HomeMy WebLinkAboutResolution - 4396 - Contract - PVI Industries Inc - Boiler Tube Panel Installation - 02_24_1994Resolution No. 4396
February 24, 1994
Item #19
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 PVI Industries, Inc., of Fort Worth, Texas, to furnish and install
all materials as bid for the Boiler Tube Panel Installation 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
ATTEST:
etty MUJO'hnsonLVity Secretary
24th day of February 1994.
APPROVED AS TO CONTENT:
Victor Milmark Purchasing Manager
AS TO
Assistant City Attorney
DGV:dp\G: ccdocs\P1H.Res
February 15, 1994
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CITY OF LUBBOCK
SPECIFICATIONS FOR
BOILER TUBE PANEL INSTALLATION
BID #12824
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CITY OF LUBBOCK
Lubbock, Texas
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CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: BOILER TUBE PANEL INSTALLATION
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 12824
PROJECT NUMBER: 2114-554101-9989
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITIONS
NOTICE OF ACCEPTANCE
NOTICE TO BIDDERS
F
NOTICE TO BIDDERS
BID #12824
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Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the
office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00
o'clock mm, on the 10th day of February,1994. or as changed by the issuance of formal addenda to all
r' planholders, to furnish all labor and materials and perform all work for the construction of the following described
project:
BOILER TUBE PANEL INSTALLATION
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 24th day of February, 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 Best Rating of B or superior, as the rating of the bond company
is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required.
r• 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 thcrein concerning the above wage scale
and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage
sole.
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The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or
national origin in consideration for an award.
There will be a pre -bid conference on 3rd day of February, 1994, at 10:00 o'clock a nL in the Holly
Avenue Power Plant Administration Office, 3500 E. Slaton Highway, 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 F LUBBOCK
Ron Shuffield
SENIOR BUYER _
ADVERTISEMENT FOR BIDS
BID 012824
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` Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department, City of Lubbock,
PON Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04,
Lubbock, Texas, 79401 until 2.00 o'clock p.m. on the 10th day of February,1994, or as changed by the
M; 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:
BOILER TUBE PANEL INSTALLATION
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% 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 3rd day of February, 1994, at 1.0:00 a.m., in the
Holly Avenue Power Plant Administration Office, 3500 E. Slaton Highway, 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 OF L
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Ron Shuffield
SENIOR BUYER
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GENERAL INSTRUCTIONS TO BIDDERS
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2.
3.
4.
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 Boiler Tube Panel Installation.
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.
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.
TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 26 (twenty-six) consecutive calendar
days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the
progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take
such action as the City deems necessary to insure completion of the project within the time specified.
5. PAYMENT
6.
7.
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
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.
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 frill responsibility for providing materials of high quality and for protecting them adequately until incorporated into the
project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full
responsibility of complying with this provision. The specifications for materials and methods set forth in the contract
documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which
shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature
whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work
as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use during
construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The
Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for
proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the
work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its
certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed
contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04
of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the time of purchase.
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
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 uses 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
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The successful bidder shall be required to have a responsible local representative available at all times while the work is in
i- 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.
ro lb. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particular project shall be subcontracted.
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17. LABOR AND WORDING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these
contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of
general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the
requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract
within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the
Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and
obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow
construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract
which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day
of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.
is. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this
contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than
once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the
seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible
copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each
day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates
or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The
Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each
laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is
paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per
diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
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 allomey 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.
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.
M General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
0) 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.
No Text
03/07%94 14:24 -018003468426 PVI INDUSTRIES
004
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BID PROPOSAL
LUNT SUM PROPOSAL CONTRACT
PLACE: -Holly AMC Pawer Planzzi Tub -bock, TX
is
DATE, 2-8-94
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PROJECT NUM;I3ER: 12824 - BOILER TUBE PANEL INSTALLATION
r Proposalof_ PVT TndustrlPa Inc. , Boilpr. Service and Rental (hereinaftercaUedBidder)
C Division
To the Honorable Mayor and City Council City of Lubbock, Tc. us (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation forbids for the construction of a -B d i 1 e r Tube Panel
Installation Project Number: 2114-5-5410I-9989
r" bming 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 consuuetion 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, nithin the time sct forth therein and at the
1 price stated below. The price to cover all expenses incurred in perforn ing the work required tinder the contract documents.
MATERIALS: Five Thousand Two Hundred Fifty Sollars ($5,250.00 )
SERVICES: One Hundred Twenty-four Thousand, Six Hundred (S 124, 643 '00 )
r Forty-three dollars
P TOTALBID: One Hundred Twenty-nine Thousand, Eight: - ($129 , 893 .00 l
Hundred Ninety-three dollars
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(Amount shall be shown in both words and figures. In rase 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 n-ritten "Notice to
Proceed" of the Owner and to fully complete the project within Lf 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
r S100,Q0 (ONE HITNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for
completion of this project, all as more frilly 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 n ith instruction
r" number 2D of the General Instructions to Bidders.
Bidder understands that the Otivner reserves the right to reject any or all bids and to waive any formality in the bidding.
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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.
P
09/07 94 14:24 '&18003468426 PVI INDUSTRIES
a 005
The undersigned Bidder hereby declares that he has visited the site of the work and has carefay ermined the plans,
specifications and contract documents pertaining to the work covemd by this bid. and be further agrees to cornmen= Rork on or
before the date specified in the written notice to proceed. and to substantially cd plete the %vosk on which he has bid; ss pro-dde-n
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 buA from a rtl-table surety company, pa} -able 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 submiur-
a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of aaai
the contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check for Six Thous and Five Hundred
Dollars (fi1, U n . W or a pzopoRl Bond in the sum of _ N / A Dollars (S ,
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the prupuaal is accepted by tM
Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner vie'
ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise. said check or bond shall t
returned to the undersigned upon demand.
Biddcr understands and agrees that the contract to be executed by Bidder shall be bound and include all contract dccur
made available to him for his inspection in accordance with the Notice to Bidders.
Pf//
Contractor �l'trr5ibr)
BY.
(Seal if Bidder is a Corporation)
ATTEST:
AVE
_l�f�T, ecrctary
L- L- L. L-- L _ . L-- L- 1 L.--- t �, L- L--
� BOND PREMIUM BASED ON
r FINAL CONTRACT PRICE
BOND NO. 1277571
PREMIUM: $2,948.00
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISM CIVIL STATURES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSIOIN,
1959
L KNOW ALL MEN BY THESE FRESENTS, that PVI INDUSTRIES, INC. (hereinafter called the Principal(s), as
Principal(s), and
AMWEST SURETY INSURANCE COMPANY
(hcrcira_lter called the S s s SureT (s aNr�e hTet�jy bound unto the City of Lubbock (hereinafter called the Obligco), is
thc.amount of t H�r� i N Y�HREE 6ars (S19 , 893.Od lawful money of the United States for the
payment whereof, the said Principal and Surdy bind themselves, and their ors. administrators, executors, successors and assigns,
jointly and severally, firznly by these presents.
t WHEREAS, the Principal has entered into a certain written contracL with the Obligee, dated the 8TH day of
FEBRUARY , 19 94 . to
BOILER TUBE PANEL, PROJECT f2114-554101-9989
F
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in -the
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, TEE CONDITION OF THIS OBLIGATION IS SUCR� that if the said Principal shall pay all
claimants supplying Labor and material to Trim or a subcontractor in the prosecution of the work provided for in said contract, then,
this obligation shall be void; othcrvise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statuses
of Texas as amended by Acts of the 36th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in
accordance xith the provisions of said Article to the same extent as if it were copied at length herein.
1N WITNESS WHEREOF, the said Principal (s) and Surety (s) have. signed and sealed this instrument this 14TH dam- of
r MARCH 19 94.
f AMWEST SURETY INSURANCE
b.
2::e) JR&NIE WILLIAMS
ATTORNEY —IN —FACT BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATE a g BY
PVI INDUSTRIES, INC.
principal
Ey; /T
itic)
By: lliez e�X e&V� /i� 'oo
(Title)
B
(Title)
7
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goy�� - rsigned surety compam represe= that it is duly gual�Texas, ,ed to do business in and hereby desimates
ENTERP BEN, INC _ an agent mident in Lubbock County to whom wiy requisite notices may be delivered and on whom service
3
of press may be had in matters arising out of s=h suretyship.
4. .
AMWEST SURETY INSURANCE ComPANY
RESIDENT AGENT: SMVty
P.O. SOX 53910 I .
LUBBOCK, TEXAS 79423 Q
r rBy.
E e) JEANIE W=IAMS
AT':ORNEY-IF-FACT
Approved as to farm:
Ct< of L bbock
J �
7 V.
LLLLLL city Attorney
7 * Note: If sinned by an oM= of the Surety Company there must be on file a certified extract from the by-laws showing that this
person has authori-ti to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney, for our file;.
i.
!1
f
r
i
t_ -- L— [:—:' [- L ,-. L_- L_-: LT- [__.— La--- L- L-- t--. L -. I __ l -- Lwo. L-: L_-
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE BOND NO. 1277571
PREMIUM: $2,948.00
r•
i
F
' STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
— OF 71-M REVISED CIVIL. STATUT1iS OF TEXAS AS
f AMENDED BY
t ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
KNOW APVI "US ��e1�r'.44Y&led the Princi ALL MEN BY THESE PRESENTS, that (�ti pa1(s). as Principal(a), and
AMWEST SURETY INSURANCE COMPANY
(hereinafter called the Susety(s), as Surety(s), are held and Ermly bound unto the City of Lubbock thereinafter called the Obligee), in
the amount of II� g� N+� u OIIrs ($129 ,112 .09 la� money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severaliy, firmly by these presents.
r• WHEREAS, the Principal leas entered into a certain written contract with the Obligee, dated the 24Dday of
- FEBRUARY , 199J to
b
r BOILER TUBE PANEL, PROJECT #2114-554101-9989 _
I
and said principal under the law is required beforz cw=encing the work provided for in said contract to execute a bond in the
amount of said contract winch contract is hereby referred to and made a part hereof as frilly and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDMON OF THIS OBLIGATION IS SUCK that if the said Principal shall faithfully
perform the work in accordance with the plans, specifications and contract documents, they this obligation shall be void; otherwise
to re=ln In full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to fire provisions of Ardcic 5160 of the Revised Civil Statutes
of Texas as amended by Ads of the 56th Legislauuc, regular session 1959, and all liabilities on this bond shall be determined in
accordance Kith the provisions of said article to the same extent as if it were: copied at length herein_
IN WITIv'ESS WHEREOF, the said Principal (s) and Surety (s) LT.-- signed and scaled this instrument this L4711ay of
MARCH .19 94.
r AMWEST SURETY INSMMCE COMPANY
6 Suacty
= By.
('Pity; Iy WILLIP.MS
TTORKEY-IN-FACT
r
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATE -31741-711BY
PVI INDUSTRIES, INC.
Principal
By: Y
1� (Title)
By: YlE'r l fsioz aY' G�Oo
(Title)
By:
(Title)
7 The undersigned surety company represctzts that it is duly qualified to do business in Texas, and hereby designates
dMIE an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of
g -ess may be had in matters arising out of such snrctyship.
RESIDENT AGENT:
P.O. BOX 53910
LUBBOCK, TEXAS 79423
Approved as to Form
City of Lubbock ,
B�•:
City Attorney
AMWEST SURETY INSURANCE COMPANY
Surety
rgY
ITr
JEANIE WILLIAMS
ATTORNEY-IN-FAC4'
* Now If signed by an officer of the Surety Company, there must be on file a certified e.�•tract from the by-laws showing that this
person has authority to rign such obligation. If signed by an Attorney in Fact, n-e nwst have copy of power of attDrnry for our files.
7,
�E��f�'.R►�:��k���t=���€�"�*�*f�� s � � w�� � eiC#,�, ^z�.r�3 :� �: Fri �,�?�+��0��:3•s3 �5'40�.�2 ��G+�£L�te��?d
^NCT=VACAO' FOR38ONDS ;_ _
POWERNUMBER
'EXECUTED ON OR : AFTER `027:3737+-b :
= This document is printed on multi -colored security paper with black and red ink, with border in blue ink and bears the raised i
-seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attomey are ,valid. This
71 Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may,not be used
in conjunction with :any other power of attorney. No representations or warranties regarding this Power of Attorney uiay be made
by any person'' 'This' Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection--
widi any -bond issued by the Company must be on this form and no other form shall have force or. effect ;
KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety insurance Corripany,.a California
corrppooration (the'Co'—mi does hereby make, constitute and appoint:
EANIE WILLIZMn,y
A- S AN EMPL•OYEE-OF`AMWEST SURETY INSURANCE COMPANY
„,"-+�\ M.r+, ::^. �. ,- ram. ..., .� r c .r f �,• _ .
17
;?, aI s-true andIlawfulAttorney to -Fact, with limited.power and authority for and on behalf
E of the C parry as surety_
ot-- 3 c w
r1..;�_to execute, -deliver and ~affix the seal of the Company thereto if a seal is required on borids�Aindertakings
.,z�ecogtuzai des Jor :other ,written .obligations in the nature thereof as follows:
dond swop t o �$Y1,0 04 ,0 00.00 x_„.4
tract -CPerformance &.Pa ment) Court Subdivisiom-SAY
86nds:•..up to $Y1,000,000.00 .;,�•„��,.�.
aneo0s',8onds=:up to $YY1,000,000.00
5 11-.-'business`"Administration Guaranteed Bonds :-up atoy$=1,250�008 �
.Al. .�
and to bind the'COmpany"thereby. This appointment is made under and by authority.of the By -Laws of the: ,
Compawhich are now in full force and effect. _
4. y C RIMCAr
�
I, the undersigned: secretary of Amwest Surety Insurance. Company, a California corporation,
'DCfHEREB-y;CERTIFY_that this.Power of Attorney remains in full force and effect and has not been revoked
,,.3�.,, a
"t' rid furthermore, ,that the resolutions of the Board of Directors set forth on the reverse, and that the+'relevant Y
--provisions of the.By Laws of the Company, are now in full force and effect.
0a12 Bond number 1277571 Signed and sealed this 14TH day of kMCH 19 94
ousQ�p000� P
� OO i00 27,17 37 •` 6'3,1�.
a y R
6 D + rz Karen G. Cohen, Secretary ` -� • �= :;
_ w.v✓,;r'1+Jt3�r�Cr�,r��t3f'v°L�t�a' 3t3'' C'��Yt //�" T 41
,: ao�aao€�a�aaea€�creaeQcc��� Resolutions of the Board of Directors 9�� } a-O€000€€ _rc-$,,-):Go-Oe.asc
-This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the L
Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975:
11
RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any :assistant Secretary,
may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment
in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds,
undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -
fact or agent and revoke any power of attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or.suretyship obligation shall be valid and binding
upon the Company:
(i) when signed by the President or any Vice President and attested and sealed ("if a seal be required) by any
Secretary or Assistant Secretary; or
(ii) when signed by the President or any Vice President or Secretary or Assistant Secretary-. and countersigned
and sealed (if a sea] he required) by it duly authorized attorney -in -fact or agent: or r�
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant
to and within the limits of the authority evidenced by the power of attorney issued by the Company to
such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by
facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond. undertaking,
recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the
same force and effect as though manually affixed.
IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and
its corporate seal to be hereuntp affixed this 1st day of January, 1993.
quunrurr
. S URq0010
�•
.��� y •., /FOR ,, ' `��� John E. Savage, resident —7 Karen G. Cohen, Secretary
State of California
County of Los Angeles
On January 1, 1993 before me, Peggy- B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen. per-
sonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me all that he-she,Ithey executed the same in his'heu'their authorized capacity0es).
and that by his/her./their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. ex- ]
ecuted the instrument.
�`'.« : '• OFFICIAL SEAL
• PEGGY B. LOFTON
WITNESS m and and official seal. Notary Pubtk-Calftria
LOS ANGELES COUNTY
MY Com Kdon Expires
Signature (Seal) JW �• 1995 .-
egg}' B. Lofton, Notary Public
a, 010101010O'C o" O.C.G.r 001-011) (.: LL. v 0 Restrictions and Endorsements
1
CERTIFICATE OF INSURANCE
r
r
TO:
CITY OF LUBBOCK
Lubbock, Texas
CERTIFICATE OF INSURANCE
DATE:
Type of
Project:
r PVI
• l THIS IS TO CERTIFY THAT Industries, I n Vame and Address of Insured) is, at the date of this certificate, insured by
this Company with respect to the business operations hereinafter described, for the types of insurance and in accordance Mth the
provisions of the standard policies used by this Company, the further hereinafter described. Exceptions to standard policy noted
- hereon.
TYPE OF INSURANCE
Policy No. Effective Expires Limits of Liability
3-10-94
Workmen's
Compensation
Owner's Protec-
Per Person
tive or Contin-
Per Occurrence
gent Liability
Property Damage
Contractor's
Per Person
Protective or
Per Occurrence
Contingent
PropeM, Damage
Liability
Per Person
Automobile
Per Occurrence
Property Damage
Comprehensive
-�" General Liability
_____--------------------------w_�------- ----------- ---_____
Umbrella Liability B E 3 0 9 2 6 5 0
---- ---1— 15 = 9 4 1 M 15 - - 5 —---------------_---_-------------___--
The foregoing Policies (do) (do not) cover all sub -contractors.
Locations Covered
All lnnn
0
S 10,000,000
DESCRIPTION of Operations Covered
All operations
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the
insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case
there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THIS CERTIFICATE
- MUST BE SENT TO THE OWNER
t_
Natig Union
(N a of Ins er)
By:
Title
F
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE: 3 —10 — 9 4
Type of
Lubbock, Texas Project:
PVI
THIS IS TO CERTIFY THAT Ind us t r i e s _, I n e4ame and Address of Insured) is, at the date of this certificate, insured by
this Company with respect to the business operations hereinafter described, for the types of insurance and in accordance %%ith the
provisions of the standard policies used by this Company, the further hereinafter described. Exceptions to standard policy noted
b
hereon.
TYPE OF INSURANCE
i I
Policy No. Effective
Expires Limits of Liability
r"
Workmen's 3CU99952801
____ 1,000,000
BI—Each Accident
Compensation 1-15-94
1-15-95 $1,000,000
BI—Each Employee/Disease
$1_y000,000
BI—Policy Limit/Disease
Owner's Protec-
Per Person S
tive or Contin-
Per Occurrence S
gent Liability
Property Damage S
Contractor's
Per Person $
Protective or
Per Occurrence S
Contingent ,
Property Damage S
Liability
z.
F3CO9983402
Per Person S
Automobile 1-15 — 9 4
1— 15 — 9 5
Per Occurrence S1,000,000
Property Damage S
Comprehensive 3 MH 7 6 4 7 2 6 0 0
General Liability 1-15y9 4
— 9 5
S1,000,000
_�-
»1-15
�-�-r--_�
--» 2,000,000
Umbrella Liability
S
r
'
The foregoing Politics (do) (do not) cover all sub -contractors.
Locations Covered
i,
All locations
CSL
Ea
Ag g
DESCRIPTION of Operations Covered
P
All Operations
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the
insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case
there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THIS CERTIFICATE Kemper_lmpurance
MUST BE SENT TO THE OWNER (N of Insure
By.
9 !
Title
CERTIFICATE OF INSURANCE
r TO: CITY OF LUBBOCK
Lubbock, Texas
DATE:
Type of
Project-
3-16-94
PVI
THIS IS TO CERTIFY THAT I n d u s t r i e s , I n (Name and Address of Insured) is, at the date of this certificate, insured by
this Company with respect to the business operations hereinafter described, for the types of insurance and in accordance "%ith the
f' provisions of the standard policies used by this Company, the further hereinafter described. Exceptions to standard policy noted
- P hereon.
TYPE OF INSURANCE
- "
Policy No. Effective Expires
Limits of Liability
- �
Workmen's
_
Compensation
_r-
Owner's protecD CP 2 6 7 3 3 6
Per Person
S
:f
tive or Contin- 3 -15 - 9 4 9 -15 - 9 4
Per Occurrence
S 500,000
gent Liability
Mpuzy D=ggx
S 500,000
Contractor's O C P 2 6 7 3 3 6
Per Person
S
Protective or 3 -15 - 9 4 9 -15 - 9 4
Per Occurrence
S 0
Contingent
M;= =Mzga
S 500,000
-yam"
Liability --N_
-- . - Aggregate
-�
Per Person
S
Automobile
Per Occurrence
S
-f
Property Damage
S
Comprehensive
General Liability
S
Umbrella Liability
S
"
The foregoing Policies (do) (do not) cover all sub -contractors.
_r
Locations Covered
Holly Ave. Power Plant, Lubbock, Texas
DESCRIPTION of Operations Covered
Boiler tube panel installation
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the
�- insurer in less than the legal time required after the insured has received Nvritten notice of such change or cancellation, or in case
there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THIS CERTIFICATE
MUST BE SENT TO THE OWNER.
Seaboar urety Company
(Nam 5u )
Title
L- L___ L _ -' L..._. L-; I-- L-... L_ L L-- L-. - L - : L--- L-; L`. U--_ L- C---- L_.
r
t
r CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this Ltth day of February. 1994, by and between the City of Lubbock, County
of Lubbock, State of Texas, acting by and through David R Langston, Mayor, thercunto authorized to do so, hereinafter referred to
as OWNER, and PVT INDUSTRIES. INC. of the City of FORT WORTH. County of TARRANT. and the State of TEXAS.
hereinafter termed CONTRACTOR
WITMSSETH: 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 descn'hed as follows:
r•
F
BID #12824 - BOILER TUBE PANEL INSTALLATION FOR S129,893.00.
r and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost
f and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insuran0e 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
r"
j 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.
r
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
r account thereof as provided therein.
t IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the
year and day first above written.
r ATTEST:
f
Secretary
r
APPROVED AS TO CONTENT:
Jo/z J44J��
APPROVED AS O FORM:
f �
c
ATTEST:
FCorporate Secretary
CONTRACTOR:
COMPLETE ADDRESS:
P.O. Box 7124
Fort Worth. Texas 76111
F
7
GENERAL CONDMONS OF THE AGREEMENT
F
r
i
r,
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be
understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: PVI INDUSTRIES, INC. who has agreed to perform
r the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
JAY WADSWORTH, PRODUCTION SUPERINTENDENT. 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
7 representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement.
t 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.
7 4. CONTRACT DOCUMENTS
L
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
arty), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
S. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary,' "Prescribed," or words of
like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like
import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
6. ,SUBCONTRACTOR
r.. The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any
Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents,
but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of 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.
i
r
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's expense.
I l 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
4
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
rsuch 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
subcontractors, or any of his agents or employees, or any other persons performing any of the work.
F
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
r 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
r. 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.
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23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line,
grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after
the beginning of the construction, without affecting the validity of this contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and at the unit price established for such work under this contract; 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
r 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.
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24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as
provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
r 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 (151/6) per cent.
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In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply
and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics
and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used
on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on
account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property
Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the
Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of
the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The
Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type
and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless
otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to
the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and
other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all
appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by
Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract
documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no
such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work
in accordance with these plans and specifications. It is further understood that any request for clarification must be
submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
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.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation
laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and
others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building
!� and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
E "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
r" failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to
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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.
r- 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
r" 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.
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A Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits 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.
I
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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;
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.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of (100% of potential loss) naming the
City of Lubbock as insured.
E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of $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.
F. 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
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such
certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at the
address shown in the bid specifications. _
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(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
the policies shown on the certificate.
(7) The certificate or certificates 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.
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1 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
7 other terms, conditions, and priviliges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN, AND FURNISHERS OF
MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment,
�. power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When
Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived.
r 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
r. 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.
r-► 32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
r" 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. THAE FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and
time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it
is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be
specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time hereinspecified, or any proper
extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding
of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (One
Hundred PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each
and every calendar day that the Contractor shall be in default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the
work described herein is reasonable time for the completion of the same, taking into consideration the average climatic
change and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is
agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for
payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most
conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the
work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications,
and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work
done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing
work done under this contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which
shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the
several parts of the work and estimated dates of completion of the several parts.
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36. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the
r. Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for
an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an
extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then submit such written request to
the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City
Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided.
r
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
r fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
r contents, number and weight only shall be considered, unless otherwise specifically provided.In the event this contract is let
on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other
contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the
estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract,
they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their
proposals offered for the work. It is understood and agreed that the actual amount of work. to be done and the materials to
be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the
t - project
r- 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 arty process of construction to be undertaken under this agreement, from any
damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the
Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing
out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
r-% 40. PRICE FOR WORK
In consideration of the fiunishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto,
which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all
materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly
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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 3lst 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
I
replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written
notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for
�. faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
7 47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
r-• 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. TMIE 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.
r"' 49. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute.
PM 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
j 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
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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
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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.
i In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
t 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,
rr 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 refuse to comply with said terms
within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
'.. work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's
` Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value
of all work actually completed by said Contractor at the prices stated in the the attached proposal, the value of all partially
completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or
dprovided 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
r statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and
all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner
who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance
shown by said final statement as due the Contractor, under the terms of this Agreement.
52. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160,
Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
�.. required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to
do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so
furnished.
53. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with an of the general conditions contained in this contra then in such event the special conditions shall control.
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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
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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
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DGV:da
RESOLUTION
Resolution #2502
January 8, 1987
Agenda Item #18
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
�- WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
T" .,contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes: -
Exhibit A: Building Construction'Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January 1987.
iTE
:Ranett#,,-Boyd, City Secretary
APPROVED T.- NTENT:
y�
Bi I 1 P,yne, 0 rector of Building
Services
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Do ld G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock'
Building Construction Trades
Prevailing Rates
Craft
Hourly Rate
Acoustical Ceiling Installer
511.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
10.50
Bricklayer -Helper
5.00
Carpenter
11.00
' Carpenter -Helper
5.50
Cement Finisher,
7.35
Drywall Hanger _
8.70
Electrician -
10.50
Electrician -Helper
5.25
Equipment Operator -
Heavy
8.00
Light
5.70
Floor Installer
8.00
Glazier
7.50
Insulator, Piping/Boiler
9.50
Insulator -Helper
5.00
Iron Worker,
7.30
Laborer, General
4.75
Mortar Mixer
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65
Roofer -Helper
4.75
- Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder - Certified
8.00
EXHIBIT B
Paving and Highway Construction
Prevailing wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT 0
Prevailing Wage Rates
Overtime Rate
' The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.1 1/2 times base rate
No Text
A SPECIFICATION FOR
PARTIAL REPLACEMENT OF
THE WATER WALL, REAR WALL, AND
ROOF SECTIONS IN THE HOLLY UNIT NO 2 BOILER
AT THE HOLLY AVENUE POWER GENERATING PLANT
LUBBOCK POWER & LIGHT
LUBBOCK, TEXAS
JANUARY, 1994
Scope Of Work
To furnish the labor, and material to remove portions of existing
lagging, insulation, and water walls/ roof panels. Install
prefabricated water wall / roof panels, insulation, and lagging
furnished by Lubbock, Power & Light. The work is required to repair the
existing water walls and roof of Holly Unit No 2 Boiler, at Lubbock
Power & Light's (LP&L) Holly Avenue Generating Plant located at 3500
Slaton Highway in Lubbock, Texas.
Contractor Design Information
Bidder shall submit a proposal to perform the work as specified in the
section labeled Scope of Work. The Work shall meet all minimum design
requirements, and be in compliance with all applicable Local, State, and
National Codes.
Boiler Data
Manufacturer - Foster Wheeler Energy Corporation
Year Erected - 1977-1978
Contract Number - 3-78-2639
Steam Generating Capacity - 512186 lb/hr
Operating Temperature - 955 'F
Operating Pressure - 1300 psig
Design Pressure - 1570 prig
General Fabrication and Welding Specification
1. Water wall panels shall be installed in accordance with the -
current edition and addendum of Section I. II. V. VIII and IX of
the A.S.M.E. Boiler and Pressure Vessel Code. The material of
tube construction shall be ASME SA-210 Grade A-1, hot finished,
and 3.0" O.D. X 0.180" M.W.
2. Fin material and accessories will be A-36 carbon steel or
equivalent.
3. All lagging removed shall be reused after the tube repair and
reinsulation is completed. Lagging that is damaged by the
contractor during the contract period will be replaced at the
contractors expense.
3. Tube end weld preparation shall be square, standard degree bevel.
with 1/16 inch maximum land to facilitate field welding.
4. The contractor shall provide copies of all their welders
certification at least two(2) days prior to the welders reporting
to the job site.
5. All tubing shall have all traces of oil. lubricants, metal
cuttings. and any other foreign material removed after all end
preparations have been completed.
6. The contractor shall provide complete field welding specifications
and details to L.P.& L. All welding procedures shall be a
qualified welding procedure in accordance with Section IX of the
ASME Code. These specifications, details, and procedures shall be
delivered on or before the scheduled start date of the contract.
7. All metal welds shall be in an accessible location. No welds
shall be allowed in bends. No more than three (3) welds shall be
allowed on any straight section.
8. The lower portion of the rear water wall panels are manufactured
with swaged ends for rolling in to the mud drum. Rolling
procedures shall be in accordance with all ASME Section I codes.
Mechanical removal of existing tubes is recommend.
9. All dissimilar metal welds shall be performed using the Gas
Tungsten Arc Welding process including:
A. Root pass G.T.A.W
B. Filler material utilized shall be INCO 82.
E9018, or equivalent material.
10. All tube welding shall be done by the G.T.A.W. process with
welding procedures Oualified and Approved in accordance with ASME
code requirements. No backing rings shall be permitted.
Testing
1. All welds shall be visually inspected. 10% of all similar metal
welds shall require radiograph as directed by LP&L's
representative. All weld X-rays shall become the property of
Lubbock Power & Light. All welds which are repaired or replaced
will be noted by distinct identification for further inspection by
the owner. The owner shall be notified immediately of any
failures and reserves the right to require 100% radiograph
inspection.
2. The boiler shall be hydrostatically tested to 2355 psig, 1.5 times
the maximum allowable working pressure for a period not to exceed
one(1) hour. The hydrostatic test will follow PG-99 of Section I
of the ASME Codes. All welds which fail the hydrostatic test will
require 100% radiograph inspection and shall be retested until the
hydrostatic test is successfully completed. The contractor shall
furnish a high pressure pump for the hydrostatic test.
Inspection
1. The contractor shall furnish an Authorized Inspector that meets
the criteria set down in PG-91 Section I of the ASME codes.
2. The contractor shall be responsible for verification of dimensions
to assure the proper installation of the new assemblies without
modification to the boiler and shall provide supports as needed at
cut lines to maintain original dimensions. The drawings supplied
were prepared based on information supplied by others and Lubbock
Power & Light shall not be responsible for any errors or omissions
resulting from assumptions or as a result of any erroneous
information indicated on the drawings for removing existing
damaged material.
Demolition'
The contractor shall be responsible for the removal of the existing
assemblies and shall deliver the removed material to Lubbock Power &
Light at a designated location on site. The boiler insulation to be
removed is Rockwool and can be disposed of in dumpsters on site.
Patching and Repair
The contractor shall be responsible for the repair or replacement of the
boiler plate, structural members, exterior sheet metal. and etc.
required for a complete and successful water wall assembly replacement.
Insulation and refractory will be furnished by Lubbock Power & Light.
Schedule
The boiler water wall assembly replacement will start during the
scheduled unit overhaul period beginning April 4. 1994 and ending April
29, 1994. We anticipate a contract award date of March 1. 1994.
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Special Conditions
The contractor shall be subject to a $500.00 per day penalty for every
day passed the April 29. 1994 completion date. The penalty shall be
deducted from the lump sum.
Payment
Payment will be made in lump sum upon successful completion of the work
r as defined in the scope of work.
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SPECIAL CONDITIONS
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TO:
NOTICE OF ACCEPTANCE
r The City of Lubbock, having considered the proposals submitted and opened on the day of
199_, for work to be done and materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that
your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City
Council of the City of Lubbock on the day of 199 at the bid price contained therein, subject to the
execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and
required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of
Lubbock all such documents within ten (10) days from your receipt of this Notice.
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j The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract
documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such
contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock.
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I CITY OF LUBBOCK
Owner's Representative
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