HomeMy WebLinkAboutResolution - 4363 - Contract - Row-Wall Electric Company - Maxey Ballfield Lighting - 01_27_1994Resolution No. 4363
January 27, 1994
Item #10
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 and all related documents by and between the City of
Lubbock and Row -Wall Electric Company of Lubbock to furnish and Install all materials as bid for the
Maxey Ballfield Lighting for the City of Lubbock, which contract Is attached hereto, 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 27th day of
ATTEST:
etty M. ,lohnson, Chy Secretary
APPROVED AS TO CONTENT:
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Victor Kilman, urchasing Manager
APPROVED AS TO FORM:
Ddriald G. Vandiver, First
Assistant City Attorney
DGV:dp\G:\ccdocs\Raw-Wa11.Res
January 5, 1994
January 1994
CITY OF LUBBOM
SPECIFICATIONS FOR .
MAXEY BALLFIELD LIGHTING
BID #12785
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CITY OF LUBBOCK
Lubbock, Texas
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
MAILED TO VENDOR
OLD CLOSE DATE:
NEW CLOSE DATE:
BID #12785 - MAXEY BALLFIELD LIGHTING
7 ADDENDUM # 2
Please modify or amend Contract Documents as follows:
Office of
Purchasing
December 23,1993
December 30,1993 Qa 2 P.M.
January 3,1994 AT 1 P.M.
1. On the Plans, Note #19 should be added to read: On Pony League and Southwest Major
fields, Contractor shall provided 300 AMP, 120/240 volt single please underground
service, 3#350 MCM copper in 2 1/2" conduit. Install in control cabinet a 400 AMP
Main Lugs Only NEMA 1 panel board with 2-150 AMP/2 pole circuit breakers for
ballfield lighting circuits and one 60 AMP 2 pole circuit breaker for each concession
stand. Provide two 200 AMP, 2 pole lighting contactors for control ofballfield lighting
circuits.
2. On the three remaining fields, Contractor shall provided 250 AMP, 120/240 volt single
phase underground service, 3#250MCM copper wire in 2 1/2" conduit. Install in
control cabinet a 400 AMP Main Lugs Only NEMA 1 panel board with 2-100 AMP/2
pole circuit breakers for ballfield lighting circuits and one 60 AMP, 2 pole circuit
breaker for each concession stand Provide two 100 AMP, 2 pole lighting contactors for
control of ballfield lighting circuits.
3. On the Plans, Note #20 should be added to read: Contractor may place new lighting
control box at a location other than that shown on plan. Where possible, control box
should not be located in heavily traffic area between the backs of the dugouts and
concession stand/press box
4. On the Plans, Note #21 should be added to read: Any electrical sarvice to park and
ballfield amenities that is disconnected by the removal of existing light poles shall be
reconnected by Contractor to match existing service. This service shall be buried and in
conduit. Contractor shall submit a plan showing location of buried wiring to owner
r" before final payment can be issued
5. On the Plans, Note #22 should be added to read: Contractor shall remove all existing
r poles which currently have ballfield light fixtures attached to them except for those that
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serve primary electric service to the area. Contractor shall only remove the existing
light fixtures in this case. Any wire netting attached to poles to be removed shall also be
removed by Contractor.
6. On the Plans, Note #18 should be changed to read: Contractor shall remove all existing
lighting poles from the ground so that they are completely removed or cut off 12" below
finished grade except for the poles on Southwestern Pee Wee field, which shall only be
pulled from the ground.
7. Contractor shall carefully lay existing poles on the ground at their existing locations so
that existing fixtures are not damaged.
8. On the Plans, Note #23 should be added to read: Owners will remove and reinstall
existing public address system
9. In the specifications, Section 05, #1, the last sentence should be changed to read: The
power supply to the main service entrance panel board shall be provided by the
Contractor.
10. In the specifications, Section 03, 4.6B, the following should be added: Seven year
warranty shall not be required on the lamp bulb.
` 11. In the specifications, Section 05, #2, the first sentence should be changed to read that:
Main Entrance circuit breaker panel board shall be a circuit breaker panel board with a
NEMA 1 enclosure.
12. On the Plans, Note #24 should be added to read: Areas of existing; concrete damaged by
this project shall be cut out with straight edges and replaced to match existing concrete.
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13. In the Specifications, Section 04, 1.2 B, the statement "Or an approved equal" shall
r.o follow the existing specifications.
14. In the Specifications, Section 04, 3.2A, should read: Contractor shall install poles and
baclfill around poles in accordance to manufacturers recommendations.
15. Please submit your bid on the revised bid proposal form enclosed under cover of this
addendum.
16. Please note that the bid closing date has been changed from Deceir ber 30, 1993 @ 2 PM
to January 3.1994 A 1:00 PM
All requests for additional information or clarification concerning this bid should be submitted in writing
and directed to Laura Ritchie, Buyer.
THANK YOU,
Laura Ritchie
Buyer
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PLEASE RETURN ONE COPY WITH YOUR BID
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BID PROPOSAL
LUNG SUM PROPOSAL CONTRACT
PLACE:
DATE:
PROJECT NUMBER: #12785 - MAXEY BALLFIELD LIGHTING
Proposal of (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a
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having carefully examined the plans, specifications, instructions to bidders, notice to bidders and aU other related contract
documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the
7 proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents.
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BID ITEM 1: MAXEY PONY LEAGUE FIELD LIGHTING
MATERIALS:
($ )
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SERVICES:
($ )
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TOTAL BID rrEM 1:
(S )
BID ITEM 2: WESTERN PEE WEE FIELD LIGHTING:
` MATERIALS: (S )
FSERVICES: ($
TOTAL BID ITEM 2: (S )
BID ITEM 3: SOUTHWEST MAJORIMINOR FIELD LIGHTING:
r MATERIALS: (S )
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SERVICES: ($
r TOTAL BID ITEM 3: ($ )
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6 TOTAL MATERIALS: (S )
r TOTAL SERVICES: (S )
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TOTAL BASE BID (ITEMS 1, 2, & 3): (S )
ALTERNATE #1: SOUTHWESTERN PEE WEE FIELD LIGHTING
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MATERIALS: (S )
SERVICES: (S )
TOTAL BID ALTERNATE 1: ($ )
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
Proceed" of the Owner and to frilly complete the project within 75 consecutive calendar days thereafter as stipulated in the
specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of
$100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabc ve for
completion of this project, all as more fully set forth in the general conditions of the contract documents.
FBidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction
number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as
a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of
the contract to him.
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Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars ($) or a Proposal Bond in the sum of Dollars
which it is agreed shall be collected and retained by the Owner as liquidated damages in the evens the proposal is accepted by the
Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within
ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be
returned to the undersigned upon demand
Bidder understands and agrees that the contract to be exccated by Bidder shall be bound and include all contract documents
r made available to him for his inspection in accordance with the Notice to Bidders.
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Contractor
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ATTEST:
Secretary
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LIST OF SUBCONTRACTORS
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Minority Owned
Yes No
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
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e06-767-2167
MAILED TO VENDOR
CLOSE DATE:
BID #12785 - MAXEY BALLFIELD LIGHTING
ADDENDUM # 1
Please modify or amend Contract Documents as follows:
Office of
Purchasing
December 14,1993
December 30,1993 AT 2 P.NL
1. , Enclosed are the plans for the above referenced project.
All -requests for additional information or clarification concerning this bid should be submitted in writing
and directed to Laura Ritchie, Buyer.
THANK YOU,
Aw-a-ectc/'.'
Laura Ritchie
Buyer
PLEASE RETURN ONE COPY WITH YOUR BID
CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: MAXEY BALLFIELD LIGHTING
ADDRESS: 30TH STREET AND NASHVILLE AVE., LUBBOCK, TEXAS
BID NUMBER 12785
PROJECT NUMBER 1421-553107-9909
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
4. PAYMENT BOND
5. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
S. GENERAL CONDITIONS OF THE AGREEMENT
9. CURRENT WAGE DETERMINATIONS
10. SPECIFICATIONS
11. SPECIAL CONDITIONS
12. NOTICE OF ACCEPTANCE
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID #12785
Sealed bids addressed to Laura Ritchie, Buyer, City of Lubbock, Texas, will be received at the office of the
Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock a.m.
on the 30th day of December,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 describes project:
MAXEY BALLFIELD LIGHTING
After the expiration of the time and date above first written, said sealed bids 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 13th day of January, 1994, at the Municipal
Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the
right to reject any or all bids and waive any formalities. The successful bidder will be required to 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 Bestof B or superior, as the raring of the bond company
is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or
certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety
company, payable without recourse to the order of the City of Lubbock in an amount not less 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 Ann. Civil St., and the requirements contained therein concerning the above wage scale
and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage
scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or
national origin in consideration for an award
There will be a pre -bid conference on 22nd day of December,1993, at 10:00 o'clock a.m., Purchasing
Conference Room L04, Municipal Building, 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid
meetings and bid openings are available to all persons regardless of disability. If you would like bid information
made available in a more accessible format or if you require assistance, please contact the Purchasing Department
at (806) 767-2167 (Monday Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance
of the meeting.
CITY OF LUBBOCK
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ADVERTISEMENT FOR BIDS
BID # 12785
Sealed bids addressed to Laura Ritchie, 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 30th day of December,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:
MAXEY BALLFIELD LIGHTING
After the expiration of the time and date above first written, said sealed proposals will be opened
in the office of the Buyer 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 the 22nd day of December, 1993, at 10:00 a.m., at
Purchasing Conference Room L04, 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock
pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like
bid information made available in a more accessible format or if you require assistance, please contact the
Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room
L-04 at least 48 hours in advance of the meeting.
C�Il��a�li�3a:�
Laura Ritchie
BUYER
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GENERAL INSTRUCTIONS TO BIDDERS
10,
GENERAL INSTRUCTIONS TO BIDDERS
SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to.complete this
project in accordance with contract documents for the 1MAXEY BALLFIELD LIGHTING.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the
contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
4. THAE AND ORDER FOR COMPLETION
` The construction covered by the contract documents shall be fully completed within 75 (s menty-five) calendar days from
the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
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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.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an
affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by
the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been
notified.
7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor
of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the
project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full
responsibility of complying with this provision. The specifications for materials and methods set forth in the contract
documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.
GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which
shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature
whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work
as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
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.
II. 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.
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to
exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground
structures which might or could be damaged by Contractor during the construction of the project contemplated by these
contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work
contemplated by this contract.shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take
such other precautionary measures for the protection of persons, property and the work as 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
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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 unless written permission to do so is obtained by the Contractor from the City.
In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for
all damage which may occur as a direct or'indirect result of the blasting. In addition, in all cases where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be
the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the
site of the work of Contractor's intention to use explosives, and such notice shall be given. sufficiently in advance to enable
the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however,
shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the work is in
progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number
where such local representative may be reached during the time that the work contemplated by this contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particular project shall be subcontracted.
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
I 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
aft 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
Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder
without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in
and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or
furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of
discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If
the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is
submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal
signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a
company or corporation, the company or corporate name and business address must be given, and the proposal signed by an,
official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly
certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the
outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal
{ may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
i (h) Specifications.
(i) Insurance Certificates.
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.
r
LL-
7
r
7
BID PROPOSAL
LUMP SUM PROPOSAL CONTRACT
PLACE:
DATE: 1 - �; " ci f -
PROJECT NUMBER: #12785 - MAXEY BALLFIELD LIGHTING
Proposal of f D 1) W q 1 / E / ec, C— (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the
proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, 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.
BID ITEM 1: MANY PONY LEAGUE FIELD LIGHTING
MATERIALS:
(s 3,351
SERVICES:
(s 1 C) �56 o )
TOTAL BID ITEM 1:
(s 5 i 9 1 )
r- BID ITEM Z: WESTERN PEE WEE FIELD LIGHTING:
MATERIALS:
(s �5 •� 6 )
SERVICES:
(s I z
TOTAL BID ITEM 2:
(s 3 T 7 )
BID rI`EM 3: SOUTHWEST MAJOR/MINOR FIELD LIGHTING:
MATERIALS:
(s S 4�1
SERVICES:
(s .�� ? 3 )
TOTAL BID ITEM 3:
(s / ► )
7
r
r"
TOTAL MATERIALS:
TOTAL SERVICES: 3
TOTAL BASE BID (ITEMS 1, 2, & 3): (s635 9,S)
ALTERNATE 01: SOUTHWESTERN PEE WEE FIELD LIGHTING
MATERIALS: ($
SERVICES: (s Z.
TOTAL BID ALTERNATE 1: (s T g ' )
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
Proceed" of the Owner and to fully complete the project within 75 consecutive calendar days thereafter as stipulated in the
specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of
S100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for
r' completion of this project, all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction
number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
r- 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 five percent (5% ) of the total amount of the bid submitted as
a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of
the contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars ($ ) or a Proposal Bond in the sum of Dollars
which it is agreed shall be collected and retained by the Owner as Eq dated damages in the event the proposal is accepted by the
Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within
ten (10) days after the date of receipt of written notification of acceptance of said proposal; otiuerwise, 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.
kow (jJ�'t,-G'C �e C- �01C
Contractor
BY:
(Seat if Bidder is a Corporation)
ATTEST:
Secretary
7
LIST OF SUBCONTRACTORS
This form shall be completed and submitted with the Bidder's Proposal•
Minority Owned
Yes No
2. TAAI-YN-Ir-GL
3.
4.
S.
6.
7.
8.
9. i
10.
WASHING ON
LN-rcl-.tiATIONAL LN7SLVANX7z cxx�u'�.titi
BID OR PROPOSAL BOND
KNOW ALL NIEN BY TFz..SE FArSMM:
That We. ROW -WALL ELECTRIC, INC.
(bervL-after celled the cd WAS1�-NG ON LTER.VATIONAL INSUELVCr CO. , e e.-porcon ocs_ -
ixed ad dcfr.g business under and by virtue of the 1cw% of the Ste:e of 2RIZONA , =d :::y Iicerset for the purpose of
_� �, gz�atering cs.bec--_ieq sole mraty.up..a bonds cc u:=e:tcii: gs :&q=eO or cat.':e-=r by.Lhe. lcArs_ef tl:e_Stae oLTEXAS
as Surety, are held =:d 5r...1y beu:d uatc CITY OF LUBBOCK (erei==Eter ca d the Obligee;
t
in t.hs just cad it:a stun of FIVE PERCENT OF THE GREATEST AMOUNT BID------------------------
Doa= (5------ 5I--------- I -lawful xctey of the United States of Ar«eri !or the rry=ent cf wEEch, well =d truly to be
tZce, we hereby bird ourselves emd cur and each of our rar--e— s cd cssigrs. jci»tly ed seve:_."y, 's.-- ly by these prese nts-
r
` Tla CONDITION OF THIS OBLIGATION IS SUCH r- AT. WEMERLU. the e:ove bounden ,::rrp^'r On ccrescd, is a=cul' to hand
in c _d submft to the eblfgee a bid or proposal for the
MAXEY BALLFIELD LIGHTING
PROJECT #12785
t�
to e==rdace with the plans =d specifications Bled in the office of the obligee and under the rcdce inviting Fsepesds therefor.
NOW. Ti:t'-3cFOEZ if the -bid ar proposal of said principal shall be accepted. c•.d the contra. for such work be awt=-ded to tha
thereupon by the said obligee, amd said pn=;c i shall enter fntc c coats= had bona for the c=pletfaa of said work = required
by Taw. than this ebligatfon to be null and void. otherwise to be =d re=cim fn full force and effect
t
r IN WITNESS WHEREOF, said Priacpai and said Surety here c: t:sed these presents to be duly signed end sacred this 30TH
day of DECEMBER , IS 93
ROW -WALL ELECTRIC, INC.
4pry A Azu�
c
WASEINMON ZIUM�1ATIONAL MISURAN= COi•�ANY
BY
HILL Atma�r-m-Fmcs
rGlnefat
4
s
c
WASHINGTON INTERNATIONAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL IEN BY THESE PRESENTS: That the Washington International Insurance Company,a corporation organized and
existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg,
Illinois, does hereby constitute and appoint
a "WARO.COWA" KEVIN DUNK AND KARLA HILL • -
its true and lawfut attonney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, arty and all
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,
-which are on =y be aitowed, requireC, or permitted by law, statute, rule, regulation, contract or otherwise, and
the execution of such instruments) in pursuance of these presents, shall be as binding upon the said Washington
International Insurance Cooparny as fully and amply, to all intents and purposes, as if the same has been duly
executed and acknowledged by its President at its principal office.
This Power of Attorney shall be limited in amount to 52,000,000.00 for any single obligation.
This Power of Attorney is issued pursuant to authority granted by the resoluticim of the Board of Directors adopted
March 22, 1978, duty 3, 1980 and October 21, 1986 which read, in part, as fotlows:
1. The President may designate Attorneys -in -Fact, and authorize them to execute on behalf of the Company, and
attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other
writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to
certify to copies of any power -of -attorney issued in pursuant to this section "for any of the By -Laws of the
Company, and to remove, at any time, any such Attorney -in -fact or Special Attorney -in -Fact and revoke the authority
giver: hiaa.a
2. The sfgsstures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer
and -secretary, and the corporate seat of the Company, may be affixed to any Power of Attorney, certificate, bond or
undertaking relating thereto, by facsimile. Any such Parer of Attorney, certificate bond or undertaking bearing
such facsfu to signature or facsimile seal affixed in the ordinary course of business shall be valid and binding
upon the camqatty.
IN TESTIMONY WHERE Washington International Insurance Company has caused this instrument to be signed and its
corporates `+aw,g4•.O�c�eits authorized offi r, this th day of November, 1992.
,. a! �Q`�••• •., J'G�+ WA ON IN TZONAL INSURANCE COKPAKY
GOAr
RPRATE ' S
fO: S EA L I A t Stev .P: erson, Vice President
f "'" ; • n o
STATE OF I� f2. RA •.' OS
CCUM OF4 S' •.c.s•• �' c
On this 18th day va�mber, 1992, before me came the individual who executed the preceding instrument, to me
f persautly known, and, being by me duly sworn, said that he is the therein described and authorized officer of the
Washington International Insurance Company; that the seat affixed to said instrument is the Corporate Seat of said
Can y;
IN TESTIMONT WHEREOF, I have hereunto set my hand and affixed cry Official Seat, the day and year first above
written.
"OFFICIAL SEAL"
S CMJMTINE ZARETSKY S i
Notary F65t, State of linois S iStine 2aretsky, Notary Punic.
My Commission Expires October 7,-1996
Mr COMM-13:oa Expaes 10-7.96 S
.P""001 -RlTPSZATE
STATE OF ILLINOIS )
=NTT OF COOK )
1, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an AR120NA Corporation, DO HEREBY
CERTIFY that the foregoing and attached POst'eR OF ATTORNEY remains in full force and has not been revoked, and
furthermore that Article III, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of
Directors, set fortn in the Power of Attorney, are now in force.
Signed and sealed in the County of Cook. Dated _30T
11kisy,of DECEMBER, 19 93 .
Lewis K. Koelier, Secretary
No Text
BOND NO. S-300-8454
WASHINGTON INTERNATIONAL INSURANCE COMPANY
1930 THOREAU DRIVE, SUITE 101, SCHAUMBURG, ILLINOIS 60173
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 71st LEGISLATURE, REGULAR SESSION, 1989
(MCGREGOR ACT - PUBLIC WORKS)
(Penalty of this Bond must be 100t of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That ROW -WALL ELECTRIC, INC.
(hereinafter called the Principal), as Principal, and
WASHINGTON INTERNATIONAL INSURANCE COMPANY
(hereinafter called the Surety), as Surety, are held and firmly bound unto
CITY OF LUBBOCK
(hereinafter called the Obligee), in the amount of ONE HUNDRED NINETY-EIGHT THOUSAND FIVE
HUNDRED SEVENTY TWO AND N0/100------------------------------- DOLLARS ($198,572.00 )
for the payment whereof the said Principal and Surety bind themselves and their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee,
dated the 27TH day of JANUARY , 19 94 , to BID #12785 - MAXEY BALLFIELD
LIGHTING
which contract is hereby referred to and
made a part hereof as fully and to the same extent as if copied at length herein.
:7,
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 subcontract 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.
r
r
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 71st Legislature,
Regular Session, 1989, and all liabilities on this bond shall be determined in accordance
with the provisions of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this 27TH day of JANUARY , 19 94 .
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATF,70/91/ Ay
By:
(Principal)
(Surety)
COMPANY
Attorney -in -Fact
n
l
7 General
WASHINGTON INTERNATIONAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company,a corporation organized and
existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg,
Illinois, does hereby constitute and appoint
• ' HOWARD COWAN, KEVIN DUNN AND MARLA HILL
its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,
which are e- _.-y be aiZowed, rewired, or permitted by law, statute, rule, .regulation, contract or otherwise, and
the execution of such irkstrunent(s) in pursuance of these presents, shall be as binding upon the said Washington
International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly
executed and acknowledged by its President at its principal office.
k This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation.
This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted
!larch 22. 197B, July 3, 1960 and October 21, 1986 which read, in part, as follows:
1. The President may designate Attorneys -in -Fact, and authorize them to execute on behalf of the Comparmy, and
attach the Seal of the Ceapary thereto, bonds, and undertakings, recognizances, contracts of indemnity and other
writings obligatory in the nature thereof, and to appoint Special Attorneys- in - Fact, who are hereby authorized to
r certify to copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the
Company, and to remove, at any time, any such Attorney in -Fact or Special Attorney -in -Fact and revoke the authority
given him."
2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer
and Secretary. and time corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or
undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing
such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding
:upon the conpany.
f^' IN TESTIMONY WHEREOWashington International Insurance Company has caused this instrument to be signed and its
corporate seat 4,4 its authorized offi r, this th day of November, 1992.
i olt%t
••••••♦/`, ON I ATIONAL INSURANCE COMPANY
vdw � •
z TO
Cs : SEAL : m 0 st , P. rson, Vice President
AT
STATE OF I� I•5. g0UA ••' 10i
COUNTY OF �� d
"i
On this 18th day o �'dv-mber, 1992, before me came the individual who executed the preceding instrument, to me
personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the
Washington Intertsaticnat Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said
Company;
IN TESTIMONT WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above
wri.tten.
'OFFICIAL SEAL'
S CNRISTINE ZARETSKY rWu�b4�
Notary Fabric, State of Illinois t Corms Zaretspi Notary er 7,—:
i My Commission Expires toter 7,-�1996
MY Comm'st:ah Wires 10-7.96 S
STATE OF ILLINOIS )
COUNTY OF COOK )
l 1, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARI20NA Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and
furthermore that Article III, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of
Directors, set forth in the Power of Attorney, are now in force.
Signed and sealed in the County of Cook. Dated t' 27TH�of ' / Y , 19 94
t(�/�,<. l lux
Lewis M. Moeller, Secretary
l;
L- L�' L' L-_- L-v: t_____ L.__, L-' L__ (_._._. C, L<_: In-- L-, L-: L__..: L_s- t__ , L__
BOND NO. S-300-8454
WASHINGTON INTERNATIONAL INSURANCE COMPANY.
.1930 THOREAU DRIVE, SUITE 101, SCHAMOURG, ILLINOIS 60173
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 710
t LEGISLATURE, REGULAR SESSION, 1989GR (MCEGOR ACT - PUBLIC WORKS)
(Penalty of this Bond must be 100V of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That ROW -WALL ELECTRIC, INC.
i (hereinafter called the Principal), as Principal, and
WASHINGTON INTERNATIONAL INSURANCE COMPANY
(hereinafter called the Surety), as Surety, are held and firmly bound unto
~ CITY OF LUBBOCK
.r.
(hereinafter called the Obligee), in the amount of ONE HUNDRED NINETY-EIGHT THOUSAND FIVE
HUNDRED SEVENTY TWO AND N0/100------------------------------- DOLLARS ($ 198,572.00
for the payment whereof the said Principal and Surety bind themselves and their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee,
dated the 27TH day of JANUARY , 19 94 to BID #12785 - MAXEY BALLFIELD
r LIGHTING
` which contract is hereby referred to and
made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work in accordance with the plan, specifications and contract
documents, then this obligation shall be void, otherwise to remain in full force and effect.
r
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 71st Legislature,
Regular Session, 1989, and all liabilities on this bond shall be determined in accordance
with the provisions of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this 27TH day of JANUARY , 19 94 .
ROW -WALL EL RIC, INC Principal)
rBy:
WASHINGTON INTERN INSURAN COMB 'ety)
Q /f •
By:
ND CHECK KEVIN DUNN Attorney -in -Fact
r" BEST RATING f
LICENSED IN TEXAS
r DATE By �-
1
CERTIFICATE OF INSURANCE
COMMERCIAL CERTIFICATE OF INSURANCE Issue Date (MMIDDIYY)
AGENCY
Name Joe Schoeni g Agency
& 7402 University Ave
Address Lubbock, Texas 79423
ST. 35 DIST. 77 AGENT 315
INSURED
Name Row Wall Electric Co. Inc.
& 1914 Clovis Road
Address P.O. Box 1914
Lubbock, Texas 79415
January 28, 1994
This certificate is issued as a matter of information only and confers no rights
upon the certificate holder. This certificate does not amend, extend or alter the
coverage afforded by the policies shown below.
COMPANIES PROVIDING COVERAGE:
COMPANY LETTER A TRUCK INSURANCE EXCHANGE
COMPANY
LETTER B FARMERS INSURANCE EXCHANGE
LETTER Y C MID-CENTURY INSURANCE COMPANY
COMPANY
LETTER D
C COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED
4
BY PAID CLAIMS.
E%.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDDNY)
POLICY EXPIRATION
DATE (MMIDONY)
POLICY LIMITS
A
GENERAL LIABILITY
7581 16 84
0 9- 01- 9 3
0 9- 01- 9 4
GENERAL
AGGREGATE
$2 , 0 0 0, 0 0 0.
I
X
COMMERCIAL GENERAL LIABILITY
PRODUCTS•COMPIOPS
— OCCURRENCE VERSION
AGGREGATE
$2 , 0 0 0 , 0 0 0 ,
CONTRACTUAL - INCIDENTAL ONLY
PERSONAL &
OWNERS & CONTRACTORS PROT.
ADVERTISING INJURY
$1 0 0 0 0 0 0 ,
EACH OCCURRENCE
, ,
$1 , 0 0 0, 0 0 0.
FIRE DAMAGE (Any one Fire)
$
MEDICAL EXPENSE
(Any one person)
$ 5,000.
A
AUTOMOBILE LIABILITY
7581 16 83
0 9- 01- 9 3
0 9- 01- 9 4
COMBINED
SINGLE LIMIT
$1 , 0 0 0, 0 0 0,
ALL OWNED COMMERCIAL AUTOS
BODILY INJURY
SCHEDULED AUTOS
(PER PERSON)
$
HIRED AUTOS
BODILY INJURY
NON -OWNED AUTOS
(PER ACCIDENT)
$
GARAGE LIABILITY
PROPERTY DAMAGE
$
GARAGE AGGREGATE
$
UMBRELLA LIABILITY
LIMIT
$
A
WORKERS' COMPENSATION
N 2 3 0 7 04 35
0 9- 01- 9 3
0 9- 01- 9 4
STATUTORY
AND
EACH ACCIDENT
$ 500,000.
DISEASE —EACH EMPLOYEE
$ 500,000.
EMPLOYERS' UABIUTY
DISEASE—POUCY LIMIT
$ 500,000.
DESCRIPTION OF OPERATIONSIVEHICLESIRESTRICTIONSISPECIAL ITEMS:
CERTIFICATE HOLDER CANCELLATION
Name y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
C i t o f Lubbock Project: THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
& Purchasing Dept. Maxey Park NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
Address 1625 13 t h Street Relighting ANY KIND UPON THE COMPANY, ITS AGENTS Oil REPRESENTATIVES.
' Lubbock, Texas 79401 '
- � cl� - ��
AUTHORIZED REPRESS THE
56-2492 10-92 11001
F
IMPORTANT NOTICE
To obtain information or make a complaint:
You- may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512)475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you
should contact the agent or the company first. If the dispute is not
resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or
condition of the attached document.
L-L L.--- LL-� I-
i
t..
k
r
I
P
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 27th day of January 1994, by and between the City of Lubbock, County
of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to
as OWNER, and ROW WALL ELECTRIC, INC. of the City of Lubbock County of Imbbock. and the State of Tezas, hereinafter
termed CONTRACTOR
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #12785 - MAXEY BALI,FIELD LIGHTING FOR $198,572.00
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.
APPROVED AS TOFORM:
ATTEST:
this agreement in Lubbock, Lubbock County, Texas in the
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CONTRACTOR
ROW W ELECTRI
By:
TITLE:
COMPLETE ADDRESS:
Box 1914
Lubbock, TX 79408
Corporate Secretary
GENERAL COMMONS OF THE AGREEMENT
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GENERAL CONDITIONS OF THE AGREEMENT
Whenever the word Owner, or the expression Party of the First Part, or First Party, are us:d in this contract, it shall be
understood as referring to the City of Lubbock, Texas.
CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: ROW WALL ELECTRIC. INC. who has agreed to
perform the work embraced in this contract, or to his or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
RUSSELL HOWARD, LANDSCAPE ARCHITECT. 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.
CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if
any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Reg sired," "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 Owners Representative.
SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any
Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents,
but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known,
technical or trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout
of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not _
relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he
shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and
to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to
make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the
work contemplated by these contract documents or the completion of the work contemplated by these contract documents.
Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra 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'sexpense.
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F14. 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 may file with
said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action
may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's
Representative as rendered shall be promptly carried out, and any 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 Owner's
Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
risk in connection therewith shall be borne by the Contractor.
` The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
rsubcontractors, or any of his agents or employees, or any other persons performing any of the work.
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17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of this contract, 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 Owner or Owner's Representative, be uncovered for
observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by
the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests,
inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the
requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the
�., Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's
Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve
the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part 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 Mond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed with If they inCrease the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and at the unit price established for such work under this contract; otherwise such additional work shall be
paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any
work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for
any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
r as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as
provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor
to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to
the Contractor for performing.said extra work shall be determined by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then
the Contractor shall be paid the actual field cost of the work, plus fifteen (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 (151/o) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to
the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and
other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all
appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by
Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract
documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no
such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work
in accordance with these plans and specifications. It is further understood that any request for clarification must be
submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.
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27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance
r' company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation
i laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and
others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building
and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible
with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend,
indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons
or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the
execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to
pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the
Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract,'insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried
with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection
with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limit., of $500,000 Combined Single
Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement
doing so is to be attached to the Certificate of Insurance.
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B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City
of Lubbock as insured and the amount of such policy shall be as follows:
For bodily injuries, including accidental death and or property damage, $500,000 Combined Single Limit.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
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Bodily Injury/Property Damage, $500,000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of (100% of potential loss) naming the
City of Lubbock as insured.
Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of $500,000 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.
Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000
Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such
certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at the
address shown in the bid specifications.
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(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and priviliges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALNMN, 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 all such loss when a particular design, device, material or process or the product of a particular manufacturer
or manufacturers is specified or required in these contract documents by Owner, provided, however, if choice of alternate
design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless
from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
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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.
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. TWE 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 farther 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 S100.00 (One
Hundred) 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.
F` 36. EXTENSION OF THE
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
P Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for
` an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an
extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then submit such written request to
a the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City
Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
1 38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless otherwise specifically provided.In the event this contract is let
on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other
contract documents are intended to show clearly all work to be done and material to be finnished hereunder. Where the
estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract,
they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their
proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to
be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the
project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered,
�' which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any
damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the
Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing
out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
a existence or character of the work.
40. PRICE FOR WORK
In consideration of the famishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto,
which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all
materials and all labor required for the aforesaid work, also, for all expenses incurred by hum and for well and truly
1,
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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 some unexpected and some unusual delay occurs due to no fault or negligence on the part of the
Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion
of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been
completed or. substantially completed, the Owner's Representative and the Owner shall inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance with the contract documents, the
Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the
duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor.
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
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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
r faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
1J 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.
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47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of.
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48. T1ME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any
directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to
such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute.
The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third
chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the
District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party
demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the
decision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter
within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply
the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex
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
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a
general circulation in the County of location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to
the Owner under the new contract as compared to what would have been the cost under this contract, such increase
shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that which would have been the cost to complete the work
under this contract, the Contractor or his Surety shall be credited therewith
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of
completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized
statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and
1�
delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the
balance due as reflected by said statement within 30 days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
51. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or mTuse 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
s•+ 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
y shown by said final statement as due the Contractor, under the terms of this Agreement.
52. BONDS
pr^ The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160,
Vemon's Annotated Civil Statutes in the amount of 1001/6 of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to
do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so
furnished.
53. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
54. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circumstance and the prosecution. of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
55. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct,
supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The
fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and
to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative
hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent
contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other
person, firm, or corporation.
56. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may
remove the debris and charge the cost to the Contractor.
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CURRENT WAGE DETERMINATIONS
Resolution #2502
` January 8, 1987
• Agenda Item #18
DGV:da
Qccni itrsnti
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
.contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction Trades
' Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit 0: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January , 1987.
RanettLkBoyd, City Secretary
APPROVED T,, NTENT:
Bi 1 P yne, Dilrector of Building
Services
.w
t
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
�Idandiver, First
Assistant City Attorney
r�'
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper .
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator
Heavy
Light
Floor Installer
Glazier
Insulator, Piping/Boiler
Insulator -Helper
Iron Worker
Laborer, General
Mortar Mixer
Painter
Plumber
-Plumber-Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder - Certified
Hourly Rate
$11.60
8.35
5.50
10.50
5.00
11.00
5.50
7.35
8.70
10.50
5.25
8.00
5.70
8.00
7.50
9.50
5.00
7.30
4.75
5.60
8.75
9.25
6.00
7.65
4.75
8.75
5.50
8.00
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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 Q
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours perweek) 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.
SPECIFICATIONS
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SECTION 1 SUMMARY OF WORK
MAXEY BALL FIELD LIGHTING - MAXEY PARK (30th St. &
Nashville Ave.)
1. General
1.1 Scope of Project
A. The purpose of these plans and specifications
is to define the performance and design
standards for the installation of Baseball
Field lighting at Maxey Baseball Fields at
Maxey Park (30th Street and Nashville Avenue,
Lubbock, Texas). Contractor shEL11 supply all
supervision, perform all work, and furnish
all labor, equipment, and incidentals
necessary for the erection and construction
of the lighting, poles, and electrical system
as specified and/or implied by these plans
and specifications.
1.2 Work Included
A. Section 02 - Product Substitution
B. Section 03 - Lighting
C. Section 04 - Steel Poles
D. Section 05 - Electrical
1.3 Additional Information
A. All information under General Instructions To
Bidder, General Conditions of Agreement, and
Special Conditions apply to this section.
B. These plans and specifications were prepared
by the Parks and Recreation Department (which
shall be called Owner). Contractor shall set
all construction stakes for locations of
elements at project site. Owner shall have 48
hours to approve or adjust staking before
construction is begun. Construction shall
not begin until staking is approved by Owner.
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2. Quality Assurance
2.1 Contractor shall take all precautions necessary to
protect all existing trees, shrubbery, sidewalks,
buildings, vehicles, utilities, etc., in the area
where the work is being done. The Contractor
shall rebuild, restore, and make good at his own
expense, all injury and damage to same which may
result from work being carried out under this
contract.
2.2 The Contractor shall take all necessary
precautions to assure the safety of the park
visitors during the construction and clean-up
operations. The Contractor shall maintain and
keep in good repair the work intended under these
Plans and Specifications and shall perform all
necessary repair, construction, and renewal to the
date of acceptance by Owner.
2.3 Any utilities and irrigation lines shown on plans
are for information only and are not guaranteed by
the Owner to be accurate as to location and depth.
The Contractor's attention is directed to the fact
that other underground utility lines may exist
that Owner is not aware of. It is the
Contractor's obligation to locate and familiarize
himself with all utilities and to provide for
their safety. Damage to utilities will be
repaired at Contractor's Expense.
End - of - Section
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SECTION 02_ PRODUCT SUBSTITUTION
f r
MAXEY BALL FIELD LIGHTING-MAXEY PARK (30th St. &
Nashville Ave.)
Substitutions
1. Conditions for substitutions ("OR EQUAL")
A. In the event that the clause "OR EQUAL" is used in the
specifications pertaining to materials, the Bidder
desiring to make substitutions for specified equipment
shall submit the following:
1. Product identification, including manufacturer's
name, address, and product literature.
2. Product description.
3. Product performance and test date.
4. Reference standards.
B. Request for substitution should be included with overall
bid and will be considered before contract is awarded.
C. After contract is awarded, no substitutions
will be considered. It will be the
Bidder's/Contractor's responsibility to insure the
availability of specified product or substitution
before bid date.
D. Bidder shall provide the same guarantee for substitution
as for product or method specified.
E. Bidder shall coordinate installation of accepted
substitution into work, making such changes as may be
4' required for work to be complete in all aspects.
(' F. Bidder shall waive all claims for additional costs
11 related to substitution which consequently becomes
apparent.
G. Bidder shall be prepared to send owner a price breakdown
of any and/or all items he has bid on. Price
breakdowns will only be requested after the bid
opening has taken place.
2 Substitutions will not be considered if:
A. They are indicated or implied on shop drawings or
project data submittals without being formally
described as to their differences from what was
originally specified.
B. Acceptance will require substantial revision of the
original design intent.
End - of - Section
SECTION 03 LIGHTING
MAXEY BALL FIELD LIGHTING - MAXEY PARK (30th St. &
Nashville Ave.)
1. Lighting Performance
1.1 Footcandle Level
A. The performance criteria for these playing
fields require lighting equipment which will
provide average light levels of 50
footcandles infield and 30 footcandles
outfield maintained with normal lamp
replacement and reflector cleaning. A
maintenance factor of .8 is to be used in
determining the initial light value after
adjustment for a tilt factor. The light
levels are stated in the numeric values to be
obtained during the initial hours of the
operation of the lighting system. Bidders
shall supply computer generated point by
point lights scans based on 155,000 lumens
per lamp showing both initial and maintained
footcandle levels.
B. The footcandle level shall have a uniformity
ratio of maximum to minimum of not greater
than 2:1 infield and 3:1 outfield.
1.2 Spill/Glare Light Control - Designated Areas
A. At 200' Distance: Light levels shall not
exceed the designated maximum footcandles or
average footcandles shown below. These levels
shall be shown as initial footcandles and
shall be measured at a distance of 200 feet
from the boundary of the ball field in any
direction.
200' From
Field Boundary
Max Footcandles
Average Foot-
candles
ft
Horizontal
Footcandles
1 0.3
0.12
Footcandles
with meter aimed
toward brightest
light bank
1.7
0.9
F 1�
B. At 500' Distance: Light levels.shall not
exceed the designated maximum footcandles or
average footcandles shown below. These levels
shall be shown as initial footcandles and
shall be measured at a distance of 500 feet
from the boundary of the ball field in any
direction.
500' From
Field Boundary
Max Footcandles
Average Foot-
candles
Horizontal
Footcandles
0.03
0.01
2. Energy Consumption Performance
Footcandles with
meter aimed to-
ward brightest
light bank
0.33
0.2
2.1 The manufacturer shall guarantee that the maximum
kilowatt consumption shall not exceed 32 kw to
meet the maintained footcandle levels and spill
control requirements as specified.
3. Inspection and Verification
3.1 Field Test and Measure Procedures
A. All testing will be done with each field
illuminated individually.
B. Infield Area Test Stations - Test stations
for infield measurements of'horizontal
illumination levels shall cover an area of 80
feet by 80 feet and consist of 25 locations
on an equally spaced 20 feet by 20 feet grid
(commencing,10 feet outside each baseline).
C. Outfield Area Test Stations - Test stations
for outfield measurements of horizontal
- illumination levels shall cover the entire
outfield area to the fence. Test stations
shall be on a 20 feet by 20 feet grid and
consist of 33 locations.
D. Horizontal Footcandle Readings - The test
cell shall be positioned 36 inches above the
playing surface for all field footcandle
readings.
3.2 Off -Site testing and Measurement Procedures
A. Ambient Light Levels - Ambient light (light
outside the playing area generated by sources
other than ballfield lighting such as moon
light or street lighting) levels shall be
measured at the designated test stations as
specified in 1.2.A. Technician is to record
the maximum ambient footcandle levels in all
planes and horizontal footcandle levels for
each test station with playing field lights
off. Then with playing field lights on,
repeat the measuring procedure for spill
light and subtract the difference for each
test station.
B. Horizontal Footcandle Readings - The test
cell shall be positioned horizontally 36
inches above grade for all horizontal spill
light footcandle readings.
C. Any Plane Footcandle Readings - The test cell
shall be positioned in any plane for
,.. measurement of maximum footcandles as
specified in section 1.2.A.
3.3 Testing equipment for measurement of footcandle
levels shall be United Technology's Digital Model
161, a Gossen Panalux Electronic 2 or an approved
equal, and must show proof of calibration prior to
testing as required by manufacturer.
3.4 Final Approval
A. For final approval of the project, the
manufacturer shall provide a final report
from the test results that shall provide the
following items.
1. Identification of number and location of
the test stations.
` 4. Luminaire Assembly
4.1 General Description
A. The luminaire assembly shall consist of lamp,
lamp socket, reflector, lens, lamp cone,
4' reinforcing retaining ring, adjustable aiming
mounting device, steel crossarms, integral
wiring enclosed in rigid raceway, pole clamps
and shall be Light Structure System "Trade
Mark" as manufactured by Musco Sports -
Lighting, Inc. or an approved equal.
4.2 Items to be submitted for consideration of an
alternate Luminaire Assembly.
A. Failure to provide any of the following
information with the alternate submittal will
be grounds for rejection of the alternate.
Each item shall also be clearly lettered to
correspond with the following list. All
items shall be assembled in the order
indicated and secured or bound in a neat and
orderly fashion for easy use and reference.
Bidders requesting to use equipment other
than that specified shall submit ten (10)
days prior to bid opening the following:
1. Layout Drawing - overall lighting layout
design showing luminaire mounting
heights and pole locations.
2. Aiming Drawing - Light aiming point plan
showing focus points and reflector
types.
3. Luminaire Assembly Drawing - A drawing
of the luminaire assembly and its
interface to show the required poles.
The drawing shall show size, strength,
type of material, coating of all
components and hardware, and shall meet
the following specifications:
a. Structural Strength
The luminaire assembly as shown in
the manufacturer's submittal shall
be capable of withstanding forces
equal to 125 mph wind levels with a
1.3 gust factor as per ANSI-B
standards, without structural
damage or misalignment of the
luminaries on the assembly.
b. coatings
All component surfaces of the
completed assembly, except for the
reflector, hardware and fasteners,
shall be coated with hot dipped
galvanized ASTM A-123.
Reflector - The reflector shall be
of spun aluminum with alzak finish.
C. Reflector and Lama Supports
The reflector shall be fastened to
the lamp cone with a reinforcing
r
retaining ring containing an
acrylic compressed fiber ring which
centers and stabilizes the lamp in
the reflector and provides a heat
shield to protect the lamp socket
from heat.
d. Lens
A removable lens with silicone
gasket shall be attached to the
reflector and shall be impact and
thermal resistant glass. The lens
rim shall be stainless steel or
equal and shall be attached to the
reflector with hinged cable or
chain.
e. Aiminq
The manufacturer shall. provide a
mechanical positioning device for
each luminaire on the assembly
which device shall be set at the
factory by the manufacturer based
upon computer calculated aiming
information such that each assembly
is delivered to the job site as a
composite light source:. The device
shall provide for repositioning of
the aiming after relamping. The
manufacturer shall also supply
drawings showing the aiming point
locations of each liminaire.
4. Computer Models - Field Light Values
a. Manufacturer shall submit an
original (copies are unacceptable)
computer derived lighting scan
showing point by point horizontal
footcandle levels on the playing
surface, maximum to minimum ratio,
number of luminaries, initial lamp
lumens and average tilt factor per
Section 1.1.A.
b. Manufacturer is to submit with this
computer derived lighting scan
information on the number and type
of fixtures being used and kilowatt
consumption for the lighting
system.
5. Computer Models - Extended Scans
a. Manufacturer shall submit a
computer derived lighting scan with
spill"control showing the
following:
a) Point by point horizontal
footcandles.
b) Point by point maximum
footcandles as explored in any
plane.
Manufacturer is to submit these
scans on a 1380 foot by 1380 foot
area using an equally spaced 30
foot x 30 foot grid with the
facility located in the center of
the 1380 foot x 1380 foot area.
These scans shall reflect the spill
light readings as defined in
Section 1.2.A.
6. Equipment Model Numbers - Written
statement of model number and
manufacturer for all equipment bid.
Submit a packet of descriptive
literature on all equipment bid, as well
as drawings and specifications of the
luminaire assembly.
7. Luminaire Assembly Warranty - Written
warranty from the manufacturer covering
luminaire assembly and equipment
replacement policy.
8. Aiming Alignment Warranty - Written
warranty form the manufacturing company
headquarters covering the aiming
alignment of the luminaire assembly.
9. Wind Load Engineer's Certification -
certified engineer, independent of
manufacturer, shall verify and stamp
wind load test of luminaire assembly to
meet or exceed structural strength as
described in section 4.2.A.3.a..
10. U.L. Test Report - Bidder shall supply
for the owner's review, a copy of the
Underwriters Laboratory report covering
the luminaire assembly being bid.
11. Verification of Demonstrated Field
Technology - The manufacturer must
submit in writing documented proof
showing a minimum of five (5) such
similar lighting projects where the
specifications outlined above for spill
control, field illumination values, and
energy consumption have been met.
12. Manufacturer's Guarantee - The
manufacturer shall submit in writing a
letter guaranteeing compliance as to the
above specifications. Written
explanation shall be provided prior to
bidding as to specified criteria for
which non-compliance is anticipated and
an explanation as to why the criteria
should be waived.
4.3 Lamps
A. Lamps shall be 1500 watt metal halide and
shall met ANSI designation M48PC 1500 BU
and be Westinghouse ,#MH1500BU, or an approved
equal.
4.4 Ballast
A. There shall be an individual ballast for each
luminaire. The ballast shall be a lead peak
auto -regulating ballast. The remote ballast
system described above shall be located
approximately 101 above grade on the same
pole as the luminaire assembly in a NEMA Type
3R enclosure where the ballast and capacitors
shall operate in ambient air not to exceed 70
degrees C as established by U.L. Test
Standards. The assembly design shall be
adaptable to various standard ballast and
must retain U.L. listing.
4.5 Wiring and Over current Protection
A. All wiring on the luminaire assembly shall
meet National Electrical Code and shall pass
from each luminaire on the assembly through
protective enclosures to join in a common
enclosure. Each luminaire shall have
individual supplemental fuse protection
located in ballast boxes or in adjacent metal
enclosures. Fusing must be U.L. listed. In -
Line fusing will NOT be accepted.
7
4.6 Special Conditions
A. Codes - Luminaire assembly shall be U.L.
listed and meet National Electrical Code and
NEMA Publication FA-1. Pole clamps are not
U.L. listed.
B. Manufacturer's Warranty - Luminaire assembly
shall be warranted in writing by the
manufacturer for a period of seven (7) years
and shall be submitted with the bid. Any
parts that shall be found defective shall be
replaced free of any material or labor
charges to the customer.
C. Aiming Alignment Warranty - The alignment of
the luminaries shall be warranted by the
manufacturer against movement on the
luminaire assembly for a period of five years
from the date of installation. Labor charges
for re -aiming during the warranty period
shall be the responsibility of the
manufacturer.
D. Replacement Parts - The contractor shall —
furnish to the owner one extra lamp and six
extra fuses for future use.
END OF SECTION _
rSECTION 04 STEEL POLES
MAXEY BALL FIELD LIGHTING - MAXEY PARK (30th
St. & Nashville Ave.)
1. Structural Design
1.1 Wind Criteria
A. The poles and method of installation of base
shall be designed to withstand the
r,
overturning moment created by wind loads on
poles and luminaires assembly (EPA) at each
location. The entire structure, including
pole and luminaire assembly, shall withstand
forces equal to 90 m.p.h. wind level with a
1.3 gust factor without damage or
misalignment of the luminaire assembly as
defined by ANSI-B Standard. Pole strength
shall be calculated based upon AASHTO Pole
Structure Criteria. Foundation design shall
be based upon BROMS Standards using a safety
factor of three (3) (Alternate UBC). Poles
shall be set according to approved drawing
and shall be plumb within three feet of
location.
,.
1.2 Pole Specifications
A. Poles shall be all steel with a concrete base
and shall be designed to withstand forces
specified in the Structural Design section
above. Poles shall be equipped with
reinforced handhole containing equipment
grounding lug and cover plate approximately
12 inches above base. 1-1/2" couplings with
accompanying reinforced handholes and cover
plates shall be provided to service the
luminaires and disconnects. Fixture
manufacturer to determine quantity and
location of these items. Overall pole length
will be determined by required light levels
as listed in section 03 LIGHTING. Galvanized
elements (pole, crossarms,braces, boxes,
hubs, or any extension attached to the pole)
shall be hot -dipped meeting ASTM-123
standards.
B. Concrete Base Pole shall be formed with
!' concrete that obtains 9500 PSI strength and
contains pre -stressed steel cable that is
stressed to 28,910 lbs. (which shall be 70%
of the ultimate yield strength of the cable)
2. Soil Conditions
2.1 The design criteria for these specifications are
based on soil conditions with 200 PSF or greater
compression load. It shall be the contractor's
responsibility to notify the owner of soil
conditions other than the design criteria. The
owner shall then be responsible and absorb the
cost to provide:
A. Adequate pole bases for soil conditions less
than 200 PSF.
B. Excavation and removal of materials other
than normal soils, such as rock, caliche,
etc.
3. Installation
3.1. Lighting Protection
A. The contractor shall provide and install one
5/81' by 8' long copperweld ground rod at each —
pole base approximately three feet from the
pier in undisturbed earth at a minimum of 12
inches below grade. A 16 bare copper ground -
wire shall be extended from this ground rod
through the PVC raceway to approximately two
feet above the.foundation.
3.2 Backfill
A. The contractor shall use concrete to backfill
around the embedded pole base to assure the --
foundation design criteria.
END OF SECTION
r
f
L
7
SECTION Q,.�_ ELECTRICAL
MAXEY BALL FIELD LIGHTING-MAXEY PARK (30th St. &
Nashville Ave.)
1. SYSTEM DESIGN
The electrical wiring system shall consist of a
main entrance service panel board with underground
feeder or branch circuits to factory installed
safety disconnect breaker located in electrical
component enclosure mounted on each luminaire pole
(NEC 230-84). The systems shall be designed to
result in no greater than 3% voltage drop at any
luminaire. The system shall have overcurrent
protection for each service, feeder, branch
circuits and ballast. Each pole shall have a
grounding electrode connected to the system
circuit grounded conductor (NEC 250-24). A
neutral conductor connecting to the service system
ground shall be run from circuit breaker panel to
all electrical component enclosures and luminaire
assembly equipment. For ungrounded systems, a
grounding electrode shall be established at the
entrance and connect to equipment grounding
conductor which connects to the circuit breaker
panel, all electrical component enclosure and
luminaire assembly equipment. The power supply to
the main service entrance panel board shall be
provided by the utility company and the owner as
shown on the accompanying drawings.
2. SERVICE ENTRANCE
Main entrance circuit breaker panel board shall be
located as shown on the drawing and shall be a
circuit breaker panel board with NEMA 3R
enclosure. Circuit breakers shall be the bolt -on
type. Panel board shall have a minimum of two
feeder or branch circuits. Equipment shall be
Square "D" type I -Line, NEHB or NQO or approved
equal. Service underground conductors (laterals)
shall be installed in rigid galvanized steel
conduit or IMC from service entrance equipment and
extend to the bottom of the trench with 90 degree
elbows at its outer end. If raceway is not
continuous, open butt end shall be protected with
insulating type bushing.
3. UNDERGROUND FEEDER AND BRANCH CIRCUITS
3.1 FEEDER AND BRANCH CIRCUITS
Underground wiring for feeder circuits shall run
from the circuit breaker panel board to the safety
disconnect breaker mounted in the electrical
equipment enclosure on each luminaire pole.
3.2 RIGID CONDUIT
Rigid galvanized steel conduit or IMC shall be
installed at the service entrance to provide
raceway for feeder or branch circuits. The rigid
galvanized steel conduit shall connect to the
circuit breaker panel board and extend to the
bottom of the trench with a 90 degree elbow
connection at its outer end. All ends of a
raceway that are not continuous shall have open
butt ends protected with insulating type bushing
installed using non-metallic conduit.
3.3 PVC ELECTRICAL CONDUIT
Feeder or branch circuits shall be direct burial
PVC electrical conduit. Direct burial cable shall
not be acceptable.
3.4 DIRECT BURIAL CONDUIT
Underground conduit shall be non-metallic Carlon
PV-Duit PVC plastic conduit, type 40 Heavywall 90
C rated, or approved equal. Underground PVC
conduit shall be connected to the 90 degree rigid
galvanized steel elbows located at the bottom of
the trench where the feeder originates and runs to
and connects to the 90 degree rigid galvanized
steel elbows at each pole. Underground conduit
wiring conductors in PVC conduit shall be copper
building wire type THWN.
4. BRANCH CIRCUIT SAFETY DISCONNECT BREAKER
Each luminaire pole shall have an individual
safety disconnect breaker which shall be rated for
service entrance duty. Each disconnect breaker
shall be factory installed in a NEMA 3R electrical
component enclosure.
The required safety breakers shall be installed
approximately eight (8) feet above final grade.
I� I
r 5. ELECTRICAL EQUIPMENT ENCLOSURE ON POLES
t Nema 3R electrical equipment enclosure on each
pole containing disconnect breaker, panel and
�^ distribution terminal blocks shall be: provided by
manufacturer. (See section II for specifications
on equipment enclosure)
6. BRANCH CIRCUITS ON POLES
Branch circuits at each pole extending from the
safety disconnect breaker to fixture distribution
terminal blocks in each electrical equipment
enclosure shall be factory installed by
manufacturer and wired for single phase.
Contractor shall be responsible for changing the
phasing as required.
7. •OVERCURRENT PROTECTION
7.1 SERVICE ENTRANCE
Service entrance feeder or branch circuits shall
have properly sized overcurrent protection. -The
circuit breaker must be compatible with the
specified panels and shall be thermal magnetic
bolt -on type with a common trip handle for multi -
pole breakers. Exterior tie handles shall not be
acceptable. The AIC rating of overcurrent devices
shall equal or exceed the available fault circuit
at the main lug terminal. The circuit breakers
shall be Square I'D" FA, QO or EH bolt -on circuit
breaker or approved equal.
7.2 BRANCH CIRCUIT DISCONNECT BREAKER
Factory installed branch circuit disconnect
breakers shall be Square "D" FA or QO circuit
breaker or an approved equal.
7.3 BALLAST SUPPLEMENTAL FUSES
All luminaire fixture ballasts shall be
individually protected against overcurrent by
factory installed supplemental fuses. 480/277
volt ballast protection shall be Limitron Bussma
Fuse #KTK or approved equal 600 volt .rated. 120,
240, 208 volt ballast protection shall be Fusetron
Sussman Fuse #MDA or approved equal.
8. GROUNDING
Main entrance service and all luminaire assemblies and
poles shall meet the following requirements for
grounding:
8.1 GROUNDING AT SERVICE ENTRANCE
The service entrance circuit breaker panel board
shall have a 16 bare copper grounding electrode
conductor connected from the neutral bar to two
parallel 5/8 inch by 8 foot copperweld ground rods
buried a minimum of 12 inches below final grade
with a minimum six (6) foot separation between
rods. If ground rods cannot be instaled
vertically, they may be installed at no less than
a 45 degree angle from vertical or buried
horizontally in a trench 2-1/2 feet deep.
8.2 GROUNDING AT EACH LUMINAIRE POLE
Each luminaire pole shall have green equipment
ground wire connecting all equipment grounds in
the electrical equipment enclosures and wire
harness up pole and connect to luminaire
equipment.
9. TRENCHING
Trenching depth and width shall be adequate to
install direct burial cable and conduit with
minimum cover of 24 inches.
Trenches shall be backfilled with excavated soil
and compacted to approximately the same density of
surrounding soil to eliminate settlement.
Backfill maybe accomplished by tamping or water
jetting and flooding until full settlement has
been reached.
Special attention shall be taken at all locations
where 90 degree rigid galvanized steel conduit
extends into trench. Backfill beneath elbow shall
be tamped to approximately the same density of
surrounding soil to eliminate shearing action on
conductors.
End - of - Section
SPECIAL CONDITIONS
i
NOTICE OF ACCEPTANCE
TO:
The City of Lubbock, having considered the proposals submitted and opened on the day of
199for 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 receipt of this Notice.
The five percent (51/o) 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 famish 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
F
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