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HomeMy WebLinkAboutResolution - 4155 - Contract - J R Landscaping - Irrigation System, Atzlan Mackenzie Park - 05_27_1993Resolution No. 4155 May 27, 1993 Item #14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and J.R.'s Landscaping and Sprinkler Systems for an irrigation system at Atzlan-Mackenzie Park Link, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: tty.M9 Jo nsCity ecretary APPROVED AS TO CONTENT: �- - --1 " . &Al' tbtK Victor Kilmant Purchasing Manager APPROVED AS TO FORM: Dbritld G.-Vandiver, First Assistan City Attorney DGV:jz/JRLNDSCP.RES DI-Agenda/May 20, 1993 1-//55 CITY OF LUBBOCK SPECIFICATIONS FOR IRRIGATION SYSTEM ATZLAN/MACKENZIE PARK LINK BID # 12572 .� Cif' 4 0110w CITY OF LUBBOCK Lubbock, Texas,.-- 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 byand between the City of Lubbock and J.R.,'s Landscaping and Sprinkler Systems for an irrigation system at Atzlan-Mackenzie Park Link, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this day of , 1993. ATTEST: Betty o nson, City Secretary APPROVED AS TO CONTENT: Victor Kilmanurchasing Manager ' APPROVED AS TO FORM:J% Vandiver, First Assistan City Attorney DGV:js/JRLNDSCP.RES D1-Agaada/May 20, 1993 F City of Lubbock P.O. Box 2000 Lubbock. Texas 78457 606-767-2167 MAILED TO VENDOR: MAY 5, 1993 CLOSE DATE: MAY 11, 1993 AT 2 P.M. Office of Purchasing BID #12572t IRRIGATION SYSTEMr ATZLAN/MACKENZIE PARK LINK ADDENDUM # 1 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 NOTE THE FOLLOWING: Please modify or amend contract Documents as follows: 1. On the specifications, Section 02 Irrigation, 6.2 Materials, E. Swing Joints, 2. Elbows reads, "Schedule 40 FIPT x FIPT". Please change to read, " Schedule 80 FIPT x FIPT." 2. Also, on the irrigation plan, Quick Coupling Valve, please change the 1" 90P Ell Schedule 40 to 1" 900 Ell Schedule 80. 3. on the specifications, Section 02 Irrigation, 6.2 Materials, F. Valves, 2. Quick Coupler Valves reads, "(Rainbird 44RC or "approved equal")", please change to read, "(Rainbird 44NP or "approved equal")". 4. Also on the irrigation plan, please change the Model number of the Rainbird, 1" Quick Coupling Valve from RB44RC to . RB44 TAP. Laura Ritchie Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 767-2164 Thank you, &Uck- Laura Ritchie Buyer PLEASE RETURN ONE COPY WITH YOUR BID CITY OF LUBBOCK SPECIFICATIONS for TITLE: IRRIGATION SYSTEM ATZLAN/MACKENZIE PARK LINK ADDRESS: 1-27 AT MUNICIPAL DRIVE, LUBBOCK, TEXAS BID NUMBER: 12572 PROJECT NUMBER: 1422-553107-9706 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 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 3 NOTICE TO BIDDERS 5 i NOTICE TO BIDDERS BID N 12572 sealed bids addressed to LAURA RITCHIE, Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L•04, Lubbock, Texas, 79401, until 2:00 o'clock a.m. on the 11th day of May. 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: IRRIGATION SYSTEM ATZLAN/MACKENZIE PARK LINK 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 27th day of May. 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 L; Rating of @ 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. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents way be examined at the office of the Purchasing Manager for the City of, Lubbock, Texas. r Attention of each bidder is particularly called to the schedule of general prevailing rate of per I diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's 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. 0." i. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a pre -bid conference on 4th day of May, 1993, at 9:00 o'clock a.m., Personnel Conference Room 108, 1625 13th Street, Lubbock, Tx. 79401 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 Roan L-04 at least 48 hours in advance of the meeting. CITY OF LUBBOCK °a,u'ta. flr�z; LAURA RITCHIE BUYER r r ADVERTISEMENT FOR BIDS FBID it 12572 Seated bids addressed to Laura Ritchie, Buyer, Purchasing Department„ City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Roan L-D4, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 11th day of May. 1993, or as changed by the issuance of formal addenda to all r` planholders, to furnish all labor and materials and perform all work for the construction of the following described project: IRRIGATION SYSTEM ATZLAN/MACKENZIE PARK LINK After the expiration of the time and date above first written, said sealed proposals will be opened by the Buyer at his office and publicly read aloud. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidders attention is further directed to the provisions of Article 5159a, Vernon's Am. 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 4th day of May. 1993, 4t 9:00 o'clock a.m., Personnel Conference Room, 108, 1625 13th Street, Lubbock, TX.79401 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 LU68MK laVAIC11, l j ui LAURA RITCHIE BUYER /I r.. po GENERAL INSTRUCTIONS TO BIDDERS In 6� 1 r GENERAL INSTRUCTIONS TO BIDDERS t_. 1. SCOPE OF FORK The work to be done under the contract documents shall consist of the following: The contractor shall furnish all labor, superintendence, machinery, equipment and al.l materials necessary to complete this project in accordance with contract documents. All construction and other work shall be done in accordance with the best engineering and construction practices for the skill or trade involved. 2. CONTRACT DOCLMENTS 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 ell 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. i. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 60 (sixty) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. A` The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City �.. that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the j Contractor to take such action as the City deems necessary to insure completion of the project within the time t specified. S. 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. E r- 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the owner believes necessary to procure a satisfactory project. B. GUARANTEES All equipment and materials incorporated in the project and all constructions shall be guaranteed against defective _ materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of r. final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 4. 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 materiels, 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. W Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of ^-- Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to _ be incorporated into the work without paying the tax at the time of purchase. 10 I r 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES it shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shell be repaired immediately by contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as my be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES V The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In 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 gro") In proximity to the site of the work of Contractors intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. r The insurance certificates furnished shall name the City as an additional insured and shall further state that all 1 subcontractors are named as additional insureds, or in the alternative, shell be accompanied by a statement from the Contractor to the effect that no work on this particulYl project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. is. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily 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 Poposals 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 r the bidder without being considered. 12 i 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 duty 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: (e) Notice to Bidders. (b) General Instructions to Bidders. CO Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 13 BID PROPOSAL 15 BID PROPOSAL BID FOR LUMP SUM CONTRACT PLACE:1-27 AT MUNICIPAL DRIVE, LUBBOCK, TEXAS DATE: C�I1 �l � t�, PROJECT NO: 12572 -T Proposal ofg! �4nz 4cu as i:Sut ri k I�r.S�►rs erlii,a-ter called "Bidder") To the Nonorable Mayor and City Council City of Lubbock, Texas (hereinafter called "Owner") Gentlemen: The Bidder in fiance with your invitation for bids for the construction of �tZ fan til 46kcn7-1 e Park LinkT,.� 10' 1z.5-7-2— having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related Contract Documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, speciif-icattims and Contract Documents, within the time set forth therein and at the prices stated below: MATERIALS:.( eA._ 1/J/!/1'///l IiY►� tom. SERVICES: TOTAL BID: i.riti„�1,{ �L•/2/� %[fit' (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) The Bidder binds himself an acceptance of his proposal to execute a Contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in this proposal. Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written r" "Notice to Proceed" of the Owner and to fully complete the project within 40 (SIXTY) working days thereafter as stipulated in the specifications and other Contract Documents. Bidder hereby further agrees to pay the owner as Liquidated damages the sum of $100.00 (�E HUNDRED DOLLARS) HUNDRED DOLLARS) for each working 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. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any forfelity in the bidding. ;r l Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications, and Contract Documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the Contract Documents. Enclosed with this proposal is a Cashier's Check or Certified Check for �llr!'1' je &f�zl Dollars (f ) 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 data of receipt of written notification of acceptance of said proposal; otherwise said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the Contract to be executed by Bidder shall be bound and include all Contract Documents made available to him for his inspection in accordance with the Notice to Bidders. 15 L G i1GrR i K e r J ySt ews Contractor r r By: Alto- ;5w'i-2.t7S-Lu� QJTX 71�-401 (Seal if Bidder is a Corporation) V, FATTEST: Secretary r i� L I 4 r r - LIST OF SUBCONTRACTORS E, IThis form shell be eomoleted and submitted with the Bidder's Pr000sel, NA } Minority Owned Yes No 2. _ I� t 3. — 4. PM — 5. — C � 8 _ . f I I: 20 r F i 7 PAYMENT BOND 22 THE AMERICAN INSTITUTE OF ARCHITECTS JRLS-513 IN AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): J.R.'S LANDSCAPING & SPRINKLER SYS. 1717 AVENUE K, SUITE 205 LUBBOCK, TEXAS 79401 OWNER (Name and Address): �• CITY OF LUBBOCK 1625 13th STREET LUBBOCK, TEXAS 79401 SURETY (Name and Principal Place of Business): EAGLE INSURANCE COMPANY P.O. BOX 790868 SAN ANTONIO, TEXAS 78279 CONSTRUCTION CONTRACT Date: JUNE 2, 1993 Amount:$36,000.00------------------------------------� ���_�����__��__��� Description (Name and Location): ATZLAN/MACKENZIE LINK BOND Date (Not earlier than Construction Contract Date):JUNE 3, 1993 Amount:$36,000.00--------------------------------��������-----�����-- Modifications to this Bond: (2 None ❑ See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) J.R.'S LANDSCAPING & SPRINKLER SYS. Signature: Name and Title. GE (Any additional signatures appear on page 6) SURETY Company: (Corporate Seal) EAGLE INSVRANCE COMP Y Signature: I -b �J�W Name and Title: WAYMOND LIGHT ATTO Y- N-FACT (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006 A312-19M 4 r THIRD PRINTING • MARCH 1987 i 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the clam stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. S If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 200o6 A312-1984 5 THIRD PRINTING - MARCH 1987 1 r Bond shall be construed as a statutory bond and not as a I common law bond. i 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: M Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) r CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) A Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING • MARCH 1987 r EAGLE INSURANCE COMPANY 14607 San Pedro, San Antonio, Texas 78232 JRLS-513 GENERAL POWER OF ATTORNEY Know All Men By These Presents, That EAGLE INSURANCE COMPANY has made, constituted and appointed. and by these presents does make, constitute and appoint WAYMOND LIGHTFOOT r its true and lawful attorney, for it and Its name, place, and stead to execute on behalf of the said Company, as surety, bonds. undertakings and contracts of suretyship to be given to ALL OBLIGEES r" provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of i $500,000.00 7This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 20th day of June, 1991 "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company, be. and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attomey to execute in behalf of the Company, bonds. undertakings and all contracts of suretyship; and that an Assistant Vice President. a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach r" thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and r. binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, EAGLE INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be 7 signed by the President and attested by its Vice Presidents this 5th day of July. 1991. 7 Attest: By: 7 yc M Fourqueent f. STATE OF TEXAS ss.: COUNTY OF BEXAR EAGLE INSURANCE COMPANY �Steenahl esident On this 5th day of July. 1990. before me personally came Stephen C. Dahlbo, to me known, who being by duly sworn, did depose and say that he is President of the EAGLE INSURANCE COMPANY, the corporation described In and which executed the above instrument; that r.. he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that is was so affixed by order I of the Board of Directors of said corporation and that he signed his name hereto by like order. • � v 10YCE R0881NS JO CE ROBBINS Notary Public, State of Tew NOTARY PUBLIC. State of Texas • My Commission expires 01-16.94 Bexar County Commission expires January 16. 1994 r CERTIFICATE I, the undersigned. Secretary of the EAGLE INSURANCE COMPANY, a Texas corporation. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore that the Resolution of the Board of Directors. set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of San Antonio. in the State of Texas. Dated the 3rd day of .TUNE .19 93 r- PATF CIA I. HOWARD. Secretary V PERFORMANCE BOND 26 F THE AMERICAN INSTITUTE OF ARCHITECTS JRLS-513 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): J.R.'S LANDSCAPING & SPRINKLER SYS. 1717 AVENUE K, SUITE 205 LUBBOCK, TEXAS 79401 CITY OWNERLUBBaOnCK Address): 1625 13th STREET LUBBOCK, TEXAS 79401 SURETY (Name and Principal Place of Business): EAGLE INSURANCE COMPANY P.O. BOX 790868 SAN ANTONIO, TEXAS 78279 CONSTRUCTION ONTRACT Date: JUNE , 1993 Amount: Description (Name and location): ATZLAN/MACKENZIE LINK BOND Date (Not earlier than Construction Contract Date): JUNE 3, 1993 Amount:$36,000.00-------------------------�����������--------����� Modifications to this Bond: ® None O See Page 3 CONTRACTOR AS PRINCIPAL Companyy: (Corporate Seal) J.R. 'S LANDSCAPING & SPRINKLER SYS. Signature: Name and Title: QE FZE2. C ®cam(qEf— (Any additional signatures appear on page 3) SURETY Company: (Corporate Seal) EAGLE INS ZE COMP Signature: Name and Title: WAYMOND LI OOT ATTO Y N—FACT (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2DO06 THIRD PRINTING • MARCH 1987 A312.1984 1 F 7 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the1Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the. Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 19&4 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 2 THIRD PRINTING • MARCH 1987 r F able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. UM F31Jt# L'Ii t L4]:I,1 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) .. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: F AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 EAGLE INSURANCE COMPANY ` 14607 San Pedro, San Antonio, Texas 78232 JRLS-513 GENERAL POWER OF ATTORNEY Know All Men By These Presents, That EAGLE INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint WAYMOND LIGHTFOOT its true and lawful attorney, for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of $500,000.00 r This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 20th day of June, 1991 "RESOLVED, that the Chairman of the Board. the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or f a Vice President of the Company, be. and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds. undertakings and all contracts of suretyship; and that an Assistant Vice President. a Secretary or an Assistant Secretary be, and that each or any of them hereby is. authorized to attest the execution of any such Power of Attorney, and to attach r' thereto the seal of the Company. FURTHER RESOLVED. that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, EAGLE INSURANCE COMPANY has caused its official seal to be hereunto affixed. and these presents to be 4r4' signed by the President and attested by its Vice Presidents this 5th day of July, 1991. EAGLE INSURANCE COMPANY PM Attest: By: FM yc M Fourquet, Vice Rthsident Ste en C. Dahlb resident 7 STATE OF TEXAS ss.: ` COUNTY OF BEXAR On this 5th day of July, 1990, before me personally came Stephen C. Dahlbo, to me known, who being by duly sworn, did depose and say that he Is President of the EAGLE INSURANCE COMPANY, the corporation described In and which executed the above Instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation and that he signed his name hereto by like order. r. JOYCE ROBBINS �CE BBINS Notary Pub1Ic, State of Tan NOTARY PUBLIC, State of Texas • My Commission axpira 01-26-Bexar County Commission expires January 16. 1994 CERTIFICATE I, the undersigned, Secretary of the EAGLE INSURANCE COMPANY, a Texas corporation. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. r Signed and sealed at the City of San Antonio, in the State of Texas. Dated the 3rd day f JUNE .1993 PAT�CIA 1. HOWARD. Secretary r r CERTIFICATE OF INSURANCE 30 PRODUCER COBB INSURANCE AGENCY PO BOX 6158 LUBBOCK TX 79493 INSURED JR'S LANDSCAPING LAWN SPRINK INST P 0 BOX 2332 LUDBOCK TX 79408 COMPANY B LETTER COMPANY LETTER COMPANY LETTER D SERVICE LLOYDS INS CO COMPANY LETTER E COVERA 0, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POLICY NUMBER .TR POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS DATE (MMIDDIYY) DATE (MMIDOIYY) A GENERAL LIABILITY CLA5882'862 6/01/93 6/01/91 GENERAL AGGREGATE 4600 COMMERCIAL GENERAL LIABILITY' PRODUCTS-COMPIOPS AGGREGATE 0 CLAIMS MADE OCCUR. PERSONAL & ADVERTISING INJURY *9 0 0 OWNER'S & CONTRACTOR'S PROT.! EACH OCCURRENCE ~ '300 FIRE DAMAGE (Any one fire) it 0 . . ..... .... .. . .......... ........... .... MEDICAL EXPENSE (Any one person) i IF AUTOMOBILE LIABILITY COMBINED SINGLE Ill ANY AUTO LIMIT ALL OWNED AUTOS _4 I BODILY INJURY Ill SCHEDULED AUTOS (Per person) HIRED AUTOS i BODILY INJURY 8 NON -OWNED AUTOS (Per accidentj GARAGE LIABILITY tPROPERTY i ;DAMAGE . .. . ...... . .. EXCESS LIABILITY OTHER THAN UMBRELLA FORM D 78'397 WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY .. ... ...... OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS LUBBOCK VACINITY & VARIOUS LOCATIONS ('.'ITY OF' LUBBOCK BUILDING INSPECTOR P 0 BOX 2000 LUBE-':OCK TX 79153 OCCURRENCEi $ 1 ;8 ACANCELIAT­0_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT FAILURE TO MAIL SUCH NOTICE SHALL IMP06E NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. m ;ORP69ATION 198! F r- MR _ L7o-Lb .a-1 i79: 4k l_:H.LEbE , lf•1;_,Li1-t-flvi-t t-10=i ii_'i TRUCK INSURANCE EXCHANGE INTERIM CERTIFICATE AS TO EVIDENCE OF INSURANCE THIS IS NOT AN INSURANCE POLICY, THIS IS ONLY A VERIFICATION OF INSURANCE. IT DOES NOT IN ANY WAY AMEND, EXTEND OR ALTER THE COVERAGE PROVIDED W TMf POLICIES LISTED BELOW. Named JOE RAMIREZ le+sured ' DBA J R'S LANDSCAPING b SPRINKLER SYSTEMS Address 1a 77 AVE. K. S E #205 35••77.344 ` g _"° • Ct�80CK, TX. 74�8 6-s Agent POIIAy e • Auta Liah �al"ay 1 • A G This is to certify that policies for the above nomad insured ore in force as follows: Policy 6 Work coma This Interim Certificate As To Evidence of tnsurance shall expire sixty days trom 12:01 A. /ill,l -2-�3 , 1921, unless Concell©d prior to such dote by written notice to the homed insu QCI P{rresp isCua n PPrmnnr>nt rn►tifirnts- PWNED AUTO- MOBILE], IF COVERED COVERAGE COMBINED LIMITS OF LIABILITY COVERED NOT COVERED TO IANUTY ® ❑ Owned Bodily Injury S- 000 each person •000 ® ❑ Hired �2r�50 S 665 eoch occurrence ® i ❑ Non -Owned Employers Non -Ownership Property Damage 0� ._, 0 _—, 000 each occurrence Contingent liability Single Limit Liability for Coverages checked X above ,000 each occurrence GENERAL LlAAILITY M&C - OLT Bodily Injury $ ,000 each person • e Owners & Contractors $_ ,000 each occurrence ❑ ❑ Contractual « b_ ,000 annual apgregnro products • • • ❑ ❑ Elevators Products and/or Property Dornoge $ $ ,000 eoch occurrence annual eggr•gare Completed Operations --------- 000 products•••_ Single Limit liability for Coverages Checked [Z above $ ,000 each occurrence $000 . -. -..__ annual 000regote products • e • ❑ ❑ CARGO $ ,004 each vehicle $ SlatUtary 1000 each occurrence WORKERS' ❑ ❑ COMPENSATION • includes Goods or Products Warranty, Written Lease of Premises, Easement Agreement, Municipal Ordirn Agreement, Sidetrack Agr®emeni, Elevator or Escalator Maintenance Agreoment only, unless accompanie specific endorsement providing additional Contractual Coverage. + �_ a.x„w,i oesr,.Pr " ❑ bebw ❑ waw.d YEAR, MAKE, TYPE Of BODY, LOAD CAPACITY IDENTIFICATION NUMBER nt nur 83 CHEVROLET 92 TAYLOR TRAILERS (two of these) Umbrella Liability POLICY NUMBER #043 #323 and #314 $ ,000 retained limit $ each occurrent E aggregate If this Interim Certificote As To Evidence Of Insurance is to be cancelled prior to the expiration date, we shall Drovide 10 days advance notice in writing to whom this certificate is issued. CRIBOS INSURANCE 3323 82nd STOV LUBBOCK, TX 14 'PHONE: 793.24 Countersigned ♦ i Not Applieoble in TeACA. AWhoriraJ Re ntotire • w • to T•.ns the oOOreanlr r,ldo opplias in owners onri e.ontroctors Protective, contror luol and/or carripteted oporations. Certificate itsued to: Nam CITY OF LUBBOCK AmdAddress PURCHASING DEPT. PO BOX 2000 LUBBOCK, TX. 79457 CONTRACT 34 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and J.R."S LANDSCAPING AND SPRINKLER SYSTEMS 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 #12572 - IRRIGATION SYSTEM, ATZLAN/FIACKENZIE PARK LINK - IN THE AMOUNT OF $36,000.00 and all extra work a in connection therewith, underthe terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents year and day first above written. ATTEST: APPROVED ATTEST: Corporate Secretary executed this greeme n Lubbock County, Texas in the CI F UB ( R) y. MAYOR J.R.'S LANDSCAPING AND SPRINKLER SYSTEM By: TITLE• l COMPLETE ADDRESS: 35 GENERAL CONDITIONS OF THE AGREEMENT 38 GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner; or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR l Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be l understood to mean the person, persons, co -partnership or corporation, to -wit: J.R.IS LANDSCAPING AND SPRINKLER SYSTEMS, who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to Carlos VigiL, Park Development Supervisor, City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS k t 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 and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in ell 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. T. WRITTEN NOTICE rWritten notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the ngtjce. 33 r B. 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 compensation therefore. The Contractor shalt 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. 39 r 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 att 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 srtounts and quantities of the several kinds of work which are to be paid for under this contract. He shalt determine all questions in relation to said work and the construction thereof, and shell, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any ciaim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shad, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision an all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper Y inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, sit 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, shalt be under the exclusive charge and control of the Contractor and sit risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 42 r- 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. Is. 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 i 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. 43 h If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of sit such inspections, tests and approvals y 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 ary work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. s Neither observations by the Owner or owner's Representative, nor inspections, tests, or approvals made by owner, Owner's. Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use r 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 to that it shall be in full accordance with this contract. it is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the owner may make such changes and alterations as the Owner may see fit, in the dine, 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 York. In case the owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the owner shall recompense the Contractor for army material or labor to 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 under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the owner's Representative when presented with a written work order signed by the owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: l Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - if neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then r the Contractor shall be paid the actual field cost of the work, plus fifteen (M) per cent. 44 E 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, teems, trucks, rentals on machinery and equipment, for the time actually emptoyed 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 then agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terns 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 cortpensetion or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorising 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 MWIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor ere 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 cwpliance with the schedule of progress. 45 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 taws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with'all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards Mail, be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance Carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorneys fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter 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 shell 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 S 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. 46 B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurarce. 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 Builder's Risk policy in the amount of (100% of potential loss) naming the City of Lubbock as insured. E. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of ($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 emptoyees 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. 47 roll (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. t (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the Job specifications. No substitute of nor amendment thereto will be acceptable. 29. DISABLED EMPLOYEES Contractors having more then 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and priviliges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS. LABORERS. MATERIALMEN. AND FURNISHERS OF MACHINERY. EQUIPMENT AND SUPPLIES p^ 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 r� contract. when owner so desires, the Contractor shall furnish satisfactory evidence that sit obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shalt allow any indebtedness to accrue for work furnished by any of ; those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. j ft 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the owners, Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall beer ell costs arising therefrom. r- 46 The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required In the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is 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 A s 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. 49 7 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 owner's Representative for such an extension as y equ by p 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 my 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 r not apply to any claim of any kind arising out of the existence or character of the work. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full 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 lest day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 51 Pik t 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of completion, the balance due Contactor under the terms of this agreement, provided a 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 r" of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually, incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor*s expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shell 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 i it is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shell be in writing and filed with the Owners 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. r The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in I writing. in case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any l claim by either party, except where noted otherwise in t1e contract documents. i 49. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Porte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, at seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A 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 of proceedings or award. 50. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the Job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receiveanyrental 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 my deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the some had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or 53 E (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion OW of the work under substantially the seme 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 G certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall r 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 and/or his Surety fail to pay the amount due the owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of r" such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) Ir days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the •jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 51. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or r wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the l 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 York performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. r 54 l: 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 person, firm, or corporation. 56. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute owner may remove the debris and charge the cost to the Contractor. 55 CURRENT WAGE DETERMINATIONS 56 THIS PAGE LEFT BLANK INTENTIONALLY r- 7 r 7 DGV:da RESOLUTION Resolution 1-#2502 January 8, 1987 Agenda Item 1#18 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January 1987. � TTE Ranett�Boyd, City Secretary APPROVED T ONTENT: Bill- P yne, D rector of Building Services B.C. McMINN, MAYOR APPROVED AS TO FORM: ' 1 Do Id G. Vandiver, First Assistant City Attorney EXHIBIT.A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer $11.60 Air Conditioner Installer 8.35 Air Conditioner Installer -Helper 5.50 Bricklayer 10.50 Bricklayer -Helper 5.00 Carpenter 11.00 Carpenter -Helper 5.50 Cement Finisher 7.35 Drywall Hanger 8.70 Electrician 10.50 Electrician -Helper 5.25 Equipment Operator - Heavy 8.00 Light 5.70 Floor Installer 8.00 Glazier 7.50 Insulator, Piping/Boiler 9.50 Insulator -Helper 5.00 Iron Worker 7.30 Laborer, General 4.75 Mortar Mixer 5.60 Painter 8.75 Plumber 9.25 Plumber -Helper 6.00 Roofer 7.65 Roofer -Helper 4.75 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder - Certified 8.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator Roller Scraper Tractor Truck Driver - Light Heavy Hourly Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Power Line Foreman Lineman Journeyman Lineman Apprentice Series Groundman Series Hourly Rate $11.00 10:45 8.90 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is l 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. SPECIFICATIONS 58 I s SECTION _01 SUMMARY OF WORK Atzlan/Mackenzie Link at I-27'- Irrigation I-27 @ Municipal Drive Lubbock, Texas f 1. General �- 1.1 Scope of Project A. Contractor to supply all supervision,.perform PM all work, and furnish all labor, equipment, and incidentals necessary to fully and properly complete all work as described in the plans and specifications. All construction and other work shall be done in �^ accordance with the best engineering and construction practices for the skill or trade involved. 1.2 Work Included A. Section 02 - Irrigation 1.3 Additional Information A. All information under General Instructions To Bidder, General Conditions of Agreement, and Special Conditions apply to this section. B. These plans and specifications were prepared by the Parks and Recreation Department (which shall be called Owner). Contractor shall set all construction stakes for locations of elements at project site. Contractor to notify Owner for approval of staking 36 hours before construction process. Owner will instruct contractor on adjustments if necessary. 2. Quality Assurance 2.1 Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done. The Contractor shall rebuild, restore, and make good at his own expense, all injury and damage to same which may result from work being carried out under this contract. r 2.2 The Contractor shall take all necessary precautions to assure the safety of the site visitors during the construction and clean-up operations. The Contractor shall maintain and keep in good repair the work intended under these Plans and Specifications and shall perform all necessary repair, construction, and renewal to the date of acceptance by Owner. 2.3 Any utilities and irrigation lines shown on plans are for information only and are not guaranteed by the Owner to be accurate as to location and depth. The Contractor's attention is directed to the fact that other underground utility lines may exist that Owner is not aware of. It is the Contractor's obligation to locate and familiarize himself with all utilities'and to provide for their safety. Damage to utilities will be repaired at Contractor's Expense. End - of - Section i SECTION 02 Irrigation Atzlan/Mackenzie Park Link at I- 27 I-27 @ Municipal Drive Lubbock, Texas 1. General 1.1 Scope of Project A. To furnish all material, equipment, labor, and supervision necessary to provide complete installation of an automatic sprinkler system at the Atzlan Park/Mackenzie Park Link at 1-27. 1.2 Related Work Specified Elsewhere A. Section 01-Summary of Work 1.3 Work to be done by Owner A. Owner shall install electrical power and water source for Contractor. See 3.2 Utilities in this section for details. 1.4 Additional Information A. All information under General Instructions to Bidder, General Conditions of Agreement, and Special Conditions, (if any) apply to this section. 2. Quality Assurance 2.1 Qualifications of Bidder -Licensing A. Bidder shall be a registered Contractor and be a licensed irrigation installer in the state of Texas or from the state where Contractor is based. Out of state licensing shall only be acceptable if the licensing state shares reciprocity with Texas. License will be verified by city staff prior to issuance of building permit. A licensed irrigator or installer shall be on the job site at all times irrigation work is in progress. B. Bidder shall have satisfactorily completed a minimum of 3 comparable size automatic systems and be prepared to provide written references from each. C. Owner reserves the right to reject any bid if bidder is not qualified based on the above given criteria. r 2.2 Codes and Standards A. Bidder to conform to all local, state, and federal codes and ordinances. 2.3 Discrepancies A. It is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice of the area, and in.the event of any discrepancies between the plans and specificationarise or doubts as to the meaning and intent of any portion of the contract, the Owner shall define which is intended to apply to the work. 3. Site Conditions 3.1 Examination of Site A. Bidder shall visit the project site and compare drawings and specifications to actual site. Failure to do so will in no way'relieve the successful Bidder from the responsibility of completing the project in accordance to project specifications at no additional cost to the Owner. 3.2 Utilities A. Contractor's attention is directed to the fact that other underground utility lines may exist that Owner is not aware of. It is Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. Damage to utilities will be repaired at Contractor's expense. B. Water Supply - Meter or other water 'source to be supplied by Owner. Contractor is responsible for hook-up from meter to system. C. Electrical Power Supply - Power to the meter box to be installed by Owner. Owner will set the meter box. Contractor shall run power to the controller. Contractor must satisfy City of Lubbock electrical codes for hook-up. Contractor is required to have a licensed electrician provide the electrical hook-ups. D. Bores ( if applicable)-- Contractor is responsible for bores and sleeving necessary to go under city streets to provide any utility service to the project site. Bored holes shall be of the smallest diameter which will permit installation of encasement pipe. Pipe sleeving under city streets shall be 16 gauge smooth steel pipe with a minimum wall thickness of one - quarter (1/4) inch. Irrigation lines crossing sidewalks shall be sleeved with P.V.C. pipe. Pipe to be large enough for irrigation pipe and conduit for electrical control wires (if necessary) 4. Field Quality Control 4.1 Responsibility of Materials A. Contractor shall be responsible for all materials furnished by him and shall replace at his own expense all material found to be defective in manufacture or if it has become damaged in handling after shipment. 4.2 Responsibility of Property A. Contractor shall be responsible for the protection and preservation of all plant material, monuments, and structures during installation. Any damage shall be repaired or replaced by Contractor at his own expense to the satisfaction of the Owner. B. All trenching or any excavation is to be no less than six (6) feet from the trunk of any plant material. If questions arise, Contractor shall contact Owner for clarification. 4.3 Barricades and Protective Measures A. Contractor shall be responsible for the protection of unfinished work. Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property, and the work as may be necessary. B. The contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by contractor at his own cost and expense. The contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to contractor of City's certificate .of acceptance of the project. 7 5. Submittals 5.1 Maintenance Materials A. At completion of job Contractor shall furnish spare parts, special tools, and equipment required to operate and maintain system. 5.2 Maintenance Data A. Contractor shall furnish two (2) copies of parts list and repair,manuals for controllers, valves, and heads. 5.3 Project Record Document A. Contractor shall prepare an "as -built" plan of system after final check. Work to be done on vellum paper with legend describing symbols for equipment. "As - built" plans shall`be accurate. Inaccurate plans will not be accepted. Final payment will not be made until "as -built" plan is submitted to Park Development staff. 6., , . Products 6.1 Performance of.Specified Material A. All specifications given for materials are based on the performance of the equipment. This is to insure the integrity and proper hydraulics that the system is designed for. If bid material does not conform to given performance specifications, the bid will be rejected by Owner based on grounds that proper function of system could not be maintained by using equipment that does not meet the performance specifications required. B. All material to be new, unused, and current. C. All material must be a standard product of a manufacturer. D. Contractor shall provide performance records to verify equipment capabilities. 6.2 Materials A. P.V.C. Pipe 1. All polyvinyl chloride pipe shall be class 200. S R 21 unplasticized polyvinyl chloride, Type I, Grade I, except when using a pump. When using a pump, refer to the following chart. I k PIPE SIZE CHART Pipe Size Schedule/Class 1/2" 200 3/4 ti 200 r f 1" 200 1 1/4" 200 1 1/2" 200 If 40 2 1/2" 40 3" 40 4'' 40 6" 200 (USE ONLY WITH PUMP) �^ 2. All pipe must have manufacturer's markings clearly printed on them during installation. 3. All class 200 pipe must conform to ASTM D-2241. All schedule 40 and 80 pipe must conform to ASTM D-1785. 4. All piping under four (4) inch shall be solvent weld. ,.. 5. All piping over four (4) inch shall utilize belled ends or belled couplings using rubber gaskets in twenty (20) foot laying lengths. 6. All fittings for 4" or larger mainline shall be a; epoxy coated steel. B. PVC Fittings " 1. Schedule 40 fittings must conform to ASTM D-2466. 2. Schedule 80 fittings must conform to ASTM D-2464. 3. All threaded fittings must be schedule 80. C. Tubing 1. Tubing shall be constructed of linear low density polyethylene resin. 2. 1/2" tubing shall be Hardie EHD 1645 or approved equal. 3. 1/4" emitter distribution tubing shall be Hardie EHD 0437 or approved equal. r r E D. End Line Drain/'Flush Valves 1. Shall be placed at end of each section of drip tubing 2. Shall be Agricultural Products Inc. 700CEFCH-H or , approved equal E. Swing Joints 1. Nipples: Schedule 80 with molded threads on both ends. (unless specified otherwise in construction details) 2. Elbows: Schedule 40 FIPT X FIPT. 3. Pre -fabricated swing joints are not acceptable. F. Valves 1. Manual Control Gate Valve A. Brass body - standard type B. Non -rising stem C. Solid wedge disk D. Cold service 250 P.S.I. 2. Quick Coupler Valves (Rainbird 44RC or "approved equal") A. Single lug, 2 piece body, heavy cast bronze B. Standard cover C. Installed with min. 10" diameter concrete doughnut. (For 1", 1 1/2", 2" valves) Donuts shall be installed flush with finished ground level and shall not shift when walked upon. 3. Section Valves (Weather-matic 8024BCR-30XPR 311, Weather-matic 8024BCR-15XPR 1-1/2, and Weather-matic 8024BCR-10XPR 1" or "approved equal") A. Direct burial, remote control electric valve normally closed B. Solenoid - Waterproof molded epoxy resin construction having no carbon steel components exposed r C. Actuator - Stainless steel enclosed in a watertight protection capsule with a molded in place rubber exhaust port seal. Spring shall be stainless steel. D. Diaphragm - Dual ported, made of nylon .reinforced Buna-N rubber E. Flow adjustment system. F. Cold water working pressure -150 P.S.I. G. Bronze body and cover with stainless steel cover bolts. G. Vaults & Boxes 1. Filter Boxes (Brooks 1324 or approved equal) A. Supplied by Contractor B. To be installed by Contractor C. Minimum Base Dimensions: 34" x 24" x 18" deep, molded plastic. Use one extension to achieve depth required on detail sheet. 2. Section Valve Boxes A. Lock -in green lid with cover lift holes (Rectangular, lid shall have snap lock tab closure) B. Black lower body with pipe slot 2-1/2" x 4" (2 sides) C. Minimum Dimensions: 21" x 15-3/4" X 18" deep, molded plastic. Use extensions if necessary to increase depth of box walls to 8" minimum below the valve base. H. Sprinkler Heads 1. Specified Turf Heads (Toro 644-02-43 360 degree, Toro 642-02-43 180 degree, and Toro 643- 02-43 270 degree or "approved equal") A. Body: Non -corrosive cycolac and stainless steel construction. B. Gear -driven, pop-up design C. 2 3/8" pop-up to nozzle, 1" NPT female thread inlet. D. 56' radius at 40 psi with 13.2 G.P.M. E. Maximum working pressure - 150 p.s.i. F. Height - 9" G. All inside,'parts to have resistant slide - lock positioning. H. Precipitation rate - .39"/hr. for 360 degree head, .78"/hr. for 180 degree head, and .52"/hr. for 270 degree head. 2. Specified Drip Emitters (Hardie Turbo S.C., DPJ08,2GPH for trees and DPJ04, 1GPH for shrubs and ground cover or "approved equal") a. Install 2 emitters per tree on opposite sides of tree. b. Install 1 emitter per shrub or ground cover plant. c. Attach emitters to 1/4" emitter distribution tubing. I. Controller(s) 1. Central Controller (Weather-matic Mark 12FX with XVSCI2A Surge Protection or "approved equal") A. 12 Stations B. Solid-state timer with two independent programs variable from 0 to 99 minutes or 0 to 9.9 hours. C. Battery back-up to retain program and clock time for 60 minutes if power fails (requires two NiCd rechargeable batteries which shall be provided by the contractor). D. Electricity - Input - 115 V. AC. Output - 24 V. AC., input and output surge protectors. E. Size: Approximately 9.5" W, x 8.9" H, x 4.6"D. e� t i w. F. Housing: Raintight, urethane coated heavy - gauge steel, with a hinged cover having r" two side toggle latches and cylinder lock. G 2. Satellite Controller (if applicable) A. NA J. Screen Filter 1. Shall be Netafim-Arkal 24-A-49XXX-ST 2 Super Filter or "approved equal" 2. Filter element shall be composed of stacked, flat, grooved rings with a tangential inlet promoting the separation and sedimentation of heavy l solids. 3. 140 Mesh Size 4. Flushing tap shall be installed at filter bottom. l K. Lightning Arrestors with Grounding Rods r- 1. Arrestor To Be: C A. Installed at controller by Contractor. Lightening rods also to be installed by contractor. 2. Ground Rods -Copper coated steel using copper coated or bronze one piece clamps. 3. See 7.11 For more information 1 L. Control Wiring 1. All 24 volt wiring to be 12 AWG-annealed copper, Baron UF, 600 volt, PVC coated UL approved P ! direct burial. r. 2. All wire to be single stranded, one wire for each electric valve and a common wire. 3. All control wires to be installed at minimum depth of 18" and directly under any pipe if the same ditch is used. M. Control Pressure Pump Station (if applicable) 1. Not Applicable N. Miscellaneous Equipment 1. Wire Connectors A. Provide moisture -proof connection for underground wiring. B. Copper crimp sleeves must be used inside moisture -proof connectors to secure wires 2. P.Y.C. Solvent and Primer A. Solvent used on P.Y.C. pipe shall be of type approved by both the manufacturer of the pipe and manufacturer of fittings. B. Primer used shall be type approved in same fashion.' C. Primer will be color tinted. 3. Thrust Blocks Concrete "ready -mix" - 3,000 p.s.i. in 28 days with 3 number 3 rebar installed. To be placed at all angles and terminal ends of 2 1/2" or greater pipe. To be placed at all angles (90's, 451s, tees) and at terminal ends of pipe. Thrust blocks must be installedagainst the pipe and extend to an undisturbed vertical wall of the trench. 7. Execution 7.1 Handling of Materials A. Contractor shall exercise care in handling, loading, and unloading of all equipment. All P.V.C. pipe, fittings, and other equipment shall be adequately covered and protected from the elements. Pipe and fittings also shall be transported in such a fashion as to be protected from excessive bending and from external, concentrated load at any point. r r+ 7.2 Trenching A. To have straight, flat bottoms and of sufficient depth for sprinkler head and operable swing joint. B. Depth of Trench 1. 4" pipe or smaller - 18" minimum cover. 2. Pipe larger than 4" - 24" minimum cover. 3. 1/2" tubing -12" minimum cover on tree sections. Tubing in shrub and ground cover beds shall be at ground level. C. Pipe pulling is not acceptable. 7.3 Laying of P.V.C. Pipe A. Pipe to be snaked from side to side of trench bottom to allow for expansion and contraction of pipe. B. All foreign matter to be removed from inside of pipe prior to joining. Keep clean during laying operations by means of plugs or other approved methods. C. All lumber, rubbish, and large rocks shall be removed from the trenches. Pipe shall have firm, uniform bearing for the entire length of each pipe line to prevent uneven settlement. D. When trench is cut through rock or rock ground, the pipe must be bedded three inches on all sides with approved sand. E. Do not lay pipe in water, or when trench or weather conditions are unsuitable for work. F. When work is not in progress, securely close open ends of pipe fittings so that no trench water, earth, or other substance will enter pipes or fittings. G. Take up and relay any pipe that has the grade or joint disturbed after laying. H. Fittings at bends in the pipe line and at ends of lines shall be firmly wedged against the vertical face of the trench, but not against rock. I. Thrust blocks to be used. See 6.2.-K.3.A. (Thrust Blocks) F F J. Make joints in all screwed fittings by applying Teflon tape on male threads. Use of Teflon dope is prohibited. K. Only schedule 80 pipe and fittings may be threaded. L. Where threaded P.V.C. connections are required, use threaded P.V.C. adapters M. There shall be no less than nine (9) inches of pipe between any two fittings. N. No cross tees or street ells are to be used at any time. 0. On cut pipe, all burrs to be removed, tees and pipe to be cleaned, and primer and solvent applied as to standard application process. P. After pipe has been solvent weld, do not apply water pressure for a minimum of twenty-four (24) hours. Q. All pipe shall be installed so that manufacture's markings are facing the up position. R. Excess PVC Solvent shall be removed from joints before drying to prevent pipe weakening. Pipe connections made with excess solvent will not be accepted. S. The owners representative must be given twenty-four (24) hour notice before pipe trenches are covered so that owners representative may be present for inspection. After pipe system has been inspected and approved, trenches may be closed. 7.4 Installation of Valves (gate, double check, and section valves.) A. Install all new valves deep enough so that valve box lid will be flush to existing surface. B. Install double check valve (if used) with brass unions before and after valve. C. Install section valves with a PVC union before each valve. D. After installing valves and valve boxes, backfill hole with pea gravel up to bottom of valve. E. Quick coupler valve to be installed on double swing joint as specified on plans. Top to be flush with finish grade. 7.5 Sprinkler Heads, Drip Emitters A. All sprinkler heads to be installed at spacing indicated on plans. B. All sprinkler heads to be installed on double swing joint assemblies as indicated on plans. C. Install heads so that top of head is slightly above ground level to allow for settling. D. All sprinkler heads to be set to proper arc by Contractor. E. All heads to be installed six (6) inches from back of curb or jogging track edge (when applicable). F. Drip emitters shall be installed on 1/4" tubing which shall be attached to 1/2" tubing with barbed fittings. 7.6 Flushing A. The mainline and valves will be flushed after installation. Full working pressure must be used to flush all lines. On a loop system the two valves the greatest distance from the water source will be opened. On any other configuration of mainline, the last valve on each mainline will be opened for flushing. The Owner's representatives must be given twenty-four (24) hours notice before flushing begins so they may be present for inspections. After mainlines have been inspected and flushed the lateral lines may be installed. B. The lateral lines will be flushed just prior to head installation. Flushing procedure will consist of pointing all swing joints away from ditch line to prevent contamination. The next step is to open the valve with full working pressure and begin capping each swing joint with a threaded cap, beginning with the swing joint closest to the valve and ending with the swing joint the greatest distance form the valve. Twenty-four (24) hour notice must be given to Owner's representatives for inspection. C. Flush pipes until free of all rock, dirt, trash, pipe shavings, and debris. 7.7 Leakage Test A. After pipe is laid, line to be pressurized and all air expelled from line at highest point of each section. B. Each line to be inspected for leaks. Any joints showing leaks shall be repaired and any cracked or defective pipes or fittings shall be removed and replaced with good material. 7.8 Backfill A. Trenches to be backfilled with the excavated earth from trench work. All rocks and debris to be removed and no item larger than two (2) inch diameter to be placed back in trench. Backfill is to be compacted and flooded to settle trench. Contractor shall add more backfill if needed to bring trenches to existing grade. 7.9 Controller A. Contractor to locate controller as indicated on plans. B. Contractor shall install a concrete slab four (4) inches thick flush to ground. Owner will provide and Contractor will install prefabricated metal raintight box for Contractor to install controller in. Contractor shall install grounding rod through concrete slab. C. Contractor shall install rigid conduit from edge of slab, ell up through and attach to controller box. One conduit for power source; one conduit for common/section wires. P.V.C. will not be accepted for conduit. D. Power wire conduit to be 33144" diameter rigid conduit to meet city code. E. One duplex plug shall be installed in the controller box. 7.10 Wiring A. Control wires from controller to valves shall be laid in sprinkler line trenches (if applicable -wiring to be installed along wiring route on plan). B. Control wires to be taped together every twenty (20) feet along trench. C. Expansion loops shall be made every 50 foot length of . wire run by wrapping at least five (5) turns of wire around a one (1) inch rod or pipes then withdraw the rod. D. All wire connections or splicing work shall have moisture proof connectors, and their location must be denoted on the as -built plan. Contractor shall minimize amount of splices. E. Common valve wiring shall be white through entire system. F. Section valve wires shall each be a separate color up to nine (9) different colors. Each section must maintain consistent color from controller to valve. White wire may not be used as section wire. 7.11 Lightning Arrestors and Rod A. A lightning arrestor and rod shall be installed at each controller. The rod shall be installed by the owner and placed within the concrete slab below the controller. B. Rod shall be copper coated steel, minimum $ feet long and 8" diameter. C. Rod shall have minimum resistance of twenty five (25) OHMS or less. D. Rod to be connected to controller by a copper coated or bronze one piece clamp. E. Wire used to connect controller to lightning rod shall be f gauge solid copper wire or one gauge larger than power wires, whichever is largest. 8. Inspection/Acceptance 8.1 Preliminary Inspection A. When all initial installation is done and all incidentals necessary to the proper function of the system is done Contractor shall request Owner to walk through system and visually check the operation of the system. At this time Owner and Contractor will discuss repairs that may need to take place. 8.2 Final Inspection A. After preliminary inspection has taken place and all corrections and repairs have been completed by the Contractor, Contractor and Owner will again walk through system to check operation. This procedure will be repeated until system operates to Owner satisfaction. At this time Owner will accept system from Contractor. An acceptance form will follow from Owner to Contractor. 9. Clean up 9.1 Removal of Site Debris A. Contractor shall: 1. Make final clean-up of all parts of work. 2. Remove all construction material and equipment. 3. Prepare site in an orderly and finished appearance. 4. Remove from site any rock or extra dirt that resulted from this work and restore site to its original condition. 10. Warranty 10.1 Guarantee A. Contractor shall: 1. Make all needed repairs or replacements due to defective workmanship or materials for exactly one (1) year following date of final acceptance. 2. Be responsible for all expenses necessary for repairs and replacement. 3. Pay all expenses incurred if Contractor fails to act upon a request from Owner for repairs to system. If Contractor fails to do work within ten (10) days after request has been made by Owner, Owner will proceed with repairs and charge all expenses to Contractor. 4. Pay for expenses incurred to project due to vandalism prior to final acceptance. B. Owner shall: 1. Pay for all expenses incurred due to vandalism after final acceptance. End of Section SPECIAL CONDITIONS 60 NOTICE OF ACCEPTANCE TO: The City of Lubbock, having considered the proposals submitted and opened on the _day of 199_, for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the day of 199_ at the bid price contained 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 you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your relceipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative 62