HomeMy WebLinkAboutResolution - 4197 - Contract - Brown-Mckee Inc - Pedestrain Bridge, Canyon Lakes 6 - 07_08_1993Resolution No. 4197
July 8, 1993
Item #21
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by and
between the City of Lubbock and Brown -McKee, Inc., for the installation of a
Pedestrain Bridge at Canyon Lakes 6, 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:
&J'—,
Betty o nso City Secretary
APPROVED AS TO CONTENT:
is or Kilman,kPurchasing Manager
APPROVED AS TO FORM:
M
uoma u. vanmver, tirSt ASS1S
City Attorney
DGV:js/BRWNMM RES
D2-Agenda/J=e 23. 1993
07
CITY OF LUBBOCK
SPECIFICATIONS FOR
CANYON LAKE 6
PEDESTRAIN BRIDGE
BID # 12607
CITY OF LUBBOCK
Lubbock, Texa",,,,-4-4,q,
I II by l� 11-ll , % u . -+l7!
July 8, 1993
Item #21
M ILF1111Pl
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 Brown -McKee, Inc., for the installation of a
Pedestrain Bridge at Canyon Lakes 6, 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:
Lf-'- U r_,'�L
'Betty o nso ty Secretary
APPROVED AS TO CONTENT:
c
Victor Kilman,kPurchasing Manager
APPROVED AS TO FORM:
uonaia ti. vananver, rirst Asses
City Attorney
DGV:js/BRWt4 =.RES
D2-Agenda/June 23, 1993
F
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CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: CANYON LAKE 6 PEDESTRIAN BRIDGE
ADDRESS: QUIRT AVENUE
LUBBOCK, TEXAS
BID NUMBER: 12607
PROJECT NUMBER: 1481-553190-9877
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
PAGE
NOTICETO BIDDERS..........................................................................................5
GENERALINSTRUCTIONS TO BIDDERS............................................................................7
BIDPROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................15
PAYMENTBOND..............................................................................................21
PERFORMANCEBOND..........................................................................................25
CERTIFICATEOF INSURANCE..................................................................................29
CONTRACT..................................................................................................33
GENERALCONDITIONS OF THE AGREEMENT.......................................................................37
CURRENTWAGE DETERMINATIONS...............................................................................55
SPECIFICATIONS............................................................................................57
SPECIALCONDITIONS........................................................................................59
NOTICEOF ACCEPTANCE......................................................................................61
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RESOLUTION
F I
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 Brown -McKee, Inc., for the installation of a
Pedestrain Bridge at Canyon Lakes 6, 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 M. Johnson, City Secretary
APPROVED AS TO CONTENT:
Tic or Ki 1 man,k Purchas_i"5`gan"iger
APPROVED AS TO FORM:
an ver, rst ssistant
City Attorney
DGV: js/BRWMM.RES
i. D2-Aaenda/June 23, 1993
F
r BROWN - WALE Office of
P.O. BOX 3979 Purchasing
LUBBOCK, TEXAS 79452.3279
City of Lubbock (806) 745-45 L 1
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167 MAILED TO VENDOR: June 07, 1993
., OLD CLOSE DATE: June 10, 1993 AT 2 P.M.
NEW CLOSE DATE: June 16, 1993 AT 2:00 P.M.
1.
PID #12607 - CAN-YOF LAKE 6 PEDESTRIAN BRIDGE
ADDENDUM # 1
Please modify or amend Contract Documents as follows:
1. The closing date has been delayed from June 10, 1993, at
2:00 P.M.. The new closing date will be June 16, 1993, at
2:00 P.M..
PLEASE RETURN ONE COPY WITH YOUR BID
THANK Y
G h�or- }
Ron Shuffield
Senior Buyer
RECEIVED J U N,- 8 1993
f
City of Lubbock
P.O. Box 2000
Lubbock, Texas 7J457
606-767-2167
BROWN - MCKEE
P.O. BOX 3279 Office of
LUBBOCK, TEXAS 79452-3279 Purchasing
(806) 745.4511
MAILED TO VENDOR: June 10, 1993
OLD CLOSE DATE: June 10, 1993 AT 2 P.M.
NEW CLOSE DATE: June 16,1993 AT 2 P.M.
BID #12607 — CANYON LAKE 6 PEDESTRIAN BRIDGE
ADDENDUM # 2
Please modify or amend Contract Documents as follows:
1. Two boreholes were drilled on the last side of
Quirt Avenue, (approximately 10 feet from edge of
pavement) one on the North bank (borehole #1) and the
other on the South bank (borehole #2) of Double
Mountain Fork of Brazo's River. The primary soil types
encountered were clayey sand/sand lean clay (based on
visual inspection). Ground water was encountered at
approximately 10 feet below existing grade. The
boreholes were terminated at 35 feet as -hard formation-,,,
was encountered (25 blows for zero-penetration)-.-
2. Working days and "Notice to Proceed" will begin
after approval of design.
PLEASE RETURN ONE COPY WITH YOUR BID
ZT K YOU
Ron Shuffidid
Senior Buyer
RECIEWED J U N 11 1K ;
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NOTICE TO BIDDERS
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row
NOTICE TO BIDDERS
BID B 12607
Sealed bids addressed to RON SHUFFIELD, Senior Buyer, City of Lubbock, Texas, will be received at
k the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Roan L-04, Lubbock, Texas, 79401,
until 2:00 o'clock p.m. on the 10th day of June. 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:
CANYON LAKE 6 PEDESTRIAN BRIDGE
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 24th day of June, 1993, at Municipal Bldg.,1625
13th Street, Personnel conference room B108, Lubbock, Texas, or as soon thereafter as may be reasonably
convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder
will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's
Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price
exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of @
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 f25,000.00 the said statutory bonds will
not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a
reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less
than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that
all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Am. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
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The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, disability, or national origin in consideration for an award.
There will be a pre -bid conference on 3rd day of June. 1993, at 10:00 o'clock a.m., Personnel
Conference Room 108, 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -
bid meetings and bid openings are available to all persons regardless of disability. If you would like bid
information made available in a more accessible format or if you require assistance, please contact the
Purchasing Department at (8D6) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at
least 48 hours in advance of the meeting.
CIT 0 LUBSOC
RON SHUFFIELD
SENIOR BUYER
ADVERTISEMENT FOR BIDS
BID # 12607
Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department,, City of Lubbock,
Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock,
Texas, 79401 until 2:00 o'clock p.m. on the 10th day of June. 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:
CANTON LAKE 6 PEDESTRIAN BRIDGE
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Buyer at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per
Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, disability, or national origin in consideration for an award.
There will be a prebid conference on 3rd day of June. 1993, at 10:00 o'clock a.m., Personnel
Conference Room 108, Municipal Building, 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -
bid meetings and bid openings are available to all persons regardless of disability. If you would like bid
information made available in a more accessible format or if you require assistance, please contact the
Purchasing Department at (8D6) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room L-04 at
least 48 hours in advance of the meeting.
CIT F LUBB
on Shuffield
Senior Buyer
GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General
Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
construction of this project and shall be responsible for the satisfactory completion of all work contemplated by
t said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered
by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to
Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 40 (fourty) working days from the
date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
l The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City
that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the
Contractor to take such action as the City deems necessary to insure completion of the project within the time
specified.
5.PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
r 6. AFFIDAVITS OF BILLS PAID
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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 tabor, 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.
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T. 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.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective
materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general
guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all
damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of
final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of
Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and, specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the
proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of
Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to
be incorporated into the work without paying the tax at the time of purchase.
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12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
PM It shall be the Contractor0a responsibility to prosecute the work contemplated by the contract documents in such a
t way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
• other underground structures which might or could be damaged by Contractor during the construction of the project
contemplated by these contract documents, The City of Lubbock agrees that it will furnish Contractor the location
of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the
Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by
Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by
Contractor to the satisfaction of the City of Lubbock, Texas, at Contractors expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, end
shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced
by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs,
and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the
project.
14. EXPLOSIVES
The use of explosives will not be permitted unlesc 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
6.
full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in
all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger
life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms,
or corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract,
'•• it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground)
In proximity to the site of the work of 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. Ali policies shall
contain an agreement on the part of the insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particulgrOproject shall be subcontracted.
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17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on this project shall not be less than
specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention
is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the
payment of the wage schedules above mentioned and the 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
the bidder without being considered.
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I 20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on form furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the
work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly,
or typewritten. in case of discrepancy between the price written in words and the price written in figures, the
price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him
or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and
address of each member must be given and the proposal signed by a member of the firm, association or partnership, or
person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and
business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney
authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with
the proposal. The proposal shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed
on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no
proposal may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
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BID PROPOSAL
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BID PROPOSAL
BID FOR LUMP SUM CONTRACT
PLACE: SANITARY LANDFILL, 6500 N. AVENUE P, LUBBOCK, TEXAS
DATE: June 16, 1993
PROJECT NUMBER: 12607 - CANYON LAKE 6 PEDESTRIAN BRIDGE
Proposal of Brown -McKee, Inc. (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
FThe Bidder, in coapliance with your invitation for bids for the construction of a CANYON LAKE 6
PEDESTRIAN BRIDGE
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,
w teriets, and supplies; and to construct the project in accordance with the plans, specifications and contract documents,
within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the
work required under the contract documents.
MATERIALS:_ 7 X'��'��,-r i C i,,C� �, l� 410- f��il� C�,.t . (t r�'; �%¢ `= ,
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SERVICES: 11ir4lee 7Jt� C�� �i6`l/�/t�C{�1I y Je' (S �I ��� )
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Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
■Notice to Proceed" of the Owner and to fully complete the project within 40 (FOURTY) consecutive calerdar days thereafter as
Stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated
damages the sum of S100.00 (One Hundred Dollars) for each consecutive calendar day in excess of the time set forth
hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents.
" Bidder understands and agrees that this bid proposal shall be co
mpleted and submitted in accordance with instruction
rurber 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
` The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
Clans, Specifications end contract documents pertaining to the work covered by this bid, and he further agrees to eomn*nce
4-r1 on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has
L`c; as Provided in the contract documents.
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Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars
(i ) or a Proposal Bond in the sum of e-p X %?fovSC.,� ✓G►' �- Dollars (f %,Sa ), which it is --
agreed shall be collected and retained by the Owner as liquidated damages in the a nt 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 i
ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond
shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
(Seal if Bidder is a Corporation)
ATTEST-
Od"'A �%,, -Y?
Secretary
Brown -McKee, Inc.
Con or
X-44 4`022,
BY:
Mike P. Oles
President
17
BID PROPOSAL
BID FOR LUMP SUM CONTRACT
Item Quantities Total
No. & Units Description of Item & Unit Prices Amount
---------------------------------------------------------------------------------
1. 1 Lump Sum Pedestrian bridge furnished and
installed, including engineering,
design, labor, and materials for
completed bridge, including earthwork
footings, abutments, and all other
incidentals required for a complete
installation, lump sum;
SERVICES:
MATERIALS:
TOTAL:
TOTAL BID
$
N
U
BOND NO. CC 2645
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, that we
Brown-McKee,Inc
as PRINCIPAL, (hereinafter called the Principal), and Cumberland Casualty & Surety Company
,a corporation duly organized under the State of Texas and authorized to transact
a general surety business in the State of TX. as SURETY, (hereinafter called the Surety), are held firmly bound unto:
City of Lubbock
as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 5 % of the accompanying bid of the Principal, not,
however, in excess of EIGHT THOUSAND SEVEN HUNDRED FIFTY AND NO/1 OO--------=---- dollars,
($ 8,750.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the
Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or
(2) the furnishing of the specified goods, supplies or products, to -wit:
Canyon Lake 6 Pedestrian Bridge
NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall
duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any
amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to
the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the
Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going
thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to the Obligee
the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this
bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue.
PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid
shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid
provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the
time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced
within six (6) months from the date of the formal opening of said bid.
PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy
of a Power of Attorney authorizing the undersigned Attorney -in- Fact to execute such a bond, the Serial Number upon which
Copy of Power of Attorney shall correspond with the Bond Number set out above.
Signed, sealed, and dated this 1 Oth day of June 19 93
i
BY
Principal
BY
Laura Espinoza Attorney -in -Fact
CUMBERLAND CASUALTY & SURETY COMPANY POWER OF ATTORNEY
. I TAMPA, FLORIDA
F
PRINCIPAL
Brown -McKee, Inc.
EFFECTIVE DATE
6-10-93
P.O. Box 3279 Lubbock, TX. 79452
(STREET ADDRESS) (CITI) (STATE (ZIP CODE)
CONTRACT AMOUNT 175,000 EST AMOUNT OF BOND $ 8.750.00
POWER NO.: C C- 2 6 4 5
KNOW ALL MEN BY THESE PRESENTS: That the Cumberland Casualty & Surety Company, a corporation duly organized under the laws
of the State of Texas, having its principal office in the city of Tampa, Florida, pursuant to the following resolution, adopted by the Board of Directors
of the said Company on the 1 st day of January, 1989, to wit:
"Resolved, that the President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -
Fact, such person, firms, or corporations as may be selected from time to time.
Be It Further Reserved, that the signature of the President and the Seal of the Company may be affixed to any such Power of Attorney or any
certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and
binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Cumberland Casualty & Surety Company
does hereby make, constitute and appoint
Laura Espinoza State of TeXAS
its true and lawful atorney(s)-in-fact, with full power and authority hereby conferred in its name,. place and stead, to sign, execute, acknowledge
and deliver in its behalf, and its act and deed, as follows:
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
And to bind Cumberland Casualty & Surety Company thereby as fully and to the same extent as if such bond or undertaken was signed by
the duly authorized officer of the Cumberland Casualty & Surety Company, and all the acts of said Attorney(s) pursuant to the authority herein
given, and hereby ratified and confirmed.
IN WITNESS WIIEREOF, the Cumberland Casualty & Surety Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
COUNTY OF HILLSBOROUGH
SS
COUNTY OF HILLSBOROUGH
CUMBERLAND CASUALTY & SURETY COMPANY
?04 ►044
��
it SEAL
1 ID
Francis M. Williams, President
On this 1st day of January, A.D. 1989, before me personally came Francis M. Williams, to me known, who being by me duly sworn,
did depose and say; that he resides in the County of Hillsborough, State of Florida; that he Is the President, of the Cumberland Casualty
& Surety Company, the corporation described in and which executed the above Instrument; that he knows the seal of said corporation;
that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation
and that he signed his name, thereto by like order.
A y
TG9'tL
PUBLIC P M.L. Gray
=
M1MO.0' 'O1 ' My Commission Expires March 27, 1993
na
ism �toako�. oaf
°r °
STATE OF FLORIDA
SS
COUNTY OF HILLSBOROUGH
I, the undersigned, Assistant Secretary of the Cumberland Casualty & Surety Company, a Florida Corporation, DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains In full force.
Signed and Sealed at the City of Tampa. .1Tr j Dated the I Oth day of June , 19
u
USEAL Evelyn D. Rogers, Assistant Secretary
93
l
r-�
PM
1
LIST OF SUBCONTRACTORS
7
t
This form shall be completed
and submitted with the Bidderts Proposal.
a
2.
i
3.
4,
S.
6.
7.
1
8.
4.
10.
t:
r
E
20
Minority Owned
Yes No
. r.
j.
ppm
PAYMENT BOND
t,
ti
fJ
r 22.
(1
E
rSTATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
6 ,
KNOLL ALL.MEN BY THESE PRESENTS, that Brown-W(cKee, Inc• (hereinafter called the Principal(s), as
Principal(s), and Indiana Lurbermens Mutual Insurance Carpany
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter -called the
Obligee), in the amount of Dollars (S 349000.OQ lawful money of the.United States.for
the payment whereof, the said Principal and Surety bird themselves, and their heirs, administrators, executors, successors
and assigns, Jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee:, dated t6 8th day of
July 19--n to _
Bid 12607 - Canyon Lake 6 Pedestrian Bridge
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part heeeof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants
supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then,
this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil
Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall
be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein.
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATE'7-s`-22; BY 2;.�. .
l 24
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 21st day
of .111z_ 19-93-.
Indiana Lumber ens Mutual Insurance Carpany
Surety
Principal Brow-OtKee, Inc.
n *By: Q►ta.c.G.� � ��
Title)
Laura Espinoza Attorney -in -Fact
By:
(Title)
By:
(Title)
By:
f (Title)
The undersigned surety company represents that it is duty qualified to do business in Texas, and hereby designates
Everette Abernathie an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service
of process may be had in matters arising out of such suretyship.
Surety
• By;
(Title)
Approved as to form:
City of Lubbock —
Y�
City Xt torney —
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of —
attorney for our files.
K33'�Q C"":-i.
25
Indiana
Lumbermens
co,rpany
PRINCIPAL Bt o�nm-I'ICKiee, Imo' EFFECTIVE DATE
002626-000
POWER OF ATTORNEY
7-21-93
P.O. Box 3279 Lubbock, TX. 79452
I ' (STREET ADDRESS) (CITY) (STATE) (ZIP CODE)
CONTRACT AMOUNT $34n�m,om _ AMOUNT OF BOND $ 34,00000
r. POWER NO. SBP 12149960
KNOW ALL MEN BY THESE PRESENTS that the Indiana Lumbermens Mutual Insurance. Company, a Corporation duly organized and
existing under the laws of the State of Indiana, with its principal office in the City of Indianapolis, Indiana, does hereby make, constitute
and appoint
Latura Fsnnz?—. State of TexcaS
as its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute, acknowledge and deliver any
and all Bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof for and on
its behalf as follows:
�. The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
i And to bind the Corporation thereby as fully and to the same extent as if such Bonds and undertakings, recognizances, contract of
indemnity, and other writings obligatory in the nature thereof were signed b the President, sealed and duly attested by the Secretary
of the Corporation, hereby ratifying and confirming all that the said Aftorney(Ys -in-Fact may do in the premises. This Power of Attorney
is executed and may be revoked pursuant to and by authority granted by �rticle IV, Section 2-A (1) and (2) of the By -Laws of the
Indiana Lumbermens Mutual Insurance Company, which reads as follows:
r—
(1) The President or any Vice President shall have the power and authority, by and with the concurrence with the Secretary of the
Corporation, to appoint Attorneys -in -Fact for purposes only of executing and attesting to Bonds and undertakings,
recognizances, contracts of indemnity, and other writin s obligatory in the nature thereof, and at any time to remove any such
Attorney -in -Fact and to revoke the power and authority given to him.
(2) Attorneys -in -Fact when so appointed shall have power and authority, subject to the terms and limitations of the Powers of
Attorney issued to them, to execute and deliver on behalf of the Corporation any and all Bonds and undertakings,
recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and such instrument executed by
any such Attorney -in -Fact shall be as binding upon the Corporation as if signed by an Executive Officer and sealed and
attested by the Secretary.
IN WITNESS WHEREOF, the Indiana Lumbermens Mutual Insurance Company has caused these presents to be signed by its Vice
President, attested by its Secretary and its Corporate Seal to be hereto affixed this FIRST day of JUNE 19 92
ATTEST: Indiana Lumbermens Mutual Insurance Company
BY By ��
Secretary Vic- President
STATE OF INDIANA COUNTY OF MARION SS:
On this FIRST _ day of JUNE 19 _92 , before me personally came
the individual who executed the preceding instrument, to me known, who being by me duly sworn, acknowledged the execution of the
above instrument and did depose and say; that he is the therein described and authorized officer of the Indiana Lumbermens Mutual
Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that
it was so affixed by order of the Board of Directors of said Corporation: and that he signed his name thereto by like order.
{ PY „p` "
Myjgornmissio6 Expires Notary Public
STATE OF INDIANA-•.�ti' P,��
COUNTY OF MARION SS: "yo»taN.a
I, the undersigned, Secretary of the Indiana Lumbermens Mutual Insurance Company, do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney, executed by said Indiana Lumbermens Mutual
Insurance Company, which is still in force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of
Indiana Lumbermens Mutual Insurance Company at a meeting duly called and held on the 12th day of June 1973.
"RESOLVED: That the use of printed facsimile of the Corporate Seal of the Company and of the signature of the Secretary on
any certification of the correctness of a copy of an instrument executed by the President or a Vice President pursuant to Article
IV, Section 2-A (1) and (2! of the By -Laws appointing and authorizing Attorney -in -Fact to sign in the name and on behalf of the
Company Bonds and unddertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof
with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved."
In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this
day of Jul y i 9 3 .
21St
(SEAL)
Form 253
Secretary
r
PERFORMANCE BOND
26
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
Il OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
pop ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
KNOW ALL MEN BY THESE PRESENTS, that BKeeOheX*nafter called the Principal(s), as Principal(s), and
Irddiana Lurbennens Mutual Insurance Carpany
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Dollars (f) lawful money of the United States for
the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 8thday of
July*---, 19 91 to
Bid 12607 - Canyon Lake 6 Pedestrian Bridge
rR
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract. which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the
work in accordance with the plans, specifications and contract documents, then this obligation shalt be void; otherwise to
remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil
Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be
determined in accordance with the provisions of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this2lSt day of
July , 19 93.
Indiana L.0 bemiens Mutual Insurance Carrrpany
Surety
* By:
(Title) Laura Espinoza Atto �7y-i�n-Fact
r BOND CHECK
BEST RATING _
LICENSED IN TEXAS
DATEZ-E-27 BY
F
Bram4tKee, Inc.
Principal
By: (+.�
(Title)
By: '
(Title) -
By:
(Title)
r 28
E:
The undersigned surety company represents that it is duly,qualified to do business in Texas, and hereby designates
EV 12ettp Abel thiegent resident in Lubbock County to whom any requisite notices may be delivered and an whom service of
process may be had in matters arising out of such suretyship. _
Surety
*By:
(Title)
Approved as to form
City of Lubbock
By:
City Attorney
* Note: If'signed by an officer of the Surety Company, there must bit on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. if signed by an Attorney in fact, we must have copy of power of
attorney for our files.
RECEIVED JUL 2 2 1993
29
CERTIFICATE OF INSURANCE
30
CERTIFICATE OF INSURANCE Issue Date: 07/22/93
xxxxxxxxxxx***x**********z***z****zz*******xx*x***z*****x*******z*****z*x*********xx**x*xxx*xxx**xx**x***********x**xx***xxx*xx**
Producer: * This Certificate is issued as a matter of information only and confers no rights upon
Texas West Insurance Agency * the Certificate Holder. This Certificate does not amend, extend or alter the coverage
P 0 Box 54450 * afforded by the policies listed.
Lubbock, TX 79453
* Companies Affording Coverage Waiver of Sub. Add'1 Insured
x********x***zx*xxzz*z**z**z*xxx*z*****zz Company Letter A: Scottsdale Insurance Co.
Insured x Company Letter B:
Brown -McKee, Inc. * Company Letter C: Floyd West E Co.
P.O. Box 3279 z Company Letter D: Employers/TWCIF
Lubbock, Tx 79452-3279 * Company Letter E: M.O.A.C.
r Coverages: This is to Certify that 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.
{ z****xxz**x**xxx***x::xx**xxx***xxxx:**x*x*x***xxx*xxxxzzz****xxxx*xxxx*z*****:x***xx*zx*x**xx*xx*xzzzxx***xzx**x**x**xxx**z*zz**
Co.* Type of Insurance Policy Number Eff.Oate Exp.Oate All Limits
z**z*zx**z****xxx*xxzzzzxx**z**x****xxz*x*xxxx*z**xx*x*xxzx***xx*zzxx*x*xzzxzzx*x*****z**x***zz*xzxxx*x*z*zx*z****xx*xx*z**xxxx*z
A * General Liability *CLS107255 04/10/93 04/10/94 * General Aggregate $2000000
* ( ) Commercial General Liability x * Product-Comp/Ops Aggregate $1000000
x ( ) Claims Made (X)Occurrence x * Personal I Advertising Injury $1000000
x M Owners & /Contractors Protective * x Each Occurrence $1000000
z M Broad Form * x Fire Damage (Any One Fire) t
* ( ) * * Medical Expense (Any One Person) $
xx*****xxxx*xxs*****z*x**x***zx*x*****x*xxzx**xxz*xzx*xxx*xx*xxxxx*xxx**z*xx***x**x*z*zxx****xzx***xz*xx*x*z*******z*************
* Automobile Liability * x CSL $
x ( ) Any Auto x * Bodily Injury
x ( ) All Owned Autos x * (Per Person) $
* () Scheduled Autos * x Bodily Injury
* ( ) Hired Autos x x (Per Accident) S
* ( ) Non -Owned Autos x * Property
x ( ) Garage Liability x * Damage $
***x*x*******xxx*****zx***x**x*z*x*******x******xx*******z******x**********z*******x**z*x*xxxx**x**********x****xx*z*************
C x Excess liability $SP012903 04/10/93 04/10/94 z Each
* (X) Umbrella Form * x Occurrence Aggregate
x $2000000 $2000000
**zx***x***x*xxxx***x**xxxx*x**x*x******x*x*****xx******xxx**x*x*xz***********z*x****xx*******z****z*x***x****************x***x*x
7D x Workers' Compensation xWC2959368 01/01/93 01/01/94 x Statutory: $500000 (Each Accident)
x and * * $500000 (Disease -Policy Limit)
* Employers' Liability z * $500000 (Disease -Each Employee)
E i E x Other z
*Commercial Floater *IMBR 932826 01/01/93 01/01/94 x
***x****zz******x****x*xx*x*x** Description of Operations/Locations/Vehicles/Special Items***x*x**x*****x*x**x*x***x*x*****x
', xxxxxxxxx:xxxxxx*xxxxxxx*x***:*:x:xxxxx:xxxxxxxxxxxxxx:xxxxxxxx*xxx*xxxxx*x*xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Cancellation: should any of the above described policies be cancelled before the Expiration date thereof,the issuing Company will
endeavor to mail 30 days written Notice to the Certificate Holder named to the left, but failure to mail such Notice shall
impose no obligation or liability of any kind upon the Company, Its Agents or Representatives.
xxxxx*xxxxxxxx*xxxxxxxxx*xxxxx**xxxxxx***xxxx**x*xxx*xxxxxxxxx*zxx*xxx*xxx:xxxx�x*xxxxxxxxxx*xxxxxxxx*xxxxz*xx*xx**xx****xxxxxxxx
Certificate Holder x Authorized Representative
City of Lubbock -Ron Shuffield
Purchasing Department !.
P.O. Box 2000 "I/C
r^ Lubbock, Tx 79457 William L. Deal
Il Attn:
CONTRACT
34
CONTRACT
STATE OF TEXAS
M+
COUNTY OF LUBBOCK
e:. THIS AGREEMENT, made and entered into this $th day of July. 1993 by and between the City of Lubbock, County of
Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred
rto as OWNER, and BROWN-MCKEE INC. of the City of Lubbock, County of Lubbock and the State of Texas, hereinafter termed
4 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:
11
BID d12607 - CANTON LAKE 6 PEDESTRIAN BRIDGE - IN THE AMOUNT OF $34,000.00
and all extra work 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:
sLreta4 Aq±L
APPRO AS TO CONTENT:
G
APPROVED AS TO FORM:
i
l.;
v
r
ATTEST:
Corporate Secretary
n
{
BROWN-MCKEE. INC.
-�(� �6�
By: D �%
TITLE: i �lsf(� C"t
COMPLETE ADDRESS:
P.O. Box 3279
Lubbock, Texas 79452
:ounty, Texas in the
35
I'
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
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be
understood to mean the person, persons, copartnership or corporation, to -wit: Brown -McKee. Inc, who has agreed to
perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to Larry Hertel, City Engineer, 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
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed
r�
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.
[_I Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their nature, be
specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of
which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said
Specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his
interpretations of the meaning of the words, terms, or clauses defining the character of the work.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to
any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract
documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
` 7. WRITTEN NOTICE
II Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
t. 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 ncttiice.
I�
t.
B. OIORRK,
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 ell other facilities
necessary for the execution and completion of the work covered by the contract documents. Unless otherwise
specified, all materiels shall be new and both workmanship and materials shalt 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.
4. 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 ell 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 ell 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 shall give the Owner's Representative ample notice of the time and
place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the
Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such
stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense.
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14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
�,. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to
discourage litigation, it is further agreed that the Owner's Representative shall, in -all cases, determine the
amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall
determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every
question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's
Representatives's estimates and findings shall be conditions precedent to the right of the parties hereto to
arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this
contract; provided, however, that should Owner's Representative render any decision or give any direction, which in
the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party
I 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,
r` written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any
claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor
a written decision on all claims of the parties hereto and on all questions which may arise relative to the
execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's
Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his
decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said owner's Representative may deem
proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is
furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all
reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper
inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any
subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent
with the obligations of this Agreement and accompanying plans and specifications provided, however, should the
Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six
(6) days make written appeal to the Owner's Representative for his decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to
71,
Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given
to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable
representatives of the Contractor is essential to the proper performance of the work and lack of such supervision
shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and
all risk in connection therewith shalt 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.
elm 41
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and
Location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered„ the character of equipment and facilities needed preliminary to and during the prosecution of the work,
and the general and local conditions, and all other matters which in any way effect the work under this contract.
No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the
execution of this contract, shall effect or modify any of the terms or obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work
required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him
in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is
also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of
any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all
times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation,
shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the
Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work.
Contractor shall make necessary arrangements and provide proper facilities and access for such observation and
testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any
observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time
each part of the.work will be ready for such observation. Owner or Owner's Representative may reject any work found
to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the
time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the
work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it
must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the
event that any part of the work is being fabricated or manufactured at a location where it is not convenient for
Owner or Owner's Representative to make observations of such work or require testing of said work, then in such
event Owner or Owner's Representative may require Contractor to furnish Owner or Owner s Representative certificates
of inspection, testing or approval made by persons competent to perform such tasks at the location where that part
of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed
by the American Society for Testing and Materials or such other applicable organization As may be required by law or
the contract documents.
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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 Corner or Corner's Representative, be uncovered
for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals
shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of
any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but
does not meet the requirements of the contract documents shall be considered defective. Such defective work shall
be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by owner,
Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or
i approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements
of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use
in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in
conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice
thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so
that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated
as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the owner may make such changes and alterations as the owner may see fit, in the
line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
if such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for
a claim for damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
r. otherwise such additional work shall be paid for as provided under Extra York. In ca::e the Owner shall make such
changes or alterations as shall make useless any work already done or material already furnished or used in said
work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss
occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required
by the Comer 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
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Contractor to
require written confirmation of such extra work order by the Owner.
It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A)
- By agreed unit prices; or
°
Method (B)
- By agreed lump sum; or
Method (C)
- If neither Method (A) or Method (B) be agreed upon before
the extra work is commenced, then
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the Contractor shall be paid the actual field cost of the
work, plus fifteen (15%) per
cent.
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In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall
apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the
time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together
with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits,
Maintenance Bonds, Public liability and Property Damage and Workmen's Compensation and all other insurances as may
be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's
Representative may direct the form in which accounts of the actual field cost shall be kept and records of these
accounts shall be made available to the owner's Representative. The owner's Representative may also specify in
writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to
be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices
for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest
Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where
practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra
work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate
him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and
expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field
Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation
or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written
order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute
extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the
Contractor shall proceed with the work after making written request for written order and shall keep adequate and
accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby
preserve the right to submit the matter of payment to arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
contract documents as interpreted by owner's Representative. If the Contractor finds any discrepancies or omissions
in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a
clarification before the bids are received, and if no such request is received by the Owner's Representative prior
to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included
and has provided sufficient sums in his proposal to complete the work in accordance with these plans and
specifications. It is further understood that any request for clarification must be submitted no later than five
days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shalt, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
44
r 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
rw
company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's
Compensation laws of the State of Texas. The Contractor shalt 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
t shall be guarded in accordance with the 'Manual, of Accident Prevention in Construction" of Associated General
Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The
Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its
officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on
account of any injuries or damages received or sustained by any person or persons or property, on account of any
negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and
r 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 tights, 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 OwneN 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
l protection as hereinafter specified. Such insurance shall be carried with an insurance company authorized to
transact business in the State of Texas and shalt cover all operations in connection with this contract, whether
performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of
rr each subcontractor.
1.
A. Comprehensive General liability Insurance
The contractor shall have Comprehensive General Liability_ Insurance with limits of S300,000 Bodily Injury
and $300,000 Property Damage per occurrence to include:
r Premises and operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
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27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
G ,
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
r Compensation laws of the State of Texas. The Contractor shall at all times exercisa 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 constructi'oncodes. All machinery and equipment and other physical hazards
rshall be guarded in accordance with the "Manuel of Accident Prevention in Construction" of Associated General
j 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
a required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or
employees including attorney's fees.
The safety precautions taken shall be the soleresponsibility of the Contractor, in his sole discretion as an
Independent Contractor; inclusion of this paraoraph''in the Agreement, as well as any notice which may be given by
the Owners or the Owner's Representative concerning'iomissions under this paragraph as the work progresses, are
intended as reminders to the Contractor of his!.autr and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of his subcontractors.
r28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Such insurance shall be carried with an insurance company authorized to
transact business in the State of Texas and shall cover all operations in connection with this contract, whether
performed by the Contractor or a subcontractor,,or separate policies shall be provided covering the operation of
each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury
and $300,000 Property Damage per occureence�to include.
Premises and Operations
Explosion & Collapse Hazard
r I'
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
1)
45
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8. Owner's Protective or Contingent Public liability Insurance end Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the
City of Lubbock as insured and the amount of such policy shall be as follows
For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for.Property Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builderls Risk policy in the amount of (100% of potential loss)
naming the City of Lubbock as insured.
E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability insurance in the amount of ($1,000,000
minimum) with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile
Liability coverages.
The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Subcontractor
on the job with Employers Liability of at least $100,000 limit.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne
by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the bid specifications.
7
W A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the
Job specifications. No substitute of nor amendment thereto will be acceptable.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and
r• agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to Job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, Job training, and other terms, conditions, and priviliges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN. AND FURNISHERS OF MACHINERY, EQUIPMENT AND
SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands
of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof,
equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this
contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the
nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of
those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five
(5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid,
withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may
apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
` The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device,
material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner
thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall
indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such
suits and claims and shall be responsible for ell 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
r process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless
1 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 bear all costs arising therefrom.
7,
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The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as
the same regulates the objects for which, or the 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 is further agreed and understood between the Contractor and Owner that time is of the essence of this contract.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as
shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall
be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the
plans and specifications, and within the time of completion designated in the proposals; provided, also, that when
the owner is having other work done, either by contract or by his own force, the Owner's Representative may direct
the time and manner of constructing work done under this contract so that conflicts will be avoided and the
construction of the various works being done for the owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules
which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor
will start the several parts of the work and estimated dates of completion of the several parts.
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The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion
of this project, taking into consideration the average climatic range and industrial conditions prevailing in this
Locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he
shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been
delayed by an act or neglect of the Owner, owner's Representative, employees of the Owner or other contractors
employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy,
fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written
justification as may be required by Owner's Representative for such an extension as requested by Contractor. The
Owner's Representative within ten 0 0> 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 alt hindrances and delays incident to such
work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the
Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this
contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's
convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such
stoppage shall be paid by Owner to Contractor.
38. OUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area,
r' 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,
inctudfng 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 sire 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
r, The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under this
agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and
all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees
to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any
adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall
not apply to any claim of any kind arising out of the existence or character of the work.
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40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and materiel 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 tabor required for the aforesaid work, also, for all
expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and
according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by .
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have
not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for
partial payment. Owner's Representative shall review said application for partial payment and the progress of the
work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as
completely as practical the total value of the work done by the Contractor up to and including the last day of the
preceding month; said statement shall also include the value of 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 sane unexpected and some unusual delay occurs due to no
fault or negligence on the part of the Contractor, the owner may upon written recommendation of Owner's
Representative pay a reasonable and equitable portion of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work
has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and
within said time, if the work be found to be completed or substantially completed in accordance with the contract
documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and
thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the
work to the Contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under the terms
,. of the agreement, and shall certify same to the owner, who shall pay to the Contractor on or before the 31st day
after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided
he has fully performed his contractual obligations under the terms of this contract; and said payment shall become
due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final
payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment
of any warranty which may be required in the special conditions (if any) of this contract or required in the
specifications made a part of this contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor
shall at his own expense promptly replace such condemned materials with other materials conforming to the
requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors
damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work
within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and
replace it at Contractor's expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any
damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of
substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with
reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's
�. Representative has given any directions, order or instruction to which the Contractor desires to take exception.
The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in
writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for
arbitration shall be filed with the Owner's Representative and the Owner in writins within ten (10) days after the
date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final
acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any
claim by either party, except where noted otherwise in ?Ia contract documents.
49. 8RBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to
the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by
each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third within ten
(10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a
resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10)
days of the demand, his right to arbitrate shall lapse, and the decision of the Owner's Representative shall be
final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's
Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any
papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract,
unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is
hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed
by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF
THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY
RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained,
such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken
without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own
compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon
either or both parties. The award of the arbiters must be made in writing and shall not be open to objection on
account of the form of proceedings or award.
50. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of
the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the
Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete
the work and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with any materials and equipment under the
contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another
contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except
when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this
contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to
complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for
within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either
of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as
said Owner may deem necessary to complete the work and charge the expense of such labor, machinery,
equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted
and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the
Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would
have been payable under this contract, if the same had been completed by the Contractor, then said
Contractor shall receive the difference. In case such expense is greater than the sum which would have been
payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or
his Surety shall pay the amount of such excess to the Owner; or
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(b) The owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the work, may let the contract for the completion
of the work under substantially the same terms and condition 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
l certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A
( complete itemized statement of the contract accounts, certified to by owner's Representative as being correct shall
then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the owner as
the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of
L certificate of completion.
In the event the statement of accounts shows that the cost to complete the Mork is less than that which would have
been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when
the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery,
equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or
his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety
fail to pay the amount due the owner within the time designated hereinabove, and there remains any machinery,
equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of
such equipment and materials shall be mailed to the Contractor and his Surety at the, respective addresses designated
In this contract; provided, however, that actual written notice given in any manner will satisfy this condition.
After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his
Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15)
days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and
apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at
either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to person other than
the Contractor or his Surety, to their proper owners.
51. ABANDONMENT BY OWNER
In case the owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with
said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or
wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the
ground that have not been included in payments to the Contractor and have not been incorporated into the work.
Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which
estimate shall include the value of all work actually completed by said Contractor at the prices stated in the the
attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all
Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum
to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot
be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by
deducting from the above estimate all previous payments by the owner and all other sums that may be retained by the
Owner under the terms of this Agreement, and shall certify same to the owner who shall pay to the Contractor on or
before thirty (30) days after the date of the notification by the Contractor the balance shown by said final
statement as due the Contractor, under the terms of this Agreement.
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52. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article _
5160, Vernon's Annotated Civil Statutes in the amount of 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 end 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.
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CURRENT WAGE DETERMINATIONS
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RESOLUTION
Resolution #2502
January 8, 1987
Agenda Item #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 8: 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
Ranett"oyd, City Secretary
APPROVED T. ONTENT:
Bi 1 P/yne, D rector of Building
Services
8th day of January 1987•
C'. tp 1)
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
F%V�,) r)1A 11 A
Do ld G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing,Rates
Craft
Hourly Rate
Acoustical Ceiling Installer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
_
10.50
Bricklayer -Helper
5.00
Carpenter
11.00
' Carpenter -Helper
5.50
Cement Finisher
7.35
Drywall Hanger -
8.70
Electrician -
10.50
Electrician -Helper
5.25
Equipment Operator -
Heavy
8.00
Light
5.70
Floor Installer
8.00
Glazier
7.50
Insulator, Piping/Boiler
9.50 —
Insulator -Helper
5.00
Iron Worker
7.30
Laborer, General
4.75
Mortar Mixer
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65
Roofer -Helper
4.75
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
- Welder - Certified
8.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Hourly Rate
Asphalt Heaterman
$5.25
Asphalt Shoveler
4.75
Concrete Finisher
7.35
Concrete Finisher -Helper
4.75
Electrician
10.50
Flagger
4.75
Form Setter
6.50
Form Setter -Helper
5.50
Laborer, General
4.75
Laborer, Utility
5.80
Mechanic
6.50
Mechanic -Helper
6.00
POWER EQUIPMENT OPERATORS "
Asphalt Paving Machine
6.00
Bulldozer
5.25
Concrete Paving Machinist
6.50
Front End Loader
5.85
Heavy Equipment Operator
6.40
Light Equipment Operator
6.40
Motor Grade Operator.
8.00
Roller
5.25
Scraper
5.25
Tractor
5.50
Truck Driver -
Light
5.25
Heavy
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.l 1/2 times base rate.
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SPECIFICATIONS
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SPECIFICATIONS
GENERAL
These specifications are for a fully engineered clear span bridge of
steel construction and shall be regarded as minimum standards for design
and construction. Bridge shall be designed and manufactured by
Continental Bridge, Town & Country Bridges, or approved equal.
SPAN AND WIDTH
1. Clear span length (straight line dimension) shall be a minimum of 15
feet.
2. Bridge inside deck width shall be 6-feet.
ENGINEERING
1. Uniform Live Load Selection:
1.1 The bridge shall be designed for a minimum live load of 60
pounds per square foot.
2. Allowable Design Stresses:
2.1 Bridge applications, shall be designed in accordance with the
"Manual of Steel Construction; Allowable Stress Design," as
adopted by the American Institute of Steel Construction (AISC)-
-latest edition.
3. Shop
Drawings:
3.1
Shop drawings shall be unique drawings, prepared to illustrate
the specific portion of the work to be done.
3.2
Manufacturer's standard forms requiring only filling in of
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blank spaces shall not be acceptable unless all non -applicable
information is deleted and such standard forms are modified to
reflect exact requirements and conditions unique to the
project. All relative design information such as member sizes,
bridge reactions and general design notes shall be clearly
�..
specified on the drawings.
3.3
Shop drawings shall be accurately prepared by skilled draftsmen
to be complete in every respect. Drawings shall have cross
referenced details and sheet numbers. All drawings shall be
signed and sealed by a Registered Professional Engineer.
SP-1
GEOMETRY
1. Half -Through Truss Design (pony truss).
2. Railing height:
2.1 Railing height (top of truss top chord) shall exceed 54".
3. Diagnals:
3.1 Minimum of one diagonal per panel.
4. Camber:
4.1 Bridge camber at center of bridge span shall be 2-1/2% of the
total bridge span.
MATERIALS
1. The bridge shall be fabricated from unpainted self -weathering, high
strength, self -weathering, low alloy, atmospheric corrosion
resistant ASTM A847 cold -formed welded square and rectangular tubing
and ASTM A588, ASTM A606, or ASTM A242 plate and structural steel
shapes (FY-50,000 psi).
2. Field splices shall be fully bolted in accordance with
"Specifications for Structural Joints Using ASTM A325 or A490
Bolts."
3. Deckings:
3.1 Wood decking shall be West. Coast Region Douglas Fire or
Southern Yellow Pine planks. Decking to be treated to AWPA
standards. Preservations utilized shall be either Ammoniacal
Copper Arsenate (Chemonite or ACA) or Chromated Copper Arsenate
(CCA). Decking shall be treated to a total absorption of 0.40
pounds per cubic foot of wood or to refusal.
a. Nominal 2" x 10" planks for pedestrian and 5,000 pound
vehicle loads.
4. Steel attachments:
4.1 Continuous life safety rails (maximum clear openings of 6
inches).
FABRICATION
1. Workmanship, fabrication and shop connections shall be in accordance
with American Association of State Highway and Transportation
Officials Specifications (AASHTO).
SP-2
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1 2. Welding operators shall be properly accredited experienced
t operators, each of whom shall submit satisfactory evidence of
experience and skill in welding structural steel with the kind of
71" welding to be used in the work and who has demonstrated the ability
to make uniform good welds of the type required.
FINISHING
,.• 1. All boldly exposed surfaces of self -weathering steel shall be
cleaned in accordance with Steel Structures Painting Council Surface
Preparation Specifications No. 6, Commercial Blast Cleaning, SSPC-SP
6-63.
CONSTRUCTION
1. Engineering design and construction of the bridge and supporting
foundation (abutment or footing) will be the responsibility of the
Contractor.
2. Foundations shall be concrete with appropriate erosion control.
METHOD OF PAYMENT
1. Price -Bid shall include all engineering, design, labor, and
materials for completed bridge, including earthwork, footings,
abutments, furnishing and installation of bridge, complete in place.
F SP-3
SPECIAL CONDITIONS
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FSPECIAL CONDITIONS
1. CHANGES IN THE WORK
The Local Public Agency may increase the quantity of the work
in the Contract by supplementary projects, not included in
the Contract, without invalidating the Contract, and without
relieving or releasing the Contractor from any of his
obligations under the Contract or any guarantee given by him
pursuant to the Contract provisions, and without affecting
the validity of the guaranty bonds, and without relieving or
releasing the surety or sureties of said bonds. All such
work shall be executed under the terms of the original
Contract unless it is expressly provided otherwise.
If applicable unit prices are contained in the agreement
(established as a result of either a unit price bid or a
Supplement Schedule of Unit Prices) the Local Public Agency
may order the Contractor to proceed with desired additions to
the work as a result of supplementary projects, the value of
such changes to be determined by the measured quantities
involved and the applicable unit prices specified in the
Contract; provided that in case of a unit price contract the
net value of all additions does not increase or decrease the
original total amount shown in the Agreement by more than
twenty-five (25%).
Except for the purpose of affording protection against any
emergency endangering health, life, limb or property, the
Contractor shall make no change in the materials used or in
the specified manner or construction and/or installing the
improvements or supply additional labor, services or
materials beyond that actually required for the execution of
the Contract, unless in pursuance of a written order from the
9 Local Public Agency authorizing the Contractor to proceed
with the change. No claim for an adjustment of the contract
price will be valid unless so ordered.
2. SUPERINTENDENCE
The Superintendent and/or his assistants will not be allowed
to serve two functions simultaneously, such as operating
machinery and acting as Superintendent at the same time. The
Superintendent must be free of individual responsibilities to
enable him to give the entire project his constant attention
to facilitate the progress thereof.
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3. TIME AND ORDER FOR COMPLETION
No work will be allowed from November 1st through January 2nd
unless approved by the Engineer.
The construction covered by the contract documents shall be
fully completed within 40 working days from the date
specified in the Notice to Proceed issued by the City of
Lubbock to the successful bidder.
4. MAINTENANCE OF DETOURS
The Contractor shall do such work as may be necessary to
maintain detours and facilities for safe public travel.
There shall be maintained in passable condition such
temporary roads and structures as may be necessary to
accommodate public travel. Temporary approaches and
crossings of intersecting highways shall be provided and
maintained in a safe and passable condition by the Contractor
at his entire expense.
5. PUBLIC SAFETY AND CONVENIENCE
The safety of the public and the convenience of traffic shall
be regarded as of prime importance. It shall be the entire
responsibility of the Contractor to provide for ingress and
egress to private property. Ingress and egress to private
property shall be provided as specified in the plans or as
directed by the Engineer.
The Contractor shall plan and execute his operations in a
manner that will cause the minimum interference with traffic.
The Contractor shall secure the Engineer's approval of his
proposed plan of operation, sequence of work and methods of
providing for the safe passage of.traffic before it is placed
into operation. If at any time during construction the
approved plan does not accomplish the intended purpose, due
to weather or other conditions affecting the safe handling of
traffic, the Contractor shall immediately make necessary
changes therein to correct the unsatisfactory conditions.
At night or otherwise, all equipment not in use shall be
stored in such manner and at such locations as not to
interfere with the safe passage of traffic. The Contractor
shall provide and maintain flaggers at such points and for
such periods of time as may be required to provide for the
safety and convenience of public travel and Contractor's
personnel, and as directed by the Engineer. Flaggers shall
be English speaking, courteous, well informed, physically and
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mentally able to effectually perform their duties in
safeguarding and directing traffic and protecting the work,
and shall be neatly attired and groomed at all times when on
�I duty. When directing, flaggers shall use standard attire,
flags and signals and follow the flagging procedures set
forth in the Texas Manual on Uniform UNIFORM TRAFFIC CONTROL
DEVICES for Streets and Highways.
6. BARRICADES AND DANGER, WARNING AND DETOUR SIGNS AND
TRAFFIC HANDLING
The Contractor shall have the sole responsibility for
providing, installing, moving, replacing, maintaining,
s
cleaning and removing upon completion of work, all
barricades, warning signs, barriers, cones, lights, signals
�-
and other such type devices for handling traffic control as
indicated in the plans or as directed by the Engineer. All
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barricades, warning signs, barriers, cones, lights, signals
and other such type devices shall conform to details shown on
the plans and as directed by the Texas Manual on Uniform
Traffic Control Devices.
The Contractor may provide special signs not covered by plans
to protect the traveling public against special conditions or
hazards, provided however, that such signs are first approved
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by the Engineer.
Upon completion of the work, all barricades, warning signs,
barriers, cones, lights, signals and other such type devices
and evidence thereof shall be removed by the Contractor.
7. RESTRICTIONS AND REQUIREMENTS FOR CONSTRUCTION
A. The Contractor will need special permission to be
permitted to work on weekends or legal holidays and shall
do no work on any contract item before daylight or later
than one hour after sundown, except as directed and
approved by the Engineer. No work will be allowed between
November 1 and January 2, unless approved by the Engineer.
B. During the period of construction the Contractor will not
use private driveways for turning or parking his
equipment. Any damage to sidewalks, driveways, slabs or
curb and gutter will be replaced at the Contractor's
expense.
C. Before any portion of any street is closed to traffic the
Contractor will be required to have sufficient equipment
on the site to start the construction, and at no time
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will any section of the closed area be left three (3) days
without some type of work being performed. If there is a
shortage of equipment to work on all areas of the closed
section then the Contractor will be required to provide
additional equipment.
It is the intent of these requirements to construct the
improvements listed in this contract with the least
inconvenience to the property owners and the traveling
public. In the event damage occurs to pavement in the
area of a fire hydrant, which was caused by the
Contractor's employees negligence to shut off the valve on
the loading rack, it will be the Contractor's
responsibility and expense to repair the paving and
replace curb and gutter if required by the Engineer.
8. REMOVING OBSTRUCTIONS
The Contractor shall familiarize himself with the existing
obstructions including sidewalks, trees, poles, etc., prior
to construction. It shall be the Contractor's responsibility
to remove these obstructions at the direction of the Engineer
except that the utility companies will move their equipment
at no cost to the Contractor. The Contractor will receive no
compensation for delay caused by the Utility Companies in
relocating or removing their equipment.
9. TEST OF MATERIALS
These requirements apply to this contract and all
construction work on all streets and alleys including new
subdivisions, streets and alley use permits.
The Contractor will bear the cost of all material tests on
hot mix design and concrete design. The City will bear the
cost on tests during construction such as density on caliche
base, gradation on concrete and paving aggregates and density
and asphalt extraction test on hot -mix and black base.
(A) Concrete Mix Design HIV-2-E1 and
Preconstruction Test (IV-2-D)
The Contractor or concrete supplier will submit
a mix design on the crushed stone and gravel
approximately (20) days before beginning the
concrete operation for approval by the Engineer.
Contractors or Concrete Suppliers that supply
concrete for any contract, new -subdivision,
street or alley use permits will be required
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to submit to the City Engineer a concrete mix
design every thirty (30) to forty-five (45)
days for approval. Any contractor or concrete
supplier that does not have a current mix design
on file with the City Engineer will not be per -
permitted to furnish concrete for any project within
r the City of Lubbock until mix design is received.
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The City of Lubbock Testing Laboratory will make
test cylinders during the construction period.
When test cylinders fail to meet the required
strength at the 7 or 28 day break, the concrete in
question will be cored by the City of Lubbock
Testing Laboratory within three days after the 7 or 28
day break. If the core samples fail to meet the required
strength, the concrete will be rejected and removed. The
cost of coring on concrete that fails on the core test
will be charged to the Contractor or Concrete
Supplier. After the mix design is submitted and
approved by the Engineer, no changes in the design
or materials will be permitted without approval of
the Engineer.
(B) Cement
Certified mill test on each car or transport.
10. SUBCONTRACTORS
The Contractor shall not award any work to any subcontractor
without prior written approval of the Owner, which approval
will not be given until the Contractor submits to the Owner a
written statement concerning the proposed award to the
subcontractor, which statement shall contain such information
as the Owner may require.
The Contractor shall be as fully responsible to the Owner for
the acts and omissions of his"subcontractors, and of persons
either directly or indirectly employed by them, as he is for
the acts and omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be
inserted in all subcontracts relative to the work to bind
subcontractors to the Contractor by the terms of the General
Conditions and other contract documents insofar as applicable
to the work of subcontractors and to give the Contractor the
same power as regard terminating any subcontract that the
Owner may exercise over the Contractor under any provision of
the contract documents.
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Nothing contained in this contract shall create any
contractual relation between any subcontractor and the Owner
and said subcontractor will look exclusively to contractor
for any payments due subcontractor.
11. UNDERGROUND UTILITIES
The Contractor's attention is directed to the fact that
pipelines and other underground installations as may be shown
of the plans have been taken from the best available
information. There may be other pipelines or installations.
The Contractor shall save harmless the City from any and all
suits or claims resulting from damage by his operations to
any pipeline or underground installation.
It is the Contractor's responsibility, during the period of
street construction, to insure that all utility cuts in the
limits of street construction have been properly backfilled,
compacted and the top 6" inches backfilled with 3-sack
concrete. It is not the intent to require the Contractor to
provide for the utility cut repair but for the individual
utility company making the cut to provide their own repairs.
In the case of a City underground
Contractor may be required, at the
repair the cut with 3-sack cement
unit price bid.
12. WORKING HOURS
installation, the
Engineer's option, to
stabilized caliche at the
Construction work under this contract requiring an inspector
will not be performed on weekends or holidays unless the
following conditions, exist:
(A) The project being constructed is essential to
the City of Lubbock's ability to provide the
necessary services to it's citizens.
(B) Delays in construction are due to factors
outside the control.of the Contractor,. The
.Contractor is approaching the penalty provi-
sions of the contract and Contractor can
show he has made a diligent effort to
complete the contract within 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 (3) full
working days prior to the weekend or holiday he desires to do
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work and obtain written permission from the Owner's
Ll 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 Owners
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.
No work will be allowed from November 1st through January 2nd
unless approved by the Engineer.
13. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor
shall submit to Owner's Representative an application for
partial payment. Owner's Representative shall review said
application for partial payment and the progress of the work
made by the Contractor and if found to be in order shall
prepare a certificate for partial payment showing as
completely as practical the total value of the work done by
the Contractor up to and including the last day of the
preceding month.
14. 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 defects due thereto and pay for any damage to
other work resulting therefrom, which shall appear within a
period of one (1) year from date of final acceptance of the
project. The Owner or the Owner's Representative shall give
notice of observed defects with reasonable promptness.
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15. EXTENSION OF TIME - TIME FOR COMPLETION
An extension of time will not be allowed on this project.
The project completion will be based on working days allowed
instead of calendar days allowed.
All places in these documents referring to the number of
calendar days to complete the project are hereby revised and
termed the number of working days to complete the project.
A working day is defined as a calendar day, not including
Saturdays, Sundays, or designated City of Lubbock holidays,
in which weather or other conditions not under the control of
the Contractor will permit the performance of the principal
unit of work underway for a continuous period of not less
than seven (7) hours between 7:00 a.m. and 6:00 p.m. For
every Saturday or designated City of Lubbock holiday on which
the Contractor chooses and has the proper authorization to
work, one day will be charged against the contract working
time when weather conditions will permit seven (7) hours of
work as delineated above. Work on Sunday will not be
permitted except in cases of extreme emergency and then only
with the written permission of the Engineer. If Sunday work
is permitted, working time will be charged on the same basis
as week days.
The Contractor shall complete the work within the number of
working days stated in these documents. For the purpose of
computation, working days will be considered to begin with
the effective date stated in the "Notice to Proceed".
The Engineer will furnish the Contractor a monthly statement
showing number of working days charged during the month,
total number of working days allowed in contract, and the
working days remaining under contract. The Contractor will
be allowed ten (10) days in which to protest the correctness
of the statement. This protest shall be in writing, and
shall show cause. Not filing a protest within the allowed
ten (10) days for any statement will indicate the
Contractor's approval of the time charges as shown on that
time statement and future consideration of that statement
will not be permitted. If the satisfactory completion of the
contract shall require unforseen work or work and materials
in greater amounts than these set forth in the contract, then
additional working days or suspension of time charge will be
allowed the Contractor equal to the time which, in the
opinion of the Engineer, the work as a whole is delayed.
If the Contractor fails to complete the contract in the
working days specified, the stated liquidated damages will be
charged for each working day thereafter.
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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
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