HomeMy WebLinkAboutResolution - 4600 - Contract - Lacron Enterprises - Security Lighting, AB David & Higginbotham Park - 09_08_1994Resolution No. 4600
Item # 26
Council Date: 09 8 9
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 Lacron Enterprises of Lubbock, Texas to furnish and install
all materials as bid for the Security Lighting at A.B. David and Higginbotham Park, 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:`
Betty i. lohnsony City Secretary
APPROVED AS TO CONTENT:
8th day of
jz6dbd:��
Victor Kilmdn, Purchasing Manager
APPROVED AS TO
Assistant City Attorney
D0V:ap\GAcod=V.@c mRes
August 31,1994
September 1994.
t
CITY OF LUBBOCK
SPECIFICATIONS FOR
SECURITY LIGHTING AT A B. DAVIS AND
HIGINBOTHAM PARK
BID #12959
CITY OF. LUBBOCK
Lubbock, Texas
r
r
City of Lubbock
P.O. Box 2000
Lubbock. Texas 79457
606-767-2167
MAILED TO VENDOR
CLOSE DATE:
NEW CLOSE DATE:
Office of
Purchasing
May 20,1994
May 25,1994 at 2 P.M.
June 1,1994 at 3 P.M.
BID #12959 - SECURITY LIGHTING AT A.B. DAVIS AND HIGINBOTHAM PARK
ADDENDUM # 1
Please modify or amend Contract Documents as follows:
1. Please replace the Lighting Plan for A B. Davis Park from your bid book with the
attached corrected Lighting Plan.
All requests for additional information or classification concerning this bid. should be submitted
in writing and directed to Laura Ritchie, Buyer.
PLEASE RETURN ONE COPY WITH YOUR BID
THANK YOU,
Laura Ritchie
Buyer
F
r
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
MAII.ED TO VENDOR
CLOSE DATE:
NEW CLOSE DATE:
Office of
Purchasing
May 25,1994
June 1,1.994 at 3 P.M.
June 30,1994 at 3 P.M.
BID #12959 - SECURITY LIGHTING AT A.B. DAVIS AND HIGINBOTHAM PARK
ADDENDUM # 2
Please modify or amend Contract Documents as follows:
1. Due to extensive revisions necessary to the plans and specifications for the above
referenced project, the closing date has been extended to Thursday, June 30, 1994
at 3 P.M. Subsequent addendum will be forthcoming for bids on this project.
All requests for additional information or classification concerning this bid should be submitted in writing
and directed to Laura Ritchie, Buyer.
PLEASE RETURN ONE COPY WITH YOUR BID
THANK YOU,
Aato-
Laura Ritchie
Buyer
Office of 4
Purchasing
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
E306-767-2167
MAILED TO VENDOR
CLOSE DATE:
June 9,1994
June 30,1994 at 3 P.M.
BID #12959 - SECURITY LIGHTING AT A.B. DAVIS AND HIGINBOTHAM PARK
ADDENDUM # 3
Please modify or amend Contract Documents as follows:
1. Please find the enclosed revised plans for A.B. Davis Park, for the above referenced
project. The original plans submitted for Higinbotham Park are still valid.
2. Please note the following alternates added for A.B. Davis Park:
ALTERNATE #1- Remove four (4) tennis court light poles and replace with new light
poles.
ALTERNATE #2 - Remove two (2) volleyball court light poles and replace with new
light poles.
3. Please find the enclosed, revised, "BID PROPOSAL" form, noting the addition of
ALTERNATE #1, and ALTERNATE #2. Please submit your bid on this revised form.
All requests for additional information or classification concerning this bid should be submitted in writing
and directed to Laura Ritchie, Buyer.
THANK YOU,
l
iLauraRitchie
Buyer
PLEASE RETURN ONE COPY WITH YOUR BID
Disconect,Irrigation Control Service and connect to
new distribution panel. See Dotal[ $heet 4 of 4.
Cuse.Ou\
a
a
Disconnect Party House Service and connect to existing co nd It and
hook-up to new distribution panel using 3- f2 AL See Detail Shee 4 of 44
t-2
1-1I i VC Co11 uit w/ pull
t- V PVC Conti
Fixture 2
rC ndult w/ 3-f 2 Al._,;
or telephone service
/ 3-♦360 mcm copper
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New Utility Pole To suppty Electric Service To Park
Metering by LPL See Detail Vaot 4 of 4
1-20 PVC Conduit w/ 3- *2AL
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Sheet 1
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id mount Cut Top of POW and Mount
Light Bar
mate 1 4 Now volleyball
Fixture 3 4%
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Disconnect existing wiring from existing I I- - -
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1-20 PVC Conduit w/ 5-f2 AL 2-+12 AL
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Diaconoct Irrigation Control Service and Connect to
new -distribution panel. Sao Distal! $beet 4 of 4.
a
Party use ,
a
DisconAect Party House Service and connoot to existing 400adi it and >
hook-up to now distribution panel using S- +2 AL So* Detail Sheet 4 of A<
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Fix�ur 4 i to e
Cut top of pole and i
new light bar Alterna
i i Light Poles
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------- - - - - --
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Contractor To Remove Existing Power Supply
And dox I'A' And Use, Existing Panel in Party House.
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Basketball
Fixture 4
46OC12 W Hubbell
OAmp weatherproof Race
mounted on Ught pole
1- 2' PVC Conduit w/
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1- f 10Co.
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Sheet 3
Metering by LPL
40A
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20A
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Photo Cell
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In
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ale
20A
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- oe
See plan Adendum ll
Page 1014.
Photo Cell
{
Photo Cell
100A 2-Pole
30A 2-pole
160A 2-pole
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A 2-F
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4
Contractor
Contractor
Contractor
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110V toll
110V Coll
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Push Button
on Pal
3*2A1.
Area Lighting
Volleyball Court
Tennis Court
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5
NOTE: 100A Contractor (1)
Timer (1) Existing and to
be reused -
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Sheet 4 of 4
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LUMP SUM PROPOSAL CBID ONTRACT
PLACE:
DATE:
PROJECT NO.: #12959 SECURITY LIGHTING AT A. B. DAVIS AND HIGINBOTHAM PARK
Proposal of (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a
r having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
C contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the
construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all
labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract
( documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred
in performing the work required under the contract documents, of which this proposal is to be a part, is as follows:
ITEM #1- A. B. DAVIS PARK SECURITY LIGHTING
MATERIALS:
($ )
SERVICES:
($ )
TOTAL BASE BID (ITEM #1):
($ )
ITEM #2 - HIGINBOTHAM PARK SECURITY LIGHTING
MATERIALS:
($ )
SERVICES:
($ )
TOTAL BASE BID (ITEM #1):
($ )
TOTAL MATERIALS: ($ )
TOTAL SERVICES: (S )
TOTAL BID (ITEMS 1 & 2): ($ )
ALTERNATE 1: A. B. DAVIS PARK - Remove four (4) tennis court light voles and replace with new light
op les:
MATERIALS: ($ )
SERVICES: ($ )
TOTAL BID (ALTERNATE 1): ($ )
ALTERNATE 2 - A. B. DAVIS PARK - Remove two (2) volleyball court ligbt poles and replace with new
light poles:
MATERIALS: ($ )
SERVICES: ($ )
TOTAL BID (ALTERNATE 2): ($ )
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall
govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) calendar days thereafter
as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as
liquidated damages the sum of S100.00 (ONE HUNDRED DOLLARS) for each calendar day in excess of the
time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in-
struction number 20 of the General Instructions to Suppliers.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the
work on which he has bid; as provided in the contract documents.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars ($ ) or a Proposal Bond in the sum of Dollars
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required
bond (if any) with the Owner within the (10) days after the date of receipt of written notification of acceptance of
said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
0-
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Contractor
BY:
r-�
F
7
City of Lubbock
P.O. Box 2000
Lubbock, Texas 7J457
606-767-2167
MAILED TO VENDOR
CLOSE DATE:
NEW CLOSE DATE:
Office of
Purchasing
June 20,1994
June 30,1994 at 3 P.M.
July 7,1994 at 3 P.M.
BID #12959 - SECURITY LIGHTING AT A.B. DAVIS AND B IGINBOTHAM PARK
ADDENDUM # 4
Please modify or amend Contract Documents as follows:
I. , The following information pertains to Section 08 - Lighting, Part 2 Products:
2.03 FLOODLIGHTS:
A. General area lighting floodlights shall be 400 watt, high pressure sodium,
NEMA 7x6 distribution, with multitap ballast set for 240 volt operation. The
fixture housing shall be diecast with dark bronze finish and a removable ballast
panel that is interchangeable with those currently stocked by the owner.
Floodlights shall be Hubbell #MW-0400S-268 with model MVMG-2 mesh
guards, or approved equal.
2.04 POLES AND ACCESSORIES:
A. Area lighting poles shall be round tapered steel, 30 feet tall, capable of
supporting 10.0 square feet of fixture wind load in a 100 MPH wind with gusts
to 130 MPH. Poles shall have an 8" O.D. tapered bottom, 3.8 O.D. top, and a
2-3/8" O.D. tenon top. The pole shall have a dark bronze painted finish,
anchor bolts, anchor bolt template, and two nuts and washers per bolt. Poles
shall be equal to Hubbell RTS-8301 M51.
B. Area floodlight poles shall be furnished with two, three, or four fixture
mounting brackets as required. Brackets shall be equal to Hubbell #THB-21-
M51, THB-31-M51, or THB-41 M51.
C. Delete from the contract documents.
2.05 PHOTOCELLS:
A. No change from contract documents.
2.06 TIMERS:
70 A Timers for control of volleyball and basketball court lights shall be AMF-
Paragon Model #501-142-00, or approved equal.
�- 2.07 OUTDOOR LIGrHTING CONTROL:
A. Area lighting contractors shall be turned on by photocell and off by photocell.
Volleyball and basketball court lighting shall be controlled by a pole mounted
push-button and double timers following a photocell.
11. Please change the bid closing date and time from Thursday, June 30, 1994 at 3:00 P.M.
to Thursday, July 7,1994 at 3:00 P.M.
All requests for additional information or classification concerning this bid should be submitted in writing
and directed to Laura Ritchie, Buyer.
THANK YOU,
64&ta—��,
Laura Ritchie
Buyer
PLEASE RETURN ONE COPY WITH YOUR BID
CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: SECRUTTY LIGHTING AT A. B. DAVIS AND
HIGINBOTHAM PARK
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 12959
PROJECT NUMBER: 1421-553107-9901
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
NOTICE TO BIDDERS
BID #12959
Sealed bids addressed to Laura Ritchie, Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing
Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 25th day of May,
1994, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for
the construction of the following described project:
SECURITY LIGHTING AT A. B. DAVIS AND HIGINBOTHAM FARK
r" 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 9th day of June,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
.- 525,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or rior as the rating of the
t bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check
issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to
the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder
will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions
under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and
considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager
{ " for the City of Lubbock, Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to
in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the
requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
r
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 18th day of May,1994, at 10:00 o'clock a.m.. in the Purchasing Conference Room
L-04, 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
'A' -&(
LAURA RITCEM
BUYER
7
ADVERTISEMENT FOR BIDS
BED #12959
Sealed bids addressed to Laura Ritchie, Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the
Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the
25th day of May,1994, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and
perform all work for the construction of the following described project:
SECURITY LIGHTING AT A. B. DAVIS AND HIGINBOTHAM FARK
7"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and
publicly read aloud.
The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for
the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further
directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage
scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
u 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
r-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 18th day of May,1994, at 10:00 a.m., in the Purchasing Conference Room L-04,
1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
li��.�-glue,
LAURA RTTCHM
BUYER
I � �
GENERAL INSTRUCTIONS TO BIDDERS
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 Security Lighting at A. B. Davis and Aiginbotham Park.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the
contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 90 (Ninety) 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.
S. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an
affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by
the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been
notified.
MATERIALS AND WORKMANSHM
The intent of these contract documents is that only materials and workmanship of the best: quality and grade will be
furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor
of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the
project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full
responsibility of complying with this provision. The specifications for materials and methods set forth in the contract
documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.
S. 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.
7 14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City.
C` 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.
i-
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be
the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the
�., site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable
the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however,
shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the work is in
progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number
where such local representative may be reached during the time that the work contemplated by this contract is in progress.
., 16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
C� to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these
contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of
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.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this
contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than _
once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the
seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible
copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each
day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates
or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The
Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each
laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is
paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per
diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder
without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in
and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or
furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of
discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If
the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is
submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal
signed by a member of the firm, association or partnership, or person duly authorized.. If the proposal is submitted by a
company or corporation, the company or corporate name and business address must be given, and the proposal signed by an
official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly
certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. -
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the
outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal
may be withdrawn or altered thereafter.
BOUND COPY OF CONTRACT DOCUNMNTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following.
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
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.
BID PROPOSAL
I
BID PROPOSAL
LUMP SUM PROPOSAL CONTRACT
d
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PLACE: LUBBOCK, TEXAS
DATE: O'I/07/94
PROJECT NO.: #12959 SECURITY LIGHTING AT A. B. DAVIS AND HIGINBOTHAM PARK
Proposal of LAR C 0 N ENTERPRISES (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation forbids for the construction ofs-S .,,CUR I TY LIGHTING
AT A.B. DAVIS PARK AND HIGINBOTHAM PARK
" having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the
construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all
r•• labor, materials, and supplies; and to construct the project in accordance with the pl<•u►s, specifications and contract
documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred
in performing the work required under the contract documents, of which this proposal is to be a part, is as follows:
ITEM #1- A. B. DAVIS PARK SECURITY LIGHTING
MATERLAI,S: TWENTY-TWO THOUSAND AND N0/100------ ($22 , 000.00 )
e
SERVICES: FOURTEEN THOUSAND TWO HUNDRED EIGHTY-FOUR ($14, 284.00 )
THIRTY-SIX THOUSAND TWO
TOTAL BASE BID (ITEM #1): HUNDRED EIGHTY-FOUR ------- -($36 , 284.00
ITEM #2 - HIGINBOTHAM PARK SECURITY LIGHTING
MATERIALS: EIGHT THOUSAND TWO HUNDRED ---------- ($ 8,200.00 )
SERVICES:THREE THOUSAND SIX HUNDRED FORTY-SEVEN ($ 3,647.00 )
ELEVEN THOUSAND EIGHT HUNDRED
TOTAL BASE BID (ITEM#1): FORTY-SEVEN AND NO/100----- ($ 11,847.00 )
TOTAL MATERIALS: THIRTY THOUSAND TWO HUNDRED----- ($ 30,200.00
SEVENTEEN THOUSAND NINE HUNDRED
TOTALSERVICES: THIRTY-ONE AND NO/100----------- ($ 17,931.00 )
FORTY-EIGHT THOUSAND ONE
TOTALBID(ITEMS 1 &2): HUNDRED THIRTY-ONE & NO/100--{$ 48 , 131 .00 )
P'"
r
r
r
ALTERNATE 1: A. B. DAVIS PARK - Remove four (4) tennis court light moles and replace with new light
op les:
MATERIALS: FOUR THOUSAND FIVE HUNDRED ----------- ($4, 500 .00 )
SERVICES: TWO THOUSAND SEVEN HUNDRED TWENTY ----- ($2,720.00
SEVEN THOUSAND TWO
TOTAL BID(ALTERNATE I): HUNDRED TWENTY ------------- ($7,220.00 )
ALTERNATE 2 - A. B. DAVIS PARK - Remove two (2) volleyball court light poles and replace with new
light poles:
MATERIALS: TWO THOUSAND AND NO/100-------------- (S2,000.00 )
SERVICES: SEVEN HUNDRED TWENTY—SIX AND NO/100---(S 726.00
TWO THOUSAND SEVEN
TOTAL BID (ALTERNATE 2):_,HUNDRED TWENTY—SIX ------ --($2,726.00 )
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall
govern)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) calendar days thereafter
as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as
liquidated damages the sum of $100.00 (ONE HUNDRED DOLLARS) for each calendar day in excess of the
time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in-
struction number 20 of the General Instructions to Suppliers.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the
work on which he has bid; as provided in the contract documents.
i
Enclosed with this proposal is a Cashier's Check or Certified Check for
r Dollars ($ ) or a Proposal Bond in the sum of 5% Dollars
l which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required
bond (if any) with the Owner within the (10) days after the date of receipt of written notification of acceptance of
said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
r
ro
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
LARCON ENTERPRISES
Co7LRRYV.
BY c -�
ANDERSON
OWNER
`�OMdtrC
o
-WON INS (COO
DID BOND
Know all men by these presents:
That___. LARCON ENTERPRISES
(hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual)
a corporation of the State of Iowa, with its Home Office in the City of Dep Moines, Iowa, (hereinafter
called Surety), as Surety, are held and firmly bound to CITY OF LI;IBBOCK _
(hereinafter called the Obligee) in the full and just sum of ($ )
5% of greatest amount bid Dollars
good and lawful money of the United States of America, to the payments of which aura of money wen
and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors,
adanitdatrators, successors and assigns, jointly and severally, firmly by these presents.
Signed, sealed and dated this 29th day of JUNE 19 94 .
THE CONDITION OF THIS OBLIGATION IS SUCH, that, If the Obligee shall make any award to
the Principal for BID 12959
SECURITY LIGHTING AT A.B. DAVIS AND HIGINBOTHAM PARK:
according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly
make and enter into it rontrnct with the Obligee in accordance with the terms of said proposal or bid and
award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING
COMPANY IMutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the
Principal shall, in came of failure to do so, pay to the Obligee the damages which the Obligee may suffer
by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and
void; otherwise it shall be and remain in full force and effect.
IN TESTIMONY WHEREOr, the Principal and Surety have caused these presents to be duly sited
and sealed.
Attw:
LARCON ENTERPRISES
Principal
B
MER�H 'S BONDING COMPANY (Mutual)
By
i .
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws
of the State of ic-aand having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and
appointed, and does by these presents make, constitute and appoint
David Tate or Charlene Tate
Of Lubbock and State of Texas its true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety:
Any or all bonds or undertakings provided that no bond or undertaking
executed under this authority shall exceed in amount the sum of
FIVE HUNDRED THOUSAND ($500,000.00) Dollars
and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to
the authority herein given, are hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of
the MERCHANTS BONDING COMPANY (Mutual).
ARTICLE 2, SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE 2, SECTION 9. — 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 fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and
President, and its corporate seal to be hereto affixed, this 15th day of March A.D., 19 94
Attest:
��--
Yice President
STATE OF IOWA
COUNTY OF POLK as.
MERCHANTS BONDING COMPANY (Mutual)
CO
By
��s«aatenrF..au.r -
y
On this 15th day of March , 19 94 , before me appeared M.J. Long and
W.G. Brundage, to me personally known, who being by me duly sworn did say that they are Vice President and SecretarylTreasurer
respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that
the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and
sealed in behalf of said Corporation by authority of Its Board of Directors.
i'• In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first
above written.
e
•
. Q i •
• Q • Notary Public. Polk county, lows
• •
• IOWA • • � : • My commission Expires
• 11-4-95
• ;ZO��•''•••"c��� •: STATE OF IOWA
j '• '4R1 AV • COUNTY OF POLK as.
I, M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby certify that the above and
foregoing Is a true and correct copy of the POWER OF ATTORNEY, executed by said ME ANTS,j01;IDING
COMPANY (Mutual), which is still in force and effect. to
In Witne Whereda ohave hereunto set my hand and affixed the seal of the Company, at (o f,
this DUNE 19,94
This December 31 1995.
power of attorney expires +
MSC 0814
i
PAYMENTBOND
r
PAYMENT BOND
,
STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS
GOVERNMENT CODE AS AMENDED
(Penalty of this bond must be 100% of Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, Larcon Enterprises
(hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corpo-
ration organized and existing under the laws of the State of Iowa, with its principal office in the City of
Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto
(hereinafter called the Obligee) in the amount of FnrtW aioht thmigand nne hundred thirty one
Dollars ($ 4R ,1'11 - 0n ), for the payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the .13
day of s Antemher , 19 94, to Bid #19959-A8 navic and Higi*+hntham Parke
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work
provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas
Government Code asamended and all liabilities on this bond shall be determined in accordance with the provisions
of said Chapter to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surly �y i ed and sealed this instrument this
p tsON�GFi�C��
13 clay of September , 1994 BEST RATING
Witness: 6IG€NSrn IN twat (Seal)
DATF /�g'KBY � 5� (Seal
(If Individual or Firm)
Attest: (Seal)
(Seal)
(If Corporation) Principal
MERCHANTS BONDING COMPANY (Mutual)
sure
BY fb (Seal)
7
Merchants Bonding Company
(Mutual)
6:
FOR
POWER OF ATTORNEY
Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duty organized under the laws
of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and
appointed, and does by these presents make, constitute and appoint
David Tate. or Charlene Tate
Of Lubbock and State of Texas its true and lawful Attomey4n-Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver In its behalf as surety:
Any or all bonds or undertakings provided that no bond or undertaking
executed under this authority shall exceed in amount the sum of
FIVE HUNDRED THOUSAND ($500,000.00) Dollars
and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to
the authority herein given, are hereby ratified and confirmed.
This Power -of -Attorney Is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of
the MERCHANTS BONDING COMPANY (Mutual).
ARTICLE 2, SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attomey-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the
Companythereto, bonds and undertakings, recognizances, contracts of indemnity and otherwritings obligatory In the nature thereof.
ARTICLE 2, SECTION 9. — 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 fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and
President, and its corporate seal to be hereto affixed, this 15th day of March A.D., 19 94
Attest: MERCHANTS BONDING COMPANY (Mutual)
4�O\N P t7 Co
•.
By
1933
VkaPrasidenfJ'.S>ra•kvy/1•ssusr,- y.
STATE OF IOWA
COUNTY OF POLK as.
On this 15th day of March 19 94 , before me appeared M.J. Long and
W.G. Brundage, to me personally known, who being by me duly sworn did say that they are Vice President and Secretaryfrreasurer
respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that
the Seal affixed to the said Instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and
sealed in behalf of said Corporation by authority of Its Board of Directors.
In Testimony Whereat, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first
above written.
@0 %
• < 00
i eat P,' % O •
• IOWA •
y:
P •
•a r'4e.
RIA�-�'
0000040-000
STATE OF IOWA
COUNTY OF POLK ea.
mo;� 64�
Wary Public, Pork county, Iowa
My commission Expires
11-4-95
I, M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual] do hereby certify Vud tlV
and
foregoing Is a true and correct copy of the POWER OF ATTORNEY, executed try said MER�(j;xAf iDING
COMPANY (Mutual), which is still In force and effect. 'Ql�, • ' P .
In Witness Whereof, I have hereunto set my hand and affixed the seat of the Company, at .?�
this day of 19,
C2 .
14 �
This power of attorney expires December 31, 1995. �1, •••
MSC 0814
r
PERFORMANCE BOND
.-
.-0
Fm
0"
PERFORMANCE BOND
STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS
GOVERNMENT CODE AS AMENDED
(Penalty of this bond must be 100% of Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, T.arrnn Enterprises
(hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corpo.
ration organized and existing under the laws of the State of Iowa, with its principal office in the City of
Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Lubbock
(hereinafter called the Obligee) in the amount of Forty a ght athousand one hundred thirty one
Dollars ($ 48 ,131.00 ), for the payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 13
day of September ,19 94,to Bid #12959-AB Davis & Higinbotham Parks
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work in accordance with the plans, specifications and contract documents, then
this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas
Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions
of said Chapter to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Sur hty&Wgned and sealed this instrument this
13 day of September , 19 94
Witness:
Attest: (If Individual or Firm)
(If Corporation)
BEST RATING t
_}CiiSED IN, (Seal)
DATE /�O�`%`h3Y� (Seal
(Seal)
(Seal)
Principal
MERCHANTS BONDING COMPANY (Mutual)
Surety
w
ByK (Seal)
r
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws
of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of knva, hath made, constituted and
appointed, and does by these presents make, constitute and appoint
David Tate.or Charlene Tate
Of Lubbock and State of Texas Its true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver In Its behalf as surety:
Any or all bonds or undertakings provided that no bond or undertaking
executed under this authority shall exceed in amount the sum of
FIVE HUNDRED THOUSAND ($500,000.00) Dollars
and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutualy and all the acts of said Attorney, pursuant to
the authority herein given, are hereby ratified and confirmed.
This Powerof-Attomey Is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of
the MERCHANTS BONDING COMPANY (Mutual).
ARTICLE 2, SECTION 6. — The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the
Company thereto, bonds and undertakings, reoognizances, contracts of Imdemnityandotherwrftings obligatory In the nature thereof.
ARTICLE 2, SECTION 9. — The signature of any authorized officer and the Seal of the Company maybe 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 fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by Its Vice President and
President, and its corporate seal to be hereto affixed, this 15th day of March A.D., 19 94
Attest: MERCHANTS EIONDING COMPANY (Mutual)
9"'
41
•Pr•.k/•ne Y
STATE OF IOWA
COUNTY OF POLK ss.
.•�alNG.CO'- .•
By
ti
y , 1933
`\•a,.
On this 15th day of March 19 94 , before me appeared M.J. Long and
W.G. Brundage, to me personally known, who being by me duly sworn did say that they are Vice President and Secretary/Treasurer
respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that
the Seal affixed to the said Instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and
sealed in behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affured my Official Seal, at the City of Des Moines, Iowa the day and year first
above written.
STATE OF IOWA
COUNTY OF POLK as.
1
Mm" Public. Polk County, Iowa
My Commission Expires
11-4-95
I,M.J.Long, Vice President of the MERCHANTS BONDING COMPANY(Mutualy do hereby oertifythatthe and
foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said MV7�.' , I+tT !DING
r COMPANY (Mutual), which is stilt M force and effect. '�1�, P .0 •,
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at %. VOR y9.9�
this day of 19, ? _
r
This power of attorney expires December 31, 1995.
pop MSC 0814
r
r
OERTIRCATE OF INSURANCE
7
7
7m
7
I
I
............
e
Fi
✓IISSUE DATE owjowm
. W,
n09/30/94W
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
AVID TATE INSURANCE AGENCY
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOESAMEN
ND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
233 79TH
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COMPANIES AFFORDING COVERAGE
UBBOCK, TX 79424
COMPANY
A
(806) 794-1177
UETrEFlPOTOMAC
OOMIPANY B
LETTm_ FUND
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arcon Enterprises
COMPANY C
arry Anderson 3609 57th
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LETTER BOX 4521
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ubbock TX 79413
LETnM- HOUSTONF TX 77210-4521
(806) 745-5012
COMPANY E
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
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TYPE OF INSURANCE
POUCYNUMSER
M.ICYIEFFECTIVE
DATE RAMIDDIM
MICYOMRATION
DATE PMAIDDIYY)
LwIT3
AL
GENERALUABRM
G04ERALAGGFEGATE
$1000000
KUMICTS�OMPIOPAGQ.
91000000
OOMMEPC3AL GENERAL UASIUTY
CLAIMS mAm=mcm
TPP1095684
01/01/94
01/01/95
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j500000
OWNERS & CONTRACTORS PFIOT.
EACH OCCUKIENCE
$ 5 0 0 0 0 0
FIRE DAMAGE 01W om f1m)
s 50000
U-MEXPENSEWwom
$ 5000
AUTOMOBILE LIABILITY
COMBINED SINGLE
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$
ANY AUTO
500000
BODILY INJURY
ALL OWNED AUTOS
SCHEDULED AUTOS
Oirpe"
HIRED AUTOS
BA0111474
01/01/94
01/01/95
8O[xyIN&w
NON -OWNED AUTOS
(Por 40WdWM
PROPERTY DAMAGE
GARAGE UASIUTY
EXCESS IJAMUTY
EACH OCCURRENCE
$1000000
UMEREIIA FORM
UNDER BINDER
10/01/94
01/01/95
AGGREGATE
$1000000
.. . ....
xxxX
OTHER THAN UMSREUA FORM
B
STATUTORY LIMITS
.... ..
WORKERS COMPENSATION
TSF10586500
12/01/93
12/01/94
EvmACCIDENT
s500000
AND
DISEASE-POLICYUMIT
s500000
EMPLOYERS' IJABIUTY
DISEASE-EAW EMPLOYEE
1111500000
OTHER
DESCRIPTION OF OPEMTIOWS=CATIONSNW==PEClAI. ITEMS
OLICY SUPERCEDES THIS DOCUMENT. EXCLUSIONS, LIMITATIONS AND ENDORSEMENTS
r POLICIES SHALT APPLY TO THIS DOCUMENT.
**AS ADDITIONAL INSURED ON GENERAL LIABILITY**
... ....... . ... ... .. . .. .... ... .. ...
Zity Of Lubbock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
R. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Box 2000 %i' MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Lubbock, Texas 79457 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY t(IND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
RIZEDREPROENTATIVE
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CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 8th day of September, 1994, by and between the City of Lubbock, County
of Lubbock, State of Texas, acting by and through David 11Langston, Mayor, thereunto authorized to do so, hereinafter referred to
as OWNER, and LARCON ENTERPRISES of the City of Lubbock. County of Lubbock. and the State of Texas, hereinafter
termed CONTRACTOR
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #12959 - SECURITY LIGHTING AT A. B. DAVIS AND HIGINBOTHAM PARK FOR $48,131.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction in accordance with the contract documents as defined in the General
Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given
to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the
proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the
year and day first above written.
ATTEST:
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APPROVED AS TO CONTENT:
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ATTEST:
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Corporate Secretary
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CONTRACTOR
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COMPLETE ADDRESS:
3609 57th Street
Lubbock. Texas 79413
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GENERAL CONDITIONS OF THE AGREEMENT
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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.
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: LARCON ENTERPRISES who has agreed to perform
the work embraced in this contract, or to his or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
JOHN WEBB, PARK DEVELOPMENT SUPERVISOR City of Lubbock, under whose supervision these contract
documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other
representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement.
Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not
directly supervise the Contractor or men acting in behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed
F
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if
any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "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.
SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract arith 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.
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 %ill 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.
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative
shall review all work included herein. He has the authority to' stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further
agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction
thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of
" said Contractor. The Owner's Representatives's estimates and findings shall be conditions precedent to the right of the
parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under
this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the
opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with
said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action
may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this'
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's
Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to
arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a
written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work
or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision
within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party
appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time
such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the
materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is
done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance
required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work The
Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so
appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer,
supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the
�. work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
risk in connection therewith shall be bome 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.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of
the terms or obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required
under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Owner's Representative's written
consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also
understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials,
tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be
maintained in a manner satisfactory to the Owner's Representative.
20, SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be
constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's
Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location
wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be
ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any
work should be covered without approval or consent of the Owner, it must, if requested by; Owner or Owner's
Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such
tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
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If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by
the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests,
inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the
requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the
Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's
Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve
the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with
plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full
accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
23. CHANGES AND ALTERATIONS
�.. The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line,
grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof either before or after
the beginning of the construction, without affecting the validity of this contract and the accompanying bond
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and at the unit price established for such work under this contract; otherwise such additional work shall be
paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any
work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for
any material or labor so used, and for any actual loss occasioned by such change, due to acme expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as
provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor
to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to
the Contractor for performing said extra work shall be determined by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then
the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent.
71
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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 1000/a, unless
otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
Contractors of America. Where practical, the terns and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen percent (151/o) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of arty 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
"Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible
with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend,
indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons
or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the
execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to
pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the
Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
7 Contractor or any of his subcontractors.
,W 28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried
' with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection
with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to
r- contract execution.
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
r doing so is to be attached to the Certificate of Insurance.
f
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. This
policy shall be submitted prior to contract execution.
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.
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.
(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.
(S) If policy limits are paid, new policy must be secured for new overage to complete project.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and priviliges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS. LABORERS, MATERIA.LMEN. AND FURTIISBERS OF
MACHINERY. EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment,
power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When
Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow arty indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after
demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the
unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to
discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the
Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be
responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer
or manufacturers is specified or required in these contract documents by Owner, provided, however, if choice of alternate
design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless
from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work
r-
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. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and
time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it
is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be
specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding
of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (One
Hundred) 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. TWE 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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?t 36. EXTENSION OF THAE
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 afler 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
4
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless otherwise specifically provided.In the event this contract is let
on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other
contract documents are intended to show clearly all work to be done and material to be furrdshed hereunder. Where the
estimated quantities are shown for the various classes of work to be done and material to be: furnished under this contract,
they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their
proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to
be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the
project.
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 any process of construction to be undertaken under this agreement, from any
damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the
Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing
!� out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto,
which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all
materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly
performing the same and the whole thereof in the manner and according to this agreement, the attached specifications,
plans, contract documents and requirements of Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at
any time requested during the progress of the work finnish 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 31 st 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
,
f replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written
notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for
�•. faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48. THAE OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any
directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to
such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ARBITRATION
G
All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute.
The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third
chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the
District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party
demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the
decision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter
within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply
the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex
Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless
either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that
each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of
Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY
QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT
TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums
as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable
cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless
otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The
award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or
award.
50. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative,
when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the
Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work arty 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.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
51. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's
Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value
of all work actually completed by said Contractor at the prices stated in the the attached proposal, the value of all partially
completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or
provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor
to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final
statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and
all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner
who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance
shown by said final statement as due the Contractor, under the terms of this Agreement.
52. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160,
Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to
do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so
furnished.
53. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
54. LASSES 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
i
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.
1
CURRENT WAGE DETERMINATIONS
Resolution #2502
January 8, 1987
r- Agenda Item #18
DGV:da
RESOLUTION
WHEREAS, the City Council has heretofore established the general
r• 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
r" 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 LUPBOCK:
THAT the general prevailing rate of per diem wages for public works
• .contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction'Trades
' Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January 1987.
• ' : Ranettd,,.Boyd, City Secretary
APPROVED T. NTENT:
,J.
Bi 1 P,yne, D rector of Building
Services
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
r
Do Id G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air ConditionerInstaller
Air Conditioner Installer -Helper
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -
Heavy .
Light
Floor Installer
Glazier
Insulator, Piping/Boiler
Insulator -Helper
Iron Worker
Laborer, General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder - Certified
}burly Rate
$11.60
8.35
5.50
1050
5.00
11.00
5.50
7.35
8.70
10.50
5.25
8.00
5.70
8.00
7.50
9.50
5.00
7.30
4.75
5.60
8.75
9.25
6.00
7.65
4.75
8.75
5.50
8.'00
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
- S
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
' The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
- r
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.1 1/2`times base rate.
7
SPECIFICATIONS
7
SECTION 01 - GENERAL PROVISIONS FOR ELECTRICAL
PART 1 - GENERAL
1.01 CHECKING DOCUMENTS:
A. The drawings and the specifications are numbered consecutively.
The Contractor shall check the drawings and specifications
thoroughly and shall notify the Owner of any discrepancies or
omissions of sheets or pages. Upon notification, the Owner
will promptly provide the Contractor with any missing portions
of the drawings'or specifications. No discrepancies or
omissions of sheets or pages of the contract documents will
relieve the Contractor of his duty to provide all work required
by the complete contract documents.
1.02 INSPECTION OF SITE:
A. The bidders for the work under these sections of the
specifications shall inspect the existing installations and
thoroughly acquaint themselves with conditions to be met and
the work to be accomplished in removing and modifying the
existing work, and in installing the new work. Failure to
comply with this shall not constitute grounds for any
additional payments in connection with removing or modifying
any part of the existing installations and/or installing any
new work.
1.03 MANUFACTURER'S DIRECTIONS:
A. All manufactured articles shall be applied, installed and
handled as recommended by the manufacturer.
1.04 MATERIALS AND WORKMANSHIP:
A. All materials shall be new unless otherwise specified and of
the quality specified. Materials shall be free from defects.
All materials of a type for which the Underwriters
Laboratories, Inc. have established a standard shall be listed
by the Underwriters Laboratories, Inc. and shall bear their
label.
B. The Owner reserves the right tocall for samples of any item
of material offered in substitution, together with a sample of
the specified materials, when, in the Owner's opinion, the
quality of the material and/or the appearance is involved and
it is deemed that an evaluation of the two materials may be
better made by visual inspection.
C. The Contractor shall be responsible for transportation of his
materials to and on the job, and shall be responsible for the
storage and protection of these materials and work until the
final acceptance of the job. The Contractor shall also be
responsible for the security and protection of any existing
lights on poles that are removed and stored prior to
reinstallation.
D. The Contractor shall furnish all necessary scaffolding, tackle,
tools and appurtenances of all kinds, and all labor required
for the safe and expeditious execution of his contract.
E. The workmanship shall in all respects be of the highest grade
and all construction shall be done according to the best
practice of the trade.
1.05 SUBSTITUTION OF MATERIAL:
A. In general, where a definite material or only one
manufacturer's name is mentioned in these specifications, it
has been done in order to establish a standard. The product of
the particular manufacturer mentioned is of satisfactory
construction and any subtitling must be of quality as good as
or better than the named article. No substitution shall be
made without review by the Owner, who will be the sole judge of
,equality.
B. Lighting fixtures and controls for this project have been
specified as a "no substitute" item in order to maintain
interchangeability with other installations, to maintain
compatible life with City of Lubbock standard warehouse stocks
and to assure compatibility with existing spare parts
inventories,
C. The Contractor shall submit for approval a complete list of the
materials he proposes to use. This list shall give
manufacturers' names and designations corresponding to each and
every item and the submission shall be accompanied by complete
descriptive literature and/or any supplementary data, drawings,
etc., necessary to give full and complete details.
D. Should a substitution be accepted under the provisions of the
conditions of these specifications, and should this substitute
prove to be defective or otherwise unsatisfactory for the
service for which it is intended within the guarantee period,
the Contractor who originally requested the substitution shall
replace the substitute material with the specified material.
1.06 SHOP DRAWINGS:
A. Wherever shop drawings are called for in these specifications,
they shall be furnished by the Contractor for the work involved
after review by the Owner's Representative as to the make and
type of material and in sufficient time so that no delay or
changes will be caused. This is done in order to facilitate
progress on the job and failure on the part of the Contractor
to comply shall render him liable to stand the expense of any
and all delays, changes in construction, etc., occasioned by
his failure to provide the necessary details. Also, if the
Contractor fails to comply with this provision, the Owner
reserves the right to go directly to the manufacturer he
selects and secure any details he might deem necessary and
should there be any charges in connection with this, they shall
be borne by the Contractor.
B. Shop drawings will be reviewed by the Owner for general
compliance with the design concept of the project and general
compliance with the information given in the contract
documents. Review by the Owner and any action by the Owner
in marking shop drawings is subject to the requirements of the
entire contract documents. Contractor will be held responsible
for quantities, dimensions which shall be confirmed and
correlated at the job site, fabrication processes and
techniques of construction, coordination of all trades and the
satisfactory performance of his work.
C. Shop drawings submitted shall not consist of manufacturers'
catalogues or tear sheets there from that contain no indication
of the exact item offered. Rather, the submission of
individual items shall designate the exact item offered and
shall clearly identify the item with the project.
D. All shop drawings shall be submitted at one time and shall
consist of a bound catalogue of all shop drawings under each
section, properly indexed and certified that they have been
checked by the Contractor.
E. The omissions of any material from the shop drawings which has
been shown on the contract drawings or specified, even though
reviewed by the Owner's Representative, shall not relieve the
contractor from furnishing and erecting same.
C 1.07 PROTECTION OF APPARATUS:
A. The Contractor shall at all times take such precautions as may
be necessary to properly protect existing equipment to be
reused or his new apparatus from damage. This shall include
the erection of all required temporary shelters to adequately
protect any apparatus stored in the open on the site.
1.08 PERMITS, FEE, ETC.:
A. The Contractor under each section of these specifications shall
arrange for a permit from the local authority. The Contractor
shall arrange for electric services as required. If any
charges are made by the utility company due to the work on this
project, the Contractor shall pay these charges, including
charges for metering, connection, street cutting, etc. The
Contractor shall pay for any inspection fees or other fees and
charges required by ordinance, law, codes and these
specifications.
B. The Contractor shall protect all existing landscaping, trees,
irrigation systems and park facilities during the construction
of the project. The Owner will provide maps and field location
of all existing underground irrigation, electric, and control
lines. The Owner shall assume no liability for the accuracy of
existing conditions drawings, nor for not indicating existing or
designating existing systems. Should a buried line be damaged,
the Contractor shall be responsible for the repair of the damaged
line with no additional compensation. The repairs should be made
to the Owners satisfaction. If the Owner chooses the Contractor
shall make all repairs available to the Owner for inspection.
Any streets, curbs, sprinkler heads, trees, equipment or
facilities that are damaged by the Contractor shall be repaired by
the Contractor at his own expense.
1.09 LAWS, CODES AND ORDINANCES:
►- A. All work shall be executed in strict accordance with all local,
state and national codes, ordinances and regulations governing
the particular class of work involved, as interpreted by the
r inspecting authority. The Contractor shall be responsible for
r
3. Execution
3.1 Protection
A. Carefully maintain bench ■arks, layout stakes, and other —
reference points.
B. Protect property, including adjoining property and —
public right-of-way, from damage by trucks and
equipment.
C. Protect active utilities to be retained on site, whether
shown on drawings or uncovered during excavation
operations. If damaged, repair at Contractor's
expense, except irrigation quick couplers located --
directly back of curb. These quick couplers will be
salvaged and the lines will be capped off by Owner.
D. Protect existing trees and plant material to be retained
from damage by trucks and equipment.
E. Keep excavations free of water. --
3.2 Demolition & Site Preparation
A. Clearing
1. Remove trash, debris, and other obstructions found
at near existing grade from areas of proposed
structures, walks, curbs, and paving (if
applicable).
2. Contractor shall be responsible for removing
unusable material from site.
B. Grubbing (if applicable)
1. Remove stumps, roots over 2" in diameter, matted
roots and other obstructions found at or below
existing grade from cleared areas.
2. Remove waste materials daily as it accumulates.
3. Comply with applicable codes and ordinances
regardingwaste transportation and disposal.
4. Burning and blasting on site will not be
permitted.
i
3.3 Excavation
A. Excavate to bring areas to grade and subgrades
indicated. Scarify excavated areas occurring under
concrete to a depth of 6", then compact to required
density.
B. Stockpile all excavated material on site; exact location
to be approved by Owner.
C. Contractor to separate top soil and subsoils into two
(2) piles.
3.4 Fill and Backfill
A. Placing: Place material in loose, even successive lifts
not to exceed the following depths: (if applicable).
1. Fill below concrete slabs: Max. 8' high lifts.
2. Site fill and backfill : Max. 120 high lifts.
B. Compaction: Thoroughly and evenly compact each lift to
the following densities:
1. Fill below concrete slabs: Not less than 95%
standard density to at least four (4) feet
outside of slab.
2. Site fill: Not less than 90% standard density.
C. Cushion Sand: Provide uniform, smooth, compacted sand
layer to V depth below site flatwork. Moisten and
compact sufficiently to prevent undue displacement
during the placement of reinforcing and concrete.
D. Moisture Control: When moisture must be added prior to
compaction, uniformly apply water to surface, but do
not flood. Free water shall not appear on surface
during or after compaction operations. Remove and
replace, or scarify air-dry soil too wet to allow
proper compaction.
3.5 Grading
A. Uniformly grade areas, including adjacent transition
areas to smooth surface at required grades and
elevations.
B. Concrete subgrade: Excavate or fill as required to
provide finish grade shown on plans. Shape subgrade
to true and even lines to provide for uniform
thickness of sand cushion.
3.6 Finish Grading
A. Fine grade areas to achieve final contours acceptable to
Owner.
B. Provide uniform roundings at top and bottom of slopes
and other breaks in grade. Correct irregularities and
areas where water will stand. C. Topsoil:
1. Uniformly distribute topsoil to required grades; _
feather back to where grades remain unchanged.
2. Place and compact topsoil in manner conducive to
the growth and maintenance of plant material.
3. Degree of finish shall be that ordinarily
obtainable with blade or scraper operations.
Remove rubbish, vegetation, and rocks over 1
1/20 in diameter. Leave areas smooth and
suitable for establishment of lawns and
planting. Correct irregularities and areas
where water will stand.
3.7 Maintenance
A. Before final acceptance, protect newly graded areas from
traffic, construction and weather damage, washing,
erosion and rutting, and repair such damage that
occurs.
B. Correct settlement below established grades to prevent
ponding of water.
C. Excess stockpiled material to remain on site. Other
material, such as waste, to be removed from site and
leave work in clean finished condition.
3.8 Final Acceptance
A. Site shall be thoroughly inspected by Owner prior to
final acceptance.
B. Any areas needing further grading or other attention
shall be completed to Owner's satisfaction. _
End - of - Section
Cr the final execution of the work under this heading to suit
those requirements. Where these specifications and the
accompanying drawings conflict with these requirements, the
Contractor shall report the matter to the Owner's
Representative, shall prepare any supplemental drawings
required illustrating how the work may be installed so as
r~ to comply and, on approval, make the changes at no cost to
the Owner. On completion of the various portions of the work
the installation shall be tested by the constituted
r, authorities, approved and, on completion of the work, the
r Contractor shall obtain and deliver to the Owner a final
certificate of acceptance.
1.10 TERMINOLOGY:
r A. Whenever the words "furnish', "provide", "furnish and install,'
"provide and install', and/or similar phrases occur, it is the
r, intent that the materials and equipment described be furnished,
installed and connected under this Division of the
Specifications, complete for operation unless specifically
noted to the contrary.
r B. Where a material is described in detail, listed by catalogue
number or otherwise called for, it shall be the Contractor's
responsibility to furnish and install the material.
r C. The use of the word "shall" conveys a mandatory condition to
E the contract.
D. "This section' always refers to the section in which the
statement occurs.
e E. "The project" includes all work in progress during the
construction period.
F. Indescribably the various items of equipment, in general, each
item will be described singularly, even though there may be a
multiplicity of identical or similar items.
iFN
1.11 COOPERATION AND CLEANING UP:
A. The contractor for the work under each section of these
specifications shall coordinate his work with the work
described in all other sections of the specifications to the
end that, as a whole, the job shall be a finished one of its
kind, and shall carry on his work in such a manner that none of
the work under any section of these specifications shall be
handicapped, hindered or delayed at any time.
B. At all times during the progress of the work, the Contractor
shall keep the premises clean and free of unnecessary materials
and debris. The Contractor shall, on direction at any time
from the Owner, clear any designated areas or area of
materials and debris. On completion of any portion of the
work, the Contractor shall remove from the premises: all tools
and machinery and all debris occasioned by the work:, leaving
the premises free of all obstructions and hindrances.
C. Trenching shall not be left open overnight. Trenching shall
only be performed to the extent that it can be completed and
back -filled during the same day. Any trenches that must remain
open overnight shall be barricaded and lighted with approved
flashing lights to prevent injury to park users or pedestrians.
1.12 SALVAGE MATERIALS:
A. The Contractor shall remove existing equipment, piping, duct,
conduit, wire, junction boxes, light fixtures and other items
associated with the electrical systems where shown on the
drawings. Where such items are exposed to view or uncovered
has no continuing function (as determined by the Owner), they
shall be removed by the contractor. '
B. Existing items (see above) where concealed which is not
disturbed, abandon in place, Plug, cap, disconnect or
otherwise render harmless all such items.
C. All items or materials removed from the project shall be made
available for the Owner's inspection. The Owner retains the
option to claim any item or material. Contractor shall deliver
any claimed item or material in.good condition to the place
designated by the Owner. The Owner will claim all poles, bull
horns and light fixtures in good condition. All items not claimed
become the property of the contractor and shall be removed from
the site.
1.13 GUARANTEE:
A. Unless a longer guarantee is hereinafter called for, all work,
material and equipment items shall be guaranteed for a period
of one year after acceptance by the Owner. All defects in
labor and materials occurring during this period, as'determined
by the Owner, shall be repaired and/or replaced to the
complete satisfaction of the Owner. Guarantee shall'be in
writing and in triplicate.
1.14 COMPLETION REQUIREMENTS:
A. Before acceptance and final payment the Contractor shall
furnish:
1. Accurate record drawings, shown in red ink on blue line
prints furnished for that purpose all changes from the
original plans made during installation of the work.
Drawings shall be filed with the Owner when the work
is completed.
2. All manufacturers' guarantees.
3. All operating manuals.
4. Guarantees
1.15 CONTRACTOR'S RESPONSIBILITY FOR FINAL INSPECTION. -
A. Before calling for the final inspection, the Contractor shall
carefully inspect his work to be sure it is complete and
according to plans and specifications.
1.16 EXISTING UTILITIES:
A. The Owner will provide the Contractor with plans of the
existing irrigation system and will assist the Contractor in
locating and flagging existing water lines, sprinkler heads,
conduit, etc.. However, the plans shall not be construed as
certified survey drawings. The Owner shall assume no liability
for the accuracy of the existing conditions drawings nor for not
indicating or designating existing systems.
r,
r.
B. The Contractor shall assume all responsibility for the location
of all existing utilities. Care shall be taken in the
excavation for installation of new work. Damage to existing
i systems shall be repaired by the Contractor with no additional
cost to the Owner.
s
END OF SECTION 01
i
SECTION 02 - RACEWAYS AND FITTINGS
PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and Supplemental
Conditions.
1.02 SUBMITTALS:
A. Submit manufacturer's data on all materials.
1.03 SCOPE:
A. The work shall include furnishing and installing all rigid
steel and flexible metallic conduit, intermediate metallic
conduit, electrical metallic tubing, polyvinyl chloride
conduit, wireways, pull and junction boxes and outlet boxes,
together with all supporting devices and other accessories
required.
PART 2 - PRODUCTS:
2.01 CONDUITS:
A. Rigid Steel Conduit: Rigid, threaded, thick -wall; galvanized
inside and outside or galvanized outside with a protective
coating inside; UL listed and labeled according to Standard
UL6; conforming to ANSI Standard C80.1; Pittsburgh, Republic
Steel, Robroy or Allied.
B. Flexible Metal Conduit: Spirally wound with hot dip galvanized
steel strips (commercial Greenfield); conforming to UL Standard
UL 1 and UL listed and labeled; Triangle Conduit and Cable
Company, or equivalent.
C. Liquidtight Flexible Metal Conduit: Spirally wound with hot dip
galvanized steel strips as for flexible metal conduit; with
polyvinyl chloride cover extruded over the exterior to make
conduit liquidtight; UL listed; Electri-flex type "LA" or
equivalent.
2.02 CONDUIT FITTINGS:
A. Couplings and Terminations for Rigid Steel Conduit: Factory
made steel threaded couplings; bushing at all boxes and
cabinets, with locknuts inside and outside box or cabinet.
B. Couplings and Terminations for Electrical Metallic Tubing:
Join lengths of EMT with steel compression type couplings and
connectors where exposed to the weather or in wet locations.
Otherwise use steel, set -screw couplings and connectors. The
connectors shall have insulated throats or a smooth interior so
as not to damage the insulation during wire pulling operations.
C. Couplings and Terminations for Flexible Metal Conduit: T & B
440 Series couplings at connections between flexible and rigid
conduit; T & 8 3110 or 3130 Series nylon insulated throat,
steel connectors at box or cabinet terminations.
D. Couplings and Terminations for Liquidtight Flexible Metal
Conduit: T & 8 5271 Series adapters at connections between
flexible and rigid conduit; T & B 5331 Series nylon insulated
throat, steel connectors at box or cabinet terminations.
2.03 PULL BOXES AND JUNCTION BOXES:
A. Sheet steel, galvanized inside and outside, with galvanized
covers.
B. Small Boxes: For boxes where the volume required is not over
100 cubic inches, use standard outlet boxes.
C. Larger Boxes: For boxes where the volume required is over 100
cubic inches, use cabinets as specified for panelboard cabinets
with covers of same gauge as boxes, secured with corrosion
resistant bolts or screws.
PART 3 - EXECUTION
3.01 INSTALLATION OF BUILDING RACEWAYS:
A. All wiring of every description.shall be run in conduit or
electrical metallic tubing unless noted or specified otherwise.
Conduits may be run exposed in machinery and electrical rooms
and unfinished areas. All other conduits shall be run
concealed unless otherwise noted. All exposed runs shall be
installed parallel to the surface of the building in a neat and
orderly manner.
B. Types: All conduits installed in wet or damp locations, or on
roofs shall be rigid galvanized steel conduits. Above grade
interior conduits shall be rigid galvanized steel conduits, or
EMT. In sizes up to and including 1-1/2% electrical metallic
tubing may be used in dry locations where not subject to
mechanical damage. EMT may be used in air conditioned spaces,
such as accessible ceilings, dry wall partitions and exposed
where 6',above the floor. EMT shall not be used outside, in
concrete, underground, in under floor spaces, in masonry walls,
in locations likely to be damp, or exposed within 6' of the
floor. Conduits installed below grade in slabs or buried in
earth shall be PVC or rigid galvanized steel.
C. Sizes: Size and install raceways so that conductors may be
drawn in without injury or excessive strain. Make field bends
with approved bending devices. Do not install bends or offsets
in which conduit is crushed, deformed or otherwise injured.
Sizes of conduits shown on the drawings are minimum sizes to be
installed.
D. Connections: Use lengths of flexible metal conduit, not less
than 121 long at final connections to all motors, generators,
controls and other devices subject to movement because of
vibration or mechanical adjustment. Use flexible metal conduit
also at connections to recessed lighting fixtures, and
elsewhere as required. In damp or wet locations, and where
installed outdoors, use liquidtight flexible metal conduit.
E. Around Heat Producing Equipment: Do not install raceways
within 3" of steam and hot water pipes, breaching and flues,
except where crossings are unavoidable, and then keep raceways
at least l" from insulation on the pipe, breaching or flue
crossed. Wherever possible, avoid installing raceways directly
above or in close proximity to boilers and other like objects
r
i
717
operating at high temperatures.
F. Damp or Wet Locations: In damp or wet locations make every
effort to avoid installing raceways in a manner which will
r'
create moisture traps. Where they must be so installed, seal
both ends of raceways with an approved sealing compound to
prevent"breathing" and moisture condensation within the
r
raceways.
G. Different Systems: In systems operating at more than 300 volts
between phase conductors, where different phase conductors are
to be run to a common gang wall switch box, install a separate
conduit for each different phase wire and its return switch
leg, and provide substantial barriers between adjacent switches
in the box so that two different phase wires will not be the
r
same compartment.
H. Joining Rigid Conduits: Join with threaded couplings. Ream
out all conduit ends after threading. Secure rigid conduits at
r.,
panel boxes, junction boxes, pull boxes, switchboards,
support boxes, or sheet metal outlet boxes by galvanized
locknuts, inside and outside, with insulating bushing inside.
Unthreaded set screw type couplings or connectors are not
acceptable in rigid conduit systems. No running threads shall
be used anywhere in conduit systems.
I. Protection of Raceways: Seal ends of all raceways with blank
r-
discs ("pennies"), push pennies or other approved closures
r
during construction. Do not pull any conductors into raceways
until all plastering in the vicinity is completed. Swab out
all raceways before pulling in conductors.
r"
J. Penetrations: Wherever raceways pass through floors, walls
partitions, etc., carefully fill any space between the outside
of the raceway and the building material to prevent passage of
air, water, smoke and fumes. Filling material shall be fire
C
resistive and, in general, similar to the basic building
materials through which the raceway passes.
3.02 CONDUIT SUPPORTS:
A. Support spacing: Use minimum spacing as directed by National
Electrical Code, but space hangers more closely where required
7
by conditions.
B. Vertical conduit risers: Support vertical conduits at each
floor by means of riser clamps or U-bolts, clamping them to a
steel channel bridging the opening in the floor.
C. Individual Conduits: Support conduits running vertically or
horizontally with galvanized malleable iron one hole clamps.
Carry individually supported horizontal conduits 1-1/4" and
larger on Kindorf No. 150 or Steel City No. C-149 hangers. Use
no perforated strap iron as hanger material. Where conduits
smaller than 1-1/4" are installed above metal lath and plaster
�^
ceilings or mechanically suspended dry ceilings of the non -
removable type, they may be supported on ceiling runner
channels. Where conduits smaller than 1-1/4" are installed
r.
above removable ceilings, attach them to the structure or bar
Joists (where present) or support them on threaded hanger rods
with clips. Do not use any wire to support conduits or to
attach conduits to supporting member. Locate conduits a
r-
sufficient distance above the ceiling to permit removal of the
ceiling panels. Locate them so as not to hinder access to
mechanical and electrical equipment through the ceiling panels.
D. Multiple Conduits: Where multiple raceways are run
horizontally at the same elevations, they may be supported on
trapezes formed of sections of Unistrut angle iron or channels
suspended on rods or pipes. Size trapeze members including the
suspension rods for the number size and loaded weight of the
conduits they are to support. Space them as required for the
smallest conduit supported.
3.03 INSTALLATION OF OUTLET BOXES:
A. Usage: Provide at each outlet or device of whatever character
a metal outlet box in which conduits shall terminate.
B. Boxes recessed in construction: Sheet steel boxes.
C. For Lighting Fixture Outlets: 4" octagonal by 1-1/2" minimum
depth with 3/8" fixture stud for incandescent lights which are
surface mounted, wall mounted or suspended.
D. For Wall Switches, Receptacles and Communications Use: Use
4"x4" size with proper square cornered tile wall cover, plaster
cover, or finishing plate, except where construction will not
permit or the device requires a larger box.
E. Wall Mounted telephone Outlet Boxes: 4-11/16" square by 2-1/8"
deep, unless otherwise noted or unless wall construction
requires a smaller box.
F. Boxes for exposed Work: Cast metal boxes.
G. Boxes for Outdoors: Cast metal boxes with gasketed covers.
3.04 INSTALLATION OF PULL AND JUNCTION BOXES:
A. Sizing: Size all pull and junction boxes in accordance with
NEC, using larger sizes than required by code where job
conditions so indicate.
B. Mounting: Fasten all boxes securely to the building
construction, independent of Conduit systems. On concealed
conduit systems where boxes are not otherwise accessible, set
box covers flush with finished surfaces for access.
C. Identification of Pull and Junction Boxes: Each pull and
Junction box shall be labeled with indelible ink to indicate
the wiring contained inside the box. The label shall indicate
the panel and circuit number of the wiring contained. The
cover plates of boxes serving emergency circuits shall be
painted red. Boxes serving other systems shall be indicated by
name (Fire Alarm, P.A., Telephone, Data Cable, Nurse Call,
Etc.)
END OF SECTION 02
SECTION 03 - UNDERGROUND ELECTRICAL DUCT
PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and Supplemental
Conditions.
1.02 SUBMITTALS:
A. Submit manufacturer's data on all materials.
1.03 SCOPE:
A. The work shall include furnishing and installing all
r underground electrical duct and direct burial conduit, together
with all other accessories required.
PART 2 - PRODUCTS:
2.01
CONDUITS:
A.
Underground Plastic Conduit: Type 40, heavy wall, high impact
rigid virgin polyvinyl chloride (PVC) conduit and fittings,
conforming to NEMA Publications TC2 and TC3 and UL listed for
direct burial use; Carlon or equivalent.
B.
Rigid Steel Conduit: As specified under Raceways and Fittings.
C.
PVC Coated Steel Conduit: The conduit before coating shall
conform to UL Standard UL6 and ANSI Standard C80.1. The
conduit after coating shall meet NEMA Standard C80.1. The
conduit after coating shall meet NEMA Standard TN1-1974. The
polyvinyl chloride coating shall be bonded to the galvanized
r-
outer surface of the conduit. The coating shall be a minimum
of .020 inches (20 mil). A loose coupling shall have a PVC
i
coating bonded to the outer surface with a PVC sleeve extending
from both ends such that when the coupling and conduit are
joined there shall be no exposed metal.
2.02
PULLBOXES:
A.
Pullboxes for underground lighting circuits shall be buried,
fiberglass type with a bolted on cover. Boxes shall be equal
to Carson Industries Model 1491-13B.
PART 3 - EXECUTION
3.01 EXCAVATION:
A. Perform all excavation work required in connection with the
installation of the work under this Division. After the
electrical work has been installed, tested and approved,
backfill all excavations with suitable material. Include the
cutting of all sidewalks, streets and other pavement and
repairing the openings in them to return to the surface to
approximately its original condition.
B. Perform all excavations of every description of whatever
substances encountered and to the depths required for
installation of the work under this Division.
7
C. During excavation, stack material suitable for backfilling in
an orderly manner a sufficient distance from the banks of the
trenches to prevent slides or cave-ins. Remove all excavated
material not required or suitable for backfill, or waste as
directed. Control grading to prevent surface water from
flowing into excavations and remove any water accumulating
therein by pumping.
D. Use open cut grading and make trenches of the necessary width
for proper installation of the lines with banks as nearly
vertical as possible.
E. Grade the bottom of trenches accurately to provide uniform
bearing and support for conduit or duct on undisturbed soil at
every point along its entire length.
F. Refer to Section 16000 for the protection and location of
existing irrigation, control, and electric lines.
3.02 BACKFILLING:
A. Carefully backfill trenches with earth, sandy clay, sand
and gravel, soft shale or other approved material free from
large clods of earth or stone, deposited in thoroughly and
carefully rammed 6-inch layers. Do not use blasted rock,
broken concrete or pavement, or large boulders as backfill
material. Settling the backfill with water will be permissible
and will be requirement when so directed. Re -open any trenches
improperly filled or where settlement occurs to the depth
required for proper compaction, then refill, mound over and
smooth off.
B. Backfill open trenches across roadways or other areas to be
paved as specified above except that the entire depth of trench
shall be backfilled in 6-inch layers, each layer moistened and
compacted to a density of not less than 95% Standard Proctor in
such manner as to permit the rolling and compaction of the
filled trench together with the adjoining earth to provide the
required bearing value and permit paving of the area
immediately after backfilling is completed. Along all other
portions of the trenches, grade the ground to a reasonable
uniformity and leave the mounding over the trenches in a
uniform and neat condition.
3.03 OPENING AND CLOSING PAVEMENT:
A. where excavation requires the opening of existing walks,
streets, drives or other existing pavement, including "black
topping,' cut the pavement as required. Hold the size of the
cut to a minimum consistent with the work to be accomplished.
After the installation of the new work is completed and the
excavation has been backfilled patch the paving using materials
to match those cut out. Take care that the patches are level
with the original surfaces and thoroughly bond with them.
3.04 INSTALLATION OF CONCRETE ENCASED CONDUITS:
A. Use plastic conduits as specified, installed with steel
reinforced concrete encasement, with a minimum of 6' of
concrete between conduits. Provide at least 30 inches of cover
from top of concrete encasement to finished grade.
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B. Support conduits completely in the trench before any concrete
is poured, using factory -fabricated plastic conduit spacers in
staggered configuration to provide the proper horizontal and
vertical spacings, and securing the entire assembly with heavy
twine or cord to insure rigidity during pouring.
C. Fabricate duct runs with standard factory -made fittings, elbows
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and accessories.' Make all changes of 'direction, horizontal or
vertical, with long sweep bends having a, minimum radius of 25
feet except that manufactured bends at or near the ends of the
runs may be used on short runs of 100 feet or less. Make long
sweep bends with one or more curved or straight sections of
duct. Manufactured bends, where permitted, shall have a minimum
radius of 10 times the nominal duct diameter. Where
manufactured ducts of greater than a 30 degree angle are
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required, use rigid hot dipped galvanized steel conduit bends.
During construction, protect partially completed duct lines
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from entrance of dirt and debris by means of suitable factory -
made duct plugs. After completion of installation, seal all
ends of spare ducts with factory -made duct plugs.
D. Install the concrete envelope for a given duct run in one pour
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where possible. Use concrete of 3000 psi compressive strength.
In pouring concrete, do not allow heavy masses of concrete to
fall on ducts. Direct flow of concrete down sides of assembly
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to bottom, forcing it to flow to center of bank and then to
rise up in middle, filling all spaces uniformly. Spade
concrete liberally and carefully with a long, flat slicing bar
between vertical rows to eliminate voids. Weight or brace the
duct bank assembly if necessary, to prevent the assembly from
floating. Because of the fact that plastic conduits may expand
considerably during construction, each run and its concrete
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envelope shall be installed starting at one end and proceeding
toward the other with any necessary adjustments to length being
made at the end toward which the work is progressing.
3.05 INSTALLATION OF UNDERGROUND PLASTIC CONDUIT:
A. Install at least 30 inches below finished grade unless noted to
the contrary. Assemble and install raceways in accordance with
manufacturer's instructions. Make joints with couplings and
solvent cement. Fabricate bends of 30 degrees or more with
factory -made elbows, or make field bends with proper heating
equipment. Bends showing signs of overheating or flattening
are unacceptable. Ream ends of all conduit before joining.
B. "Snake' plastic conduit in trench, from side to side, with a
complete cycle every 40 feet to allow for expansion and
contraction. Maintain this configuration during backfilling.
C. Where conduit turns up out of earth, or floor slabs, change
from plastic to rigid galvanized steel conduit below grade and
outside of such structures. Do not extend any plastic conduit
above grade. Wrap all steel conduits and fittings buried in
earth as specified elsewhere herein, or use PVC coated steel
conduits.
3.06 INSTALLATION OF UNDERGROUND STEEL CONDUIT:
A. All steel conduit in earth shall be rigid galvanized steel
conduit. Wrap such conduit with 3M Company 0.020 inch thick
No. 51 "scotchrap" vinyl plastic tape, half lapped to give a
double thickness wrap. Remove all oil, grease and dirt from
conduit with a suitable solvent, and clean and dry 'conduit
before wrapping. If conduit is pre -wrapped in the shop and
then cut and joined on the job, wrap all joints on the job,
overlapping pipe wrapping'3" on both sides of joints.
3.07 INSTALLATION OF PVC COATED CONDUITS:
A. During installation, visually examine the conduit for cuts.
Patch these areas with a paste containing a PVC solvent
obtained from the conduit manufacturer. The patch shall be
built up to the original thickness of the coating and feathered
out on all sides of the damaged area a minimum of 1/2 inch to
provide a complete bonded seal over the damaged area.
END OF SECTION 03
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SECTION 04 - CONDUCTORS
PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and Supplemental
Conditions.
1.02 SUBMITTALS:
A. Submit manufacturer's data on all materials.
1.03 SCOPE:
A. The work shall include the furnishing of all conductors,
together with all splices, connections, identification,
including pulling devices.
PART 2 - PRODUCTS
2.01 CONDUCTORS (600 VOLTS AND UNDER):
A. Type: Soft drawn, annealed copper, UL listed, rated at 600
volts, continuous without weld, splice or joint, uniform cross-
section, free from flaws, scale and other imperfections;
Okonite, Triangle, Anaconda or Simplex. No. 8 and larger shall
be stranded; No. 10 and smaller shall be solid.
B. Insulation: Branch circuits shall have type THW or THWN
insulation unless the type is specifically designated or
specified. Service feeders shall by type THW or THWN. Feeder
circuits shall be Type THW or THWN.
C. Circuits Subjected to High Temperatures: Type THHN or THWN
conductors for wiring in proximity to boilers, and for motors
and devices subject to high temperature because of high ambient
temperature or convection or radiant heat.
D. Lighting Fixture Conductors: Type and size approved by the NEC
for the purpose.
2.02 JOINTS AND SPLICES:
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A. Stranded Copper Conductors: UL approved solderless bolted
pressure connectors or Thomas and Betts Series 54000
compression connectors. All connectors shall be of proper
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sizes to match conductor sizes. All compression connectors
shall be applied with properly sized dies and tools. Split -
bolt connectors are not acceptable.
B. Stranded Aluminum Conductors: UL approved (AL/CU) solderless
bolted pressure connectors. All terminal lugs and connectors
shall be aluminum bodies and UL listed AL/CU. Equipment
suppliers shall be instructed to supply equipment with aluminum
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compatible terminations. Compression type lugs shall be used
wherever space permits, two hole lugs for t2/0 AWG and larger,
one hole for fI/O AWG and smaller. If incompatible mechanical
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lugs are installed in vendor supplied equipment, they shall be
by type lugs if If
replaced compression space permits. not, a
short length of copper conductor shall be pigtailed to the
aluminum conductor with a UL listed AL/CU aluminum alloy
compression type splice connector sized for the conductor.
C. Solid Copper Conductors: UL approved solderless bolted
pressure connectors; or UL approved electrical spring
connectors of 'Scotchlok", Ideal or T & B "Piggy" make. All
connectors shall be of proper sizes to match conductor sizes.
Split bolt connectors are not acceptable.
2.03 COLOR CODING:
A. Use standardized color -coding of conductors throughout. All
color coding shall be continuous for the entire length of the
conductors, and shall be permanent and readily distinguished
after installation. In cases where the specified colors of
insulated wire and cable are unavailable, such conductors shall
be color -coded, as specified above, by means of Brady, or
equivalent, slip-on colored plastic sleeves or plastic tape at
all pull boxes, support boxes, outlet boxes, panelboards, and
other terminal and splicing points.
B. Neutral conductors shall be white or natural grey. Grounding
conductors shall be green, or green with one or more yellow
stripes.
C. Phase conductors shall be black, red and orange for phases A,B,
and C respectively in the 240 volt system.
PART 3 - EXECUTION
3.01 WIRE PULLING:
A. Provide suitable installation equipment for pulling conductors
into raceways or conduits. Use ropes of polyethylene, nylon or
other suitable material to pull in conductors. Attach pulling
line to conductors by means of woven basket grips or by pulling
eyes attached directly to conductors. All conductors to be
installed in a single conduit shall be pulled in together.
Pull no conductors into conduits until all work of a nature
which may cause injury to conductors is completed. Use an
Underwriters' listed cable pulling compound where necessary.
B. Cable Lubricants: All cable lubricants shall be UL listed, and
shall be certified by their manufacturer to be non-injurious,to
the insulation on which they are used.
C. Pulling Devices in Empty Raceways: Provide in every empty
raceway, not containing conductors to be installed by this
Contractor, a suitable pull line to facilitate future
installation of wiring. Lines shall be free from splices and
shall have ample exposed length at each end. Identify each end
of each line with a linen tag bearing complete information as
to the purpose of the raceway and the location of its other
end. All lines shall be nylon or polyethylene cord with a
tensile strength not less than 200 pounds.
3.02 INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER):
A. Feeders: Run all feeders their entire length in continuous
pieces without joints or splices, insofar as practicable. Make
joints in branch circuits only where circuits divide as shown
on drawings. Such joints shall consist of one through circuit
to which shall be spliced the tap circuit.
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B. Branch Circuits: Not more than one power or lighting circuit
shall be installed in a single conduit, except that one 3-wire
circuit or one 4-wire circuit consisting of 2 different phase
wires and a common neutral or 3 different phase wires and a
common neutral may be installed in a single conduit. This
provision shall not prohibit the installation in a single
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conduit of all conductors of a circuit with three- and four-way
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switching.
C. Sizes: No wire shall be smaller than No. 12 except for signal
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or control circuits, and except for individual lighting fixture
taps as permitted by the National Electrical Code.
D. Receptacle and Motor Branch Circuits: No. 12 conductors unless
noted or scheduled otherwise.
E. Joints and Splices: Make joints and splices only where
necessary and only at outlet boxes and pull boxes. All joints
shall be mechanically and electrically secure. After a joint
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or splice is complete, insulate it with Okonite rubber tape,
and Manson friction tape to make the insulation of the joint or
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splice equal to that of the conductor. In lieu of this, 3M
Company's "Scotch" No. 33 vinyl plastic tape may be used if
applied in at least four layers (half lapped in two
directions), with all larger splices, terminals, sharp corners
and voids being first protected by application of
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"Scotchfil" insulating putty.
F. Conductor splices in wet locations shall be made in accordance
with the conductor manufacturer's recommendation.
G. Joints in Aluminum Conductors: Prepare the cable by brushing
then apply an oxide -inhibiting joint compound (penetrax) before
the body of the connector or lug before compressing. Provide
spring cup Bellevile washers on all bolted connections to assure
proper terminations to avoid conductor creeping, loosening, or
oxidization.
H. Cable Supports and Boxes: Install cable supports and boxes for
Code requirements. Boxes shall be of heavy galvanized steel plate
construction, not less than No. 10 USS gauge, riveted to an angle
iron frame. Removable box covers shall be secured with corrosion -
resistant screws. For cables without a metallic sheath, cable
supports shall be of the split wedge type which clamps each
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conductor firmly and lightens due to the Wright of cable. For
cables with metallic sheath, a basket weave of equal type of
support shall be provided as approved by the cable! manufacture.
END OF SECTION 04
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I
k SECTION 05 - CIRCUIT AND MOTOR DISCONNECTS
.. PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements and Supplemental
Requirements.
1.02 SUBMITTALS:
A. Provide complete catalog date and drawings on all items of
equipment.
1.03 MANUALS:
A. Include all submittal data in the operation and maintenance
manuals.
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A. Provide all labor, material, equipment, and service necessary
for and incidental to the complete electrical distribution
system.
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PART 2 - PRODUCTS
2.01 DISCONNECT SWITCHES:
A. Unless otherwise noted or required, all disconnect switches
shall be UL listed and shall meet NEMA Standard KS1-1983 for
Type HD heavy duty switches. Switches shall be unfused unless
noted otherwise; quick make, quick break; in NEMA 3R
enclosures if exposed to the weather; elsewhere in NEMA 1
general purpose enclosures unless special enclosures are
required. All motor circuit switches shall be horsepower
rated.
B. Switches shall be of General Electric, Square D, Westinghouse
or ITE manufacture, equivalent to General Electric Type TH
quick make, quick break switches.
C. Where space does not permit use of the above specified
switches, such as within weatherproof fan housings, etc., use
suitable horsepower rated tumbler switches as unfused
disconnects; General Electric Type RB or equivalent.
D. Where disconnect switches are used to disconnect starters,
provide auxiliary poles in switches as required to disconnect
all auxiliary control circuits in starters.
END OF SECTION 05
SECTION 06 - ELECTRICAL SERVICE
PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and the Supplemental
Conditions.
1.02 SUBMITTALS:
A. Submit for review catalog data and drawings for all equipment
items proposed for use under this Section. --
1.03 SCOPE
A. This section of the specifications pertains to all labor,
material and equipment for the complete electrical service for
each pole and timers.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Underground Ducts: As specified under UNDERGROUND ELECTRICAL
DUCTS.
B. Underground Plastic Conduit: As specified.under UNDERGROUND
ELECTRICAL DUCTS.
C. Secondary Service Conductors: As specified under CONDUCTORS. _
PART 3 - EXECUTION
3.01 SERVICE CONNECTIONS:
A. New and renovated light systems should be installed and connected
into the existing system. _
3.02 METERING:
A. Metering is supplied in existing system.
3.0 SYSTEMS OF WIRING:
A. Electrical Service: Combined 120/240 volts, single phase, 3
wire, 60 Hz. service for lighting and power.
B. Feeders: 120/240 volts, single phase, 3 wire.
C. Branch Circuits: 2 or 3 wire as is most convenient for the
contractor, or as required to properly serve the load.
D. Excavation and Backfilling: As specified under RACEWAYS AND
FITTINGS.
E. Installation of Underground Ducts: Install as specified under
UNDERGROUND ELECTRICAL CONDUIT.
F. Installation of Underground Plastic Conduit: Install as
specified under UNDERGROUND ELECTRICAL DUCTS.
G. Installation of Underground Steel Conduit: Install as
specified under UNDERGROUND ELECTRICAL DUCTS.
END OF SECTION 06
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SECTION 07 - GROUNDING
PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and Supplemental
Conditions.
1.02 SUBMITTALS:
A. Submit manfacturer's data on all products.
1.03 SCOPE:
PM A. Furnish and install the various grounding systems outlined
herein in accordance with the National Electrical Code.
PART 2 - PRODUCTS
2.01 MATERIALS:
A. Products for grounding systems are specified elsewhere herein.
PART 3 - EXECUTION
3.01 SERVICE AND EQUIPMENT GROUNDING:
A. Provide adequate and permanent service neutral and equipment
grounding in accordance with the National Electrical Code, and
subject to the following additional requirements.
B. Connect the service ground and equipment ground to a common
point within the metallic enclosure containing the main service
disconnecting means. From the common point of connection of
the service ground and equipment ground, run in conduit a
combined service and equipment grounding conductor without
joint or splice to the grounding electrode and connect it
thereto with an approved bolted pressure clamp. Clean all
contact surfaces thoroughly before connection, to assure good
metal to metal contact. Bond the conduit to the grounding
conductor at each end. The grounding electrode which shall be
10' long by 3/4 inch diameter copper clad steel ground rod.
C. Size grounding conductors in accordance with National
Electrical Code Tables 250-94 and 250-95.
3.02 GROUNDING RACEWAYS:
A. Assure the electrical continuity of all metallic raceway
systems, pulling up all conduits and/or locknuts wrench tight.
Where expansion joints or telescoping joints occur, provide
bonding jumpers. Where flexible metallic conduit is employed,
provide a green -insulated grounding jumper installed in the
flexible conduit. Install a separate green -insulated conductor
r. in each nonmetallic conduit.
B. Provide grounding bushings on all service and feeder raceways
terminating within switchboards, motor control centers,
panelboards, cabinets and all other enclosures. Provide grounding
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conductors from such bushings to the frame of the enclosure and to
the ground bus or equipment grounding strap. Size grounding
conductors in accordance with NEC Table 250-95.
3.03 EQUIPMENT GROUNDING CONDUCTORS: _
A. 'Provide a separate, green -insulated copper grounding conductor,
with insulation of the same rating as phase conductors, for
each feeder and for each branch circuit indicated.Install the
grounding conductor in the same raceway with the related phase
and neutral conductors, and connect the grounding conductor to
pull boxes or outlet boxes at intervals of 100 feet or less.
Where paralleled conductors in separate raceways occur, provide _
a grounding conductor in each raceway. Connect all grounding
conductors to bare grounding bars in panelboards, and to ground
buses in service equipment to the end that there will be an
uninterrupted grounding circuit from the point of a ground
fault back to the point of connection of the equipment ground
and system neutral. Size all of these grounding
conductors per NEC Table 250-95. —
END OF 07
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SECTION 08 - LIGHTING
PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and Supplemental
Conditions.
1.02
SUBMITTALS:
A.
Submit for review manufacturer's catalog data and drawings on
all interior and exterior lighting fixtures with separate sheet
for each fixture 'assembled by Luminaire "Type" in alphabetical
order, with the proposed fixture and accessories clearly
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labeled. Ballast',and lamp data shall accompany fixture
submittals. Submit dimensioned drawings and performance data
including coefficients of utilization, candela distribution,
spacing to mounting height ratio, efficiency and visual comfort
probability.
1.03
SUBSTITUTIONS:
A.
Flood lights and controls are specified as "no substitute"
items. Refer to Section 01 these items.
regarding
1.04
SCOPE:
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A.
This section pertains to all labor, material, equipment and
services necessary for and incidental to the complete lighting
system as shown on the drawings and specified herein.
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PART
2 - PRODUCTS
2.01 LIGHTING CONTACTORS (ELECTRICALLY HELD):
A. Lighting contactors shall be electrically held, type especially
designed to switch the current to incandescent filament,
fluorescent, mercury lamps, and other non -motor loads.
Contactors shall be rated as noted on the drawings and, unless
noted otherwise, shall be in a NEMA 1 housing. Coils shall be
suitable for operation on 120 volts and shall be operated from
momentary or maintained contact devices.
B. Contactors shall be Square D, Class 8903, no substitute.
2.02 TIME SWITCH:
A. Time switches shall be powered by a self-starting synchronous
motor and shall have a NEMA 1 enclosure. Time switches shall
be Tork Model M-1101, no substitute.
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2.03 FLOODLIGHTS:
A. General area lighting floodlights shall be 400'watt, high`
pressure sodium, NEMA 1x6 distribution, with multitap ballast
set for 240 volt operation. The fixture housing shall be die-
cast with dark bronze finish and a removeable ballast.panel that
is interchangeable with those currently stocked by the Owner.
Floodlights shall be Hubbell #MVK-04005-268 with model MVMG-2 mesh
guards, no substitute.
2.04 POLES AND ACCESSORIES:
A. Area lighting poles shall be square tapered steel, 30 feet tall,
capable of supporting 10.0 square feet of fixture wind load in a
100 MPH wind with gusts to 130 MPH. Poles shall have an 8" X 8"
square bottom, 4" X 4" square top, and a 2-3/8" O.D. tenon top.
The pole shall have a dark bronze painted finish, anchor bolts,
anchor bolt template, and two nuts and washers per bolt. Poles
shall be equal to Hubbell #STS 630.
B. Area floodlight poles shall be furnished with two, three, or four
fixture mounting brackets as required. Brackets shall be equal to
Hubbell #THB-21, THB-31, or THB-41.
C. An additional adaptor will be needed to affix the round mounting
brackets to the square tenon top. The adaptor shall be equal to
the Hubbell SSP-4.
2.05 PHOTOCELLS:
A. Photo electric controls shall be 120 volt, weatherproof units
with a Nema twistlock base, internal metal oxide surge arrester
and encapsulated cadmium sulfide cell.
3.01 OUTDOOR LIGHTING CONTROL:
A. Area lighting contactors shall be turned on by ,photocell and
off by time clock.
3.02 AIMING:
A. The Contractor shall be responsible for aiming all new lighting
fixtures. In general, the aim points for new lighting fixtures
are shown on the drawings. However, the exact aim point shall
be coordinated with the Owner's representative and adjustments
shall be made at no additional cost to the Owner.
END OF SECTION 08
SPECIAL CONDITIONS
OWN
K63
NOTICE OF ACCEPTANCE
7 The City of Lubbock, having considered the proposals submitted and opened on the day of
199_, for work to be done and materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock, it appearing that
your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City
Council of the City of Lubbock on the day of 199 at the bid price contained therein, subject to the
�^ execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and
required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of
Lubbock all such documents within ten (10) days from your receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract
documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such
contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representative
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