 *_ 3_ 9&5. DD )
3. Disconnect and relocate one center pivot sprinkler system including all parts, labor, and equipment.
MATERIALS:
(S )
SERVICES:
(S )
TOTAL BID ITEM I3: w r>ric, rind
"()hot) (i 3, 4yd. Do )
ITEMS 1-3
MATERIALS:
(f )
SERVICES:
(S )
TOTAL BID ITEMS 1-3:
(S )
WRITTEN FORM: iT ir�� �,.s Fig rand 22hco
(f 5S.no,5 0 )
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Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
*Notice to Proceed" of the Owner and to fully complete the project within 60 (Sixty) consecutive calendar days thereafter as —
stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated
damages the sum of $100.00 (One Hundred Dollars) for each consecutive calendar day in excess of the time set forth
hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction
number 20 of the General instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and nay not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the --
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence
work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has
bid; as provided in the contract documents.
Enclosed with this proposal is a Cashierls Check or Certified Check for 138 J i3orl d Dollan
(S ) or a Proposal Bond in the sum of Dollars (S ), which it is
agreed shall be collected and retained by the Owner as liquidated damages in the event the 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 bona
shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include sit contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
4 U y
Contractor
BY:
(Seat if if Bidder is a Corporation)
ATTEST:
J)J tL'12-l: Ulcl�
Secretary
LIST OF SUBCONTRACTORS
This form shell be completed and submitted with the Bidder's Proposel.
1.
2.
3.
4.
S.
6.
7.
S.
9.
10.
Minority Owned
Yes No
19
h
L - LL� L L� L✓ L.. L..� L.= L- l- L L_ L- L L-- L- L- L- L_".
l
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that A - ✓ r�. (hereinafter c lied the Principal(s), as
Principal(s), and
(hereinafter called the Surety(s),_as Surety(&), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Akfioo--0ollare (S 5 OQr 09) lawful money of the United States for
the payment whereof, the said rincipal and Surely bind themselves, and their heirs, administrators, executors, successors
and assigns, jointly and severally, firmly by these presents.
0 VHERE S, th Principal has entered into a certain written contract with the Obligee, dated theday of
1i, to^n
(CR;
C/ V
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay ell 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, Regular Session, 1959, and all liabilities on this bond shall
be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein.
BOND CHECK
EEST RATING
LICENSED IN TEXAS
DATE Y 7/f BY
F23
IN WITNESS WHEREOF, the said Principal (a) and Surety (s) have signed and sealed this instrument this day
of 1.
Surety
Principal pY�C" • lJw�6cJ
By: �L-k M_
(Title)
By:
(Title)
By:
(Title)
*By:
(Title)
HOWARD COWAN
ATTY IN FACT
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
H OWA RD CMA agent resident in Lubbock County to whom any requisite notices may be delivered and on wham service
of process awy be had in matters arising out of such suretyship... -
Surety
r By:
it e
Approved as to form: H OWA R D COWA N
City of Lubbock ATTY IN FACT
By:
City Attorney
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our f.iles... �.
24
PERFORMANCE BOND
1
r
25
r
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS ,
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
KNOW ALL MEN BY THESE PRESENTS, thatA•V �� hereinafter called the Principal(s), as Principal(s), and
F= i —n n— //i /(' n A
(hereinafter called the Surety(s), as Surety( s , brre held antl'firmlit,bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount t�s,��G>-- 0 fMg(jo --Dollars (Es$T) lawful money of the United States for
the payment whereof, the sa'id`PriRcipal and Surely bind themselves, and their heirs, administrators, executors, successors
and assigns, Jointly and severally, firmly by these presents.
iy
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated th y of
1qq to n _
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully 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, regular session 1959, and all liabilities on this bond shall be
determined in accordance with the provisions of said article to the same extent as if it were copied at length herein.
1N WITNESS WHEREOF, the said Principal (a) and Surety (s) have signed a sealed this insttr/ thi�� y of A
Surety Principal
* By: J By: 6—a Yp
(Title) HOWARD COWAN
ATTY IN FACT
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATE s 9 BY
(Title)
By:
(Title)
By:
(Title)
r 27
d
H OWARDhC,,4t9 ed surety company represents that it is duly qualified to do business in Texas, and hereby designates
an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of
-process nay be had in matters arising out of such suretyship.
Surety
*By: '—
(Title)
Approved as to Form H OW AR D COWAN
ATTY IN FACT
City of Lubbock ,
By; —
City Attorney
* Mote: If signed by an officer of the surety Company, there oust be on file a certified extract from the by -tows showing
that this person has authority to sign such obligation. if signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
28
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512)475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you
should contact the agent or the company first. If the dispute is not
resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or
condition of the attached document.
14TH MAY 93
December 31, 1994
r
r
CERTIFICATE OFINSURANCEOFiNSURANCE
29
UDi1J%yJ 1J:JJ (j`Cuo Itli buvo ac.tv�t�a aiv�ui�n.•�,n �
r F `aii i /tow=
Tot CITY Of Ll$"= QATli / 5-1 1-91
type of
Lust eckf temi ProJett�
7xis is to cavvy rmt V-1-, 1NC (Islam "Awmis of inswed) fe, st thf Qate of this; eerttft¢ate, farurod by
this Ca:pny with rfr mt to the bustrtss gw411" heretnafter *scribed, for the types of fnsurwce end to acw4nco of 4}
the Provisiam of the stwndard poltoles used by this Caspeny, the further hereinafter described. Weptfore to swes-rd
Oaticy noted hereon,
Im OF 1)cS"CE
Policy go. Effeatfvt
r Expires
tfmlto of Liability
06r0..1..............w.......-.w...............u....•..••.w.....-.
..........r.•
WrWhos
I• .
C°a+pO%*%'*n TSF-103914-00 9-26-92
9-2.6-93..
Statutory
•.• aseesesaswewgwwa wwwesewwgwe gw sureseegeeesseasas*weaawsfse*fe*ffffsf
afaff/. N.f./Isf afNe*f Nw*$wsa aewee sas wowas
O"O f protec-
Per Person C„ , 0,_ 0 0 , 0 0 0
tive or Contfa• 44-0$�$7-01 9-26�92
9-�'6=93
Per oaourrenn:s s l , 0�00 . Q00
gent Llabtttty
.......................... W
Property Damara 9.1,990,0.1,Q 00
w---w-ww..e•w.www.-.ww....w........... ...eeaitaeara.ee
.r.-r-.ILaraseeee-....a........
Contrector's
Per Persm : ,n M)..0 00
rectecttvx or 44-03787-01 9r-26-92
9-26--93
Per axurrane =�00
Contirgent
Property Omps U -QQQP 00
Liability
•.•••••...•/wagaelewwwwwww.ww-�......... •f..... .ewwessaese
agwewwgaaw awswwewew w wassagesgewge ago wseaf f faf 0w00ee0 se..aw
Mr Parton =j-nonxOC
AutOabbttl CAGO01728 9-26-92
9-26-93
Par occurrence 13 Ox►,y�nn,�,,,00
Property 08mas =,L..Q.n a .p 00
Iweww we *wage a*eased usse we•.eg.0Vee.
as see so ad aso. wa. w..a e. we Vag we Vegas ..-w1.w•-r--wee
Cmprahmtom
Grar'sl Lfabtltty 44-03787-01 9-26-92
0=26-93
$j 000
.................................................gafafasle.eraa.►eee.ee...ea
eee.e.ae.0............... age eadess.gwess
t *91t; L1rbtt1ty
gw...e..�.
wswgNf aaeeseeee*fe*saSao fNee*ef a base* as%sea ff.a.owe wwww.e.we►q wesg Ngwwegwweggge*.60 of #64 fff.N.1 a a fs fwewf-a a. au
The forevotng Potictse Cdo) Cdo not) eowr ■tt suboamtraatars.
Locotim Coyered All operations r c
VmKiPTtort of operettas co""O
inn rm14nmsm"* — Amlaa_ Carvr4r.e5 *"A
the Om potleles either in the body thereof or by spPropriety endon ent PrWdo the% they dty not bs chmved or
by the tnwrer in lets than the teaet tine rWro4 efter the fnsvred Us received written notice of such then" cr
eancatiatlon, or In use that# it no tepst raequiremavt, in Less than five doys In aftr ce of aenceltation.
Ftvt Wig$ of tM WtIFiCATE
It19't eE SENT To THE MIA, (1wNw of to er)
aye
T1ti—Sales Reprreeentativv'
31
r
CERTIFICATE OF INSURANCE
l TO: CITY OF LUBBOCK DATE:
Type of
Lubbock, Texas Project:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is at the date of this certificate insured
by
this Company with respect to the business operations hereinafter described, for the types of insurance and in accordance with
the provisions of the standard policies used by this Company, the further hereinafter described. Exceptions to standard
l!- policy noted hereon.
TYPE OF INSURANCE
Policy No. Effective Expires
Limits of
Liability
....................................................................................................................
Workmen's
Compensation
�•
Owner's Protec-
Per Person
$
j
tive or Contin-
Per Occurrence
$
pent Liability
Property Damage
S
Contractor's
Per Person
$
t
Protective or
Per Occurrence
E
Contingent
Property Damage
$
Liability
Per Person
$
Automobile
Per Occurrence
s
-------------------------------•---....._...------------------^-------------------Property
Damage
----E -----------
Comprehensive
�..
General Liability
S
9
Umbrella Liability
$
The foregoing Policies (do) (do not) cover all sub -contractors.
Locations Covered
DESCRIPTION of Operations Covered
The above policies either in the body thereof or by appropriate endorsement provide that they my not be changed or canceled
by the insurer in less than the legal time required after the insured has received written notice of such change or
cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THIS CERTIFICATE
k' MUST BE SENT TO THE OWNER. (Name of Insurer)
By:
Title
r 31
M
M
L� L; i� L-i t_.:_: i- i
F
STATE OF TEXAS
CONTRACT
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this Oth day of April. 1993. by and between the City of Lubbock, County of
Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred
N
to as OWNER, and AYI. INC. of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees
with OWNER to commence and complete the construction of certain improvements described as follows:
BID S 12504 - CENTER PIVOT IRRIGATION SYSTEM IN THE AMOUNT OF $58,005.00
n
and sit 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. J-1
IN WITNESS WHEREOF, the parties to these presents have
year and day first above written.
ATTEST:
Secret ry
APPROVED AS TO CONTENT:
f '
. ATTES
own
Corporate Secretary
f
r�
AVI. INC.
y: --- ..
TITLE•_ _
COMPLETE ADDRESS:
ID. Buy. (qz
�uj�d, V 7g4n
as in the
36
F
GENERAL CONDITIONS OF THE AGREEMENT
37
V
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 Wbbock, 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 persons, persons, co -partnership or corporation, to -wit: AVI. INC who has agreed to perform
the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to John Hindman, Farm Manager, Land Application Site, 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
i, Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement
(if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his
inspection in accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words
of like import are used, it shall be understood that the direction, requirement, permission, order, designation or
prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable,"
"Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's
Representative.
whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their nature, be
specifically and clearly described end specified, but are necessarily described in gotneral terms, the fulfillment of
which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said
specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his
interpretations of the meaning of the words, terms, or clauses defining the character of the work.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no 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
I the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to
the last business address known to him who gives the ngtjce.
8.WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities
necessary for the execution and completion of the work covered by the contract documents. Unless otherwise
specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor
shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work
described in words which so applied have well known, technical or trade meaning shall be held to refer such
recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "substantially Completed" is meant that the structure or project contemplated by the contract documents has
been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check
the Contractor's layout of all major structures and any other Layout work done by the Contractor at Contractor's
request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in
accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him
and he shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed
work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not
be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor
will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety
precautions incident thereto. 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 compensetion therefore. The Contractor shall give the Owner's Representative ample notice of the time and
place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the
Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such
stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense.
40
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the contract. in order to permit delays and disputes and to
discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the
amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall
determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every
question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's
Representatives's estimates and findings shall be conditions precedent to the right of the parties hereto to
arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this
contract; provided, however, that should Owner's Representative render any decision or give any direction, which in
the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party
i my file with said Owner's Representative within 30 days his written objection to the decision or direction so
rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter
provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore,
written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any
l claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor
a written decision on all claims of the parties hereto and on all questions which may arise relative to the
execution of the work or the interpretation of the contract,: specifications and plans. Should the Owner's
Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his
decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative my 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 spay within six
(6) days make written appeal to the Owner's Representative for his decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to
Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given
to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable
representatives of the Contractor is essential to the proper performance of the work and lack of such supervision
shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and
all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing Sony of the work.
41
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work,
and the general and local conditions, and all other matters which in any way effect the work under this contract.
No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the
execution of this contract, shall effect or modify any of the terms or obligations herein contained.
1s. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and Competent men, skillful in the performance in the type of work
required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him
in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or
men shall be discharged from the work and shall not again be employed on the work without the owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is
also understood that Owner shall not be held responsible for the care, preservation,"conservation, or protection of
any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all
times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation,
shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the
Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work.
Contractor shall make necessary arrangements and provide proper facilities and access for such observation and
testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any
observation which may be contemplated by Owner or owner's Representative and shall give ample notice as to the time
each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found
to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the
- time or place of discovery of such errors and regardless of whether Owner's observer has previously accepted the
work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it
must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the
event that any part of the work is being fabricated or manufactured at a location where it is not convenient for
Owner or Owner's Representative to make observations of such work or require testing of said work, then in such
event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates
of inspection, testing or approval made by persons competent to perform such tasks at the location where that part
of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed
by the American Society for Testing and Materials or such other applicable organization as may be required by law or
the contract documents.
42
1
If any work which is required to be inspected, tested, or approved is covered up without written approval or consent
r of the Owner or owner's Representative, it must, if requested by the owner or owner's Representative, be uncovered
91 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 shell
be corrected at the Contractor's expense.
Meither 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 slake such inspections, tests, or
approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements
of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use
{l 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.
r23. CHANGES AND ALTERATIONS
1.
The Contractor further agrees that the Owner may make such changes and alterations as the owner may see fit, in the
Line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for
a claim for damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the owner shall make such
changes or alterations as shall make useless any work already done or material already furnished or used in said
work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss
occasioned by such change, due to actual expenses incurred In preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required
by the Owner or owner's Representative to be done by the Contractor to accomplish any change, alteration or addition
to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal,
except as provided taller Changes and Alterations herein.
It is agreed that the Contractor shalt perform all extra work raider 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
t.- compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed tacit prices; or
Method (B) - By agreed lump sun; or
PM Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then
the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per
cent.
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In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall
apply and the "actual field cost• is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the
time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together
with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits,
Maintenance Bonds, Public liability and Property Damage and Workmen's Compensation and all other insurances as may
be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's
Representative may direct the form in which accounts of the actual field cost shall be kept and records of these
accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in
writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to
be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices
for the use of machinery and equipment shall be determined by using 100X, unless otherwise specified, of the latest
Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where
practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra
work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate
him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and
expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field
Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be Included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation
or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written
order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute
extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the
Contractor shall proceed with the work after making written request for written order and shall keep adequate and
accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby
preserve the right to submit the matter of payment to arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the 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 METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
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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 mchinery and equipment and other physical hazards
shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General
Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The
Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its
officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on
account of any injuries or damages received or sustained by any person or persons or property, on account of any
negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and
supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be
required to pay any judgment with costs which nay be obtained against the Owner or any of its officers, agents, or
employees including attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by
the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are
intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of his subcontractors.
2a. 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 all operations in connection with this contract, whether
performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of
each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury
and $300,000 Property Damage per occurrence to include:
Premises and operations
Explosion i Collapse Hazard
Underground Damage Hazard
Products i Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of the
endorsement doing so is to be attached to the Certificate of insurance.
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B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability insurance policy naming the
City of Lubbock as insured and the amount of such policy shall be as follows
For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an 'additional insured on this policy for this specific job and copy of _
the endorsement doing so Is to be attached to the Certificate of Insurance.
D. Builder's Risk insurance
The Contractor shall obtain a 8uilder'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 ($1,000,000
minimum) 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. Worker'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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(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shalt 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
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 FURVISHERS OF MACHINERY, EQUIPMENT AND
SUPPLIES
i
The Contractor agrees that he will indemnify and save the owner harmless from all claims growing out of any demands
of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof,
equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this
contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the
nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of
those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five
(5) days after demand is made, then owner may, during the period for which such Indebtedness shell remain unpaid,
withhold from the unpaid portion of this contract, a sun 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 writir4l.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shalt 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 ell such
r 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 marufacturer 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 toss 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.
PM
32. LAWS AND ORDINANCES
The Contractor shalt at all times observe and comply with sit federal, state and local laws, ordinances and
regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the owner
against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the
Contractor or his employees. If the Contractor observes that the plans and specifications are at variance
therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shalt 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 Owners 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 $100.00 (One Hundred Dollars) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract
as herein set forth for each and every calendar day that the Contractor shall be in default after the time
stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of
the work described herein is reasonable time for the completion of the same, taking into consideration the average
climatic change and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty in fixing and ascertaining actual damages the owner would in such event sustain, and the amount
is agreed to be damages the owner would sustain and shall be retained by the Owner from current periodical estimates
for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract.
35. 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
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion
of this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he
shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been
delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors
employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy,
fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written
justification as may be required by Owner's Representative for such an extension as requested by Contractor. The
Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the
Contractor supported by all requested documentation shall then submit such written request to the City Council of
the City of Lubbock for their consideration. Should the Contractor disagree with the action of City Council on
granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time
herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the
Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this
contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's
convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such
stoppage shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind 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
understood and agreed that the actual amount of work to be done and the materials to be furnished under this
contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the
unit price method, payment shall be for the actual amount of work done and materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under this
agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and
all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees
to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any
adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall
not apply to any claim of any kind arising out of the existence or character of the work.
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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 ell previous payments and ell 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. FINAL PAYMENT
upon the issuance of the certificate of completion, the Owner's Representative shalt proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under the terms
of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day
after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided
he has fully performed his contractual obligations under the terms of this contract; and said payment shall become
due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final
payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment
of any warranty which may be required In the special conditions (if any) of this contract or required in the
specifications made a part of this contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor
shall at his own expense promptly replace such condemned materials with other materials conforming to the
requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors
damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work
within a reasonabte time after a written notice by the Owner or the Owner's Representative, Owner may remove and
1, replace it at Contractorss expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any
damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of
substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with
reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims. '
- (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48. 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
E'
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. A1,RBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to
the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by
each party and the third chosen by the two arbiters selected; or if the,arbiters fail to select a third within ten
(10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a
resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10)
days of the demand, his right to arbitrate shall lapse, and the decision of the Owner's Representative shall be
final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's
Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any
papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract,
unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is
hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed
by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF
THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION 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 ofeproceedings 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 York, 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
52
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the Canty of location of the work, may let the contract for the completion
of the work under substantially the same terms and conditions which are provided in this contract. In case
of any increase in cost to the Owner under the new contract as compared to what would have been the cost
under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain
bound therefore. However, should the cost to complete any such new contract prove to be less than that
which would have been the cost to complete the work under this contract, the Contractor or his Surety shall
be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and
i certificates of completion and acceptance, as provided in paragraph 42 herelnabove set forth, shall be issued. A
complete itemized statement of the contract accents, certified to by Owner's Representative as being correct shall
then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as
the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of
certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when
the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery,
�+ equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or
his Surety. Should the cost to complete the work exceed the contract price, and the Contractor arid/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, togtether with an itemized list of
such equipment and materials shall be mailed to the Contractor and his Surety at the! respective addresses designated
1 in this contract; provided, however, that actual written notice given in any manner will satisfy this condition.
After mailirkg, 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.
r 51. ABANDONMENT BY OWNER
}
In case the owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with
said terms within ten (10) days after written notification by the Contractor, then the Contractor nay suspend or
wholly abandon the work, and nay remove therefrom all machinery, tools, and equipment, and all materials on the
ground that have not been included in payments to the Contractor and have not been incorporated into the work.
Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which
�.. estimate shall include the value of all work actually completed by said Contractor at the prices stated in the the
attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all
Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum
to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot
be utilized. The Owners Representative shall then make a final statement of the balance due the Contractor by
deducting from the above estivate all previous payments by the owner and all other sums that may be retained by the
Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or
r-+ 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.
r
53
52. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article
5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said
contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not
be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved
Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall
not be in effect until such bonds are so furnished.
53. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions
shall control.
54. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be
done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or
from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be
sustained and borne by the Contractor at his own cost and expense.
55. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with 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 persons, 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
r--
dispute Garner may remove the debris and charge the cost to the Contractor.
54
CURRENT WAGE DETERMINATIONS
41,
Resolution ;2502
January 8, 1987
Agenda Item #18
4.
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
;i
WHEREAS,
such rates need to be updated at the present time in order
to reflect the
current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the
general prevailing rate of per diem wages -for public works
contracts shall
be as set forth in the following named exhibits, which
.exhibits shall
be attached hereto and made a part hereof for all intents
..and purposes:
Exhibit A: Building Construction Trades
'-
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such Wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January 1987.
B.C. McMINN, MAYOR
Ranett6,.Boyd, CityQSecretary��
APPROVED T ONTENT: APPROVED AS TO FORM:
. I -Tr
Bi 1 P yne, D rector of Building DoYmld G. Vandiver, First
Services 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 1 1/2
times base rate.
EXHIBIT E,
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
7
I
SPECIFICATIONS
57
SPECIAL CONDITIONS
59
P
NOTICE Of ACCEPTANCE
TO:
7
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 199_ at the bid price contained
o therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all
other documents specified and required to be executed and furnished under the contract documents. It will be necessary for
r you to execute and furnish to the City of Lubbock ell such documents within ten (10) days from your receipt of this Notice.
w:
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
a Lubbock.
CITY Of LUBBOCK
Owner's Representat
61