HomeMy WebLinkAboutResolution - 3362 - Contract - Wallace Sprinkler Company - Irrigation, Kingsgate Park - 04_26_1990Resolution # 3362
April 26, 1990
Item #25
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and'is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by and
between the City of Lubbock and Wallace Sprinkler Company for Kingsgate Park
Irrigation, attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be
a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
anet/te Boyd, city secretary
APPROVED AS TO CONTENT:
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Gene Ea s, Purchasing Manager
APPROVED AS TO FORM:
aro d Willard, Assistant City
Attorney
26th day of April , 1990.
McMINN, MAYOR
3Sy"';2
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CITY OF LUBBOCK
SPECIFICATIONS
FOR
KIIvGSGATE PARK IRRIGATION
BID # 10640
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CITY OF LUBBOCK
Lubbock, Texas�
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CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: KINGSGATE PARK IRRIGATION
ADDRESS: 87TH STREET a NASHVILLE AVENUE
BID NUMBER: 10640
PROJECT NUMBER: 1421-553107-9486
CONTRACT PREPARED BY: Purchasing Department
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INDEX
PAGE
1. NOTICE TO BIDDERS..........................................................................................3
2. GENERAL INSTRUCTIONS TO BIDDERS............................................................................4
3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
4. PAYMENT BOND..............................................................................................13
5. PERFORMANCE BOND..........................................................................................16
6. CERTIFICATE OF INSURANCE..................................................................................19
7. CONTRACT..................................................................................................21
8. GENERAL CONDITIONS OF THE AGREEMENT.......................................................................23
9. CURRENT WAGE DETERMINATIONS...............................................................................41
10. SPECIFICATIONS. .............................................................42
............. .................
11. SPECIAL CONDITIONS........................................................................................43
12. NOTICE OF ACCEPTANCE......................................................................................45
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID # 10455
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until
2:00 o'clock p.m. on the 17th day of April. 1990, 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:
KINGSGATE PARK IRRIGATION
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager 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 Gene
Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
The City Council will consider the bids on the 26th day of April. 1990, at Municipal Bldg., Lubbock,
Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids
and waive any formalities. The successful bidder will be required to furnish a performance bond and payment
bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract
price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a
company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that
will be considered in determination of the lowest responsible bidder. If the contract price does not exceed
$25,000.00 the said statutory bonds will not be required.
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 Cif 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, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a pre -bid conference on 10th day of April, 1990, at 10:00 o'clock a.m., Committee Room
103, Municipal Building, 1625 13th Street.
CITY OF LUBBOCK
BY: Gene Eads, C.P.M.
Purchasing Manager
ADVERTISEMENT FOR BIDS
BID # 10640
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock,
Texas, 79401 until 2:00 o'clock p.m. on the 17th day of April, 1990, 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:
KINGSGATE PARK IRRIGATION
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per
�-- Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a prebid conference on 10th day of April, 1990, at 10:00 o'clock a.m., Committee Room
103, Municipal Building, 1625 13th Street.
BY: Gene Eads, C.P.M.
PURCHASING MANAGER
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following:
Kingsgate Park Irrigation.
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
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2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the Gen-
eral 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
a.. 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 sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple-
tion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of
the contract documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of
the improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
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7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade
will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail
will not relieve the Contractor of full responsibility for providing materials of high quality and for pro-
tecting 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 provi-
sion. The specifications for materials and methods set forth in the contract documents provide minimum
standards of quality which the Owner believes necessary to procure a satisfactory project.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective 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 di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, 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 re-
serves 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 ma-
terials to be incorporated into the work without paying the tax at the time of purchase.
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12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
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 construc-
tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities of which it has knowledge. How-
ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under-
ground 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 sig-
nals, 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 re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
r acceptance of the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor
from the City. In all cases where written permission is obtained for the use of explosives, the Contractor
shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast-
ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost
care so as not to endanger life or property and the Contractor shall further use only such methods as are
currently utilized by persons, firms, or corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
in all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of
responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time that the
work contemplated by this contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required
in the General Conditions of the contract documents, from an underwriter authorized to do business in the
State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written
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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 subroga-
tion.
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 there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion 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 deduc-
tions (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.
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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 in-
creases or decreases in the cost of materials, labor or other items required for the project will be re-
jected 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, dis-
tinctly 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 indi-
viduaL, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm,
association, or partnership, the name and address of each member must be given and the proposal signed by a
member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by
a company or corporation, the company or corporate name and business address must be given, and the proposal
signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign
proposals must be properly certified and must be in writing and submitted with the proposal. The proposal
shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
�- Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids,
but no proposal may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol-
lowing:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) ALL other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
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BID PROPOSAL
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BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
PLACE Park
DATE 6.7 Ci
PROJECT N0.
Proposal of ll�o1 �4C f'
(hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
^^ Gentlemen:
The Bidder, in c Hance with your invitation for bids for the construction of a
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re-
lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing 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, specifica-
tions 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: /
BID:
._---
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) consecutive calendar
days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to
pay to Owner as liquidated damages the sum of $100.00 (One Hundred) for each consecutive calendar day in excess of
the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions
of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in-
struction number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in
the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar
days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined
the plans, specifications and contract documents pertaining to the work covered by this bid, and he.further agrees
to commence work on or before the date specified in the written notice to proceed, and to substantially complete the
—., work.on which he has bid; as provided in the contract documents.
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Enclosed with this proposal is a Cashier's Check o Certi ied .tP c #or L �
Dot Lars ($l � 2 . y � ) or a Proposal Bond in the sum of - ` - c: Dot tars ($ .5 Q--o ),
which it is agreed shall be collected and retained by the Owner dated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond
(if any) with the owner within ten (10) days after the date of receipt of written notification of acceptance of sail
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all con
tract documents made available to him for his inspection in accordance with the Notice to Bidders. _
Contractor
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
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KINGSGATE PARK- IRRIGATION
87th Street @ Nashville Avenue
Lump Sum Bid Per Specification
GRAND TOTAL- Including all labor and materials
1
Signature of Bidd
Company Name
Date WOO
Note: Contractor is to supply written proof of current
registration and license at the time bid
proposals are submitted.
Stamp of licensed irrigator
Signature of licensed irrigator----=''%' l "'
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4
CONTRACTORS BONDING BID BOND
AND INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS:
That we, WALLACE SPRINKLER CO.
as Principal, (hereinafter called the "Principal"), and Contractors Bonding and Insurance Company of Seattle, Washington,
a corporation duly organized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"), are
held firmly bound unto CITY OF LUBBOCK
as Obligee, (hereinafter called the "Obligee"),
in the sum of not to exceed THREE THOUSAND FIVE HUNDRED AND NO/ 100--------------------Dollars
($ 3 , 500.00----), for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for SPRINKLER SYSTEM FOR KINGSGATE PARK
.� NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the. Principal shall enter into a contract
with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding
or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this 17TH day of APRIL A.D. 19 90
WALLACE SPRINKLER CO. (Seal)
Principal
Witness
TRACY WA A E , OWNER Title
Contractors Bonding and Insurance Company
Surety
l
--/ By (Seai)
Witness K IN DUNN Attorney -in -Fact
C325d-100M, 8-75 198717
Approved by the American Institute of Architects, .
A.I.A. Document No. A-310 February 1970 Edition
II40 BndCBB1.02-US1u2687
Washington: 1213 Valley Street, P.O. Box 9271, Seattle, WA 98109-0271, (206)622-7053 or WA WATS (8001552-7264, FAX (206)682-1558
Oregon: 901 SE Oak St., Suite 208, P.O. Box 12053, Portland, OR 97212-0053, (503)232-4000 or OR WATS (800)452-8505, FAX (503)232-2153
Arizona: 4001 North Third Street, Suite 480, P.O. Box 16597, Phoenix, AZ 85011-6597, (602)279-9900 or AZ WATS (800)832-2277, FAX (602)277-0005
National WATS: (800)426-9949
of i Ao cAREF U LLY
CONTRACTORS BONDING AND INSUNPXCE COMPiM M 10PONSIDLE ONLY FOR THE BOND DESCRIBED AND UP TO THE AMOUNT SET FORTH iN
THIS LIMITED POWER OF ATTORNEY. Aff ERASURE VOLL VOID THIS POWER OF ATTORNEY. IF YOU HAVE ANY QUESTIONS ABDUT OR WANT TO
VERIFY THiS POWER OF ATTORNEY CALL CDXIRACTORS DONDINO AND INSURANCE COMPANY TOLL FREE AT 1(800)426.9949
Penal Sum$ = ;E,3'Z.5Z.Z0_ AnorolyNo. Tx F4 Power No, Cf14711 BorrdNo. TX0594
Limited Power of ATtorn Fx ' Date Approved: __.:. 4 / 2 7 / A 0
Approved by, Michael L. Johnson
(wrevA Iwint wets!
Name of Principal; —u9 L16AGE- SPRI•� '1 �g • _ -
Name of Obtigae; C_T_TS� -" -1-1 1220C K
Dascripfion(s): _ BIB #1 0640 _ KTNf gGATE PORK TRRIGnTION
ILocation (If AppriCaWe)• r i tiz-vr j;0Cr"Tx {
KNOW ALLMEN BY THESE PRESENTS diet CONTRACTORS BONDING MID INSCRANCE CCaIPANY, a txifpOn&tlon dtdy aganzed and s®t rhp undar the lanes of fie &Mot Washirhgrok erg ha** ka prnapa, otfida
in sefdle, Kkq Courty, wash�gmrt, aoae by these preserve mdv coredaCa raid rar�ookrr K E V I N D U N N of LUBBOCK TX
1ta ins and ksAui attomeyindact with 1t,4 ponarard suhhody hereby Wnlonod in ts nam place and ataed, to ehrecue acknovel" and daher t-a bond(s) desorbad above; and to drid ;he Company tw op as lush
w t7 ties !Ilia extort all am& machbond three sgned by me Prasidaet, waled art. ry corporate feel of it* t.orgxM and duty atreated by m Secraary, thereby rxfyirtp end Cor�i^n rg ax tt at the acid stlomay-n�aci
r— may do in the pramiow Said appohn nt is made urdar and by aw orky Of the folownp raeokaio m adopW by tw Baird 01 Dlne:>orf a CONTRACTORS a30NDING UO tL'O AA YCF COMPAh1Y on 1 / 0 2 / 9 0
RESOLVED that the Prasidarx is sot toned to appDh Its attomayi� of the Coepvy K (V N [D U N N wkh power arc Lft iy to sir, on behan
.. d the COrnpany ifroaa sunny bands whch may from iinis et time be approved by the vice isras►deni CnNI nancial Cgrtk Pmaxiont or Chief Executive 011W of the Company. A such penal sums and
axordinp to sxh conditions as rnary be &*mved by the Vcs Presidem CW Fkvncial Olhow, Pwident or Chill Execudve 011W of tie Cxwy,
RESOLVED FJPTHER to each power of Anomey muss wet loon the scads t ooVort of the bond tolatis& k appGaa, the name of the sric9al, the tame of its owgoa It* penal sum the bond numoer
(eAWQI I0f a bid bond where there o rio numbed dw iden*yN ruaber of One aaonvy iMaa tte idnrtiy`p rturtbr d the Por9rof ktgrngy and the rays and aiQrature of Ins Vn Pasioen, the rxef
FrxrlcW Offim, President or the Chief Executive Officar of the Corrpa^y; afhd may sat fottli the daXrpton and amount d &cdtiordl rein trathce or cohatsral, I any.
RESOLVED FURTHER that the Chief ExacilIJA COMM, Praeidant, Chief Fin aa cieJ ONiceror Yet President d the Canp+t^y 4 autho+>ted to estsbfrth a sperAic axles alnn date rot the Powe of Anomey and
to moot/ that data from time to titreas the Chw tsoc tW9 gei;er. Praidem Chid FhanciN OMiolr or Vice Presidem dame neceseary n wet
forth in any wnser Poway of Afloat
RESOLVED FURTHER that except as A) the Contrail anniA kx airy bid paymgnL peformance or cornoirujor
payment and performance bond 0.e, a lee wmancce and pawn tibt %horn In era bond farm) exceed &I oXA000 I One bond it guareraaed by the Small Businam Admnimratiorh. fbi the portal run el any
bond riot guiumaed by the SmW B %Ina Adntnisuatoo (athar than a bid bond whi:t� Is father rewcad by darata lop rtwed $2,0MOM; &rid (e) a bd bond wWh is not guarameed by tie Small Bieaew
Admirimlon be executed for a Pb when, 9 stew Contract h awarded the bond prWry on any pMoroance bond, payment bond, or court 1r aticn pedonnance and payment bons ;_L. a performance and
payTt M obligation in one bond form) to be executed pursuwt to the bid bond ie b #teed 112.W0,000.
RESC LVEO FURTHER that &bow n3', A may -matt is flamed porter eats alltnfty tanned rie appic W pones Gnta let fam in the mmadiately mx4xfrtg resolaion for any bond r an amour, cpOil
to the aurora of ant aMbonal reirmaance oral any ax*I litter of aodt or other awL*y recahrad as ob"I mcu•ty W the Company as vdwarnert to met the bong w bop as mo des:•pdon and aftA
of additional m4uranoe or cdiaterd are sat forth ki the Power of Anodsy.
RESOLVED FURTHER roar the authority of the Secretary of ffe Company to tartly 4tf aut wracky and dectivanass of the forerpoirhg resoktbns h any Umkod Aotrer otkontay is hereby delegated to the
fD�Kgnetsont, t10 ggrt�re of airy o' true iobtrirhg t0 DYd due Cantparry >vsth respiq ro the &udhenuciy and eladirerhesa of the faegorg resakrtrrhf as r sigrod cry th6 Secretary d the Corpany Ocnaid
Salon, Stews A Gaines, Marc A. MrkvickiL, and Mktaal L Johnson.
RESOLVED FURTHCA that the aignatures Wu V cerOficaoon itai de Ferrer of Aromay'a aril In torte all enact) of the Cyst Exmiiivti Offerer, President Uiaf Frrhancial 01` at Vice Prtsidant artd Notary
Ptblie, ant the corporate and Notary teals appearing on airy Uirked Powerd Anomo-y oweaidrg ihh and the foregoing rwotubns auy be by facsimile.
RESOLVED FURTHER !mitt ai resdiitbns adopted prior to loday Wirdiahp the above named as atprtey in 4n for due Companyaro hanaty s45eaaded
IN ". ESS WHcREOF, CON -;AC -TORS 60NOING ANO INSLRkrZ- G09R)1XY has Caused these presents lobe aigrhed by Is Cthie! Exacutive Obw Presgam, Chef citiariC al OAicar and Vice Ptesiwrt Inc tar
Corporate sea, fo be heats teixod 1 / 0 2 / 9 0
iR CONTRA SURANCE CQMPANYo .► ./I .rot / II
Donald Sutra, Chief Executive Officer s ZMAL I chael L. Johnson. Vice President
Steven A. Gaines, PrelSident h� Marc A..10fticka, Cnlet Financial Ofloor
STATE OF WASHINGTON -COUNTY OF ICING
� pamorwiy appwred DONALD SORKIN, 9Te4h A GA141!5, MARC A MRKVICKA and MYHAEL L. JOHN SOU to rue Inown to be ttw Chid biscuit Oster, Presiderx, Chet Fnar
am ncal Oftio
oce
&
A%i ey, of the eerporation that ox cutei Of. foregoing Len led Pftw of Attorney and acbvw1acged said Limhed N;vv of "neir to be the Nan arc wlurtary as and dead of said coWradoN
far Lne hoes and purPaee therein mantioned, and onooth stated mattnry am Limited Power of Ahamey.
IN WITNESS WHEREOF, I halve hereunto set my hand and affixed my otk. sot ve vrdtten,
. LA
Notary Public in and foritre Sure of vyashlnptoR, resldir.q it Seattle
The undersigned, sang unX� authority of the Board of Directors of CONTAND INSURANCE COMPANY t.iwy comlies, as or in lieu cf Un t zte of Im Secretary oO CONTRACTORS
BONDING AND INSURANCE COMPANY, that ins above fsid foregoing :S atml true and twrtct copy V rt Original Power of Attorney Issued by said Cornpwy, and :oes •eroty turlmr certly the: the sal
Power of Ammey it Stl1 in force and effect
GIVEN u an t this day of 190
�r
PAYMENT BOND
-13-
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_J
�.. STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that WALLACE SPRINKLER CO. (hereinafter called the Principal(s), as
T� Principal(s), and CONTRACTORS BONDING AND INSURANCE COMPANY
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount otseventy—three thousand six Dollars (E 73,650-gOlawful money of
the united States for the payment whereof, the said Principal and surety bind themselves, and their heirs, adminis-
trators, 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 26 day of
April 19-9Q, to
BID # 10640 — KINGSGATE PARK IRRIGATION
and said Principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants
supplying labor and material to him or a sub -contractor in the prosecution of the work provided for in said con-
tract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were
copied at length herein.
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATE° B
-14-
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
27TH day of APRIL 1990 .
CONTRACTORS BONDING AND INSURANCE COMPA
Surety
Principal
WALLACE
By:
SPRINKLER CO.
*By_ TRACY WALLACE
tle)
OWNER
By: L�
(Tit )
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des-
ignateCOWARD COWAN an agent resident in Lubbock County to whom any requisite notices may be delivered and
on whom service of process may be had in matters arising out of such suretyship,
Approved as to form:
CONTRACTORS BONDING AND INSURANCE
Surety COMPANY
*By.
(Title)
KEVIN DUNN
ATTORNEY —IN -FACT
*Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws
showin
g that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
DISCLOSURE Cr CUARANTY FUND NONPARTICIPATION
In the ev;m! # th2 ir;c;jrer (Surety) is unable to fu"fill its contrac-
tual obligat:Cfl unJ: r this Fciicy or contract Cr r.:� a!ication
or certificat, cr evidence of coverage, tl;a pclicyholdar or
certificatehold,:r is not protected by an insurance guaranty
fund or other, solvency protection arrangement.
-15-
READ CAREFULLY
CONTRACTORS BONDING AND iNSUNA!(C>_ COMPANY IS RESPONSIBLE ONLY FOR THE BOND DESCRIBED AND UP TO THE AMOUNT SET FORTH IN
THIS LIMITED POWER OF ATTORNEY. ANY ERASURE WILL VOID THIS POWER OF ATTORNEY. IF YOU HAVE ANY QUESTIONS ABOUT OR WANT TO
VERIFY THIS POWER OF ATTORNEY CULL CONTRACTORS BONDINO AND INSURANCE COMPANY TOLL FREE AT 1(SOO)426.4949
PenalSumS $73Tarn.,,nD Attorney ND, Tx054
Limited Power of Attorn y Expi
Approved by:
(Eierrrrtura)
Power No. 01 471 1 Bond No. TX0594
Date Approved: _- _ 4/ 2 7/ g O
Michael L. Johnson
Name of Principal: A16fl F!! SPRINKLER r"^
Narna of Obligati: GTTV gF LI IRROCK —
DtTscripUon(s): 6j6 41 nF 4A _ K1NG;GATE PARK IRRTroTTnN
Location (If Appffcable):
KNOWALL MEN BY THESE ?RESENTS to CONTRACTORS BONDING AND
named and awdriq under
(Print Kan")
►having a wcom ot'w
�° '" sett<tta Kkp County, wasnin coati by ttyeae presents mike arx>mda,m end arooFtt K E V I N D U N N of LUBBOCK TX
its tnte and laelul atasmey M AA win U power and auhoriyr hereby WMomtd In as name, place wz steed. to 0xacuC c*r cot" and deliter tre bond(s) deerrbed above; and to bind ;he Company Urwy as U y
and 12 to same Caen! ae I Bach such bond was sigred by too President sealed with. the COrFr we teal of tit ewpamy and duty anaued by its Socretary, N by ranging and wdirn ry an that the said sttomey-in4act
^^` may lb in the powiww Said aepohtman Is made under and Waunorfty 7(tfn following raadluiom adoPoad by the Board of DI wwo a' CONTRACTWS BONDING AND MAANCF COMPANY an 1 / 0 2 / 9 0
RESOLVED ditto Pwidw i au torad w appoint u attornBy+n w of th i CmW ny K (= ti j N D U N N wktt power are ad- oriy m sign; on behall
of the Company those surety bards stedh may (mom fiats to time be arpprovad by the vice PreslwnChief Fharoial Oftat President or Chet Executive Ouker of the Company, m ra,ch penal sums and
according to sxb conditcro as may be &*roved by the Vct President Cher F itancwl t7t5cet PreeiderN a Chief Etewdve OAear of the Company.
RESOLVE" FJPTHER ftmt tech Pose. of Attorney must Bet lorth the weck deso*bn of the bona to*W a applies, the name of the Pd, the rams of the oNges the penai sun, the bond nnen oar
(ts aW for a bid xnd where there a no n4mtoin, N ovio)n nurrbw of tea adomy,00act the ileninng nutrber O the Power o' ANtney, and the narhe and sigrathrB of ut6 Vice Pasieerv, the Coef
Frxrcial Of(tcar. President or the Chid Exectnbt Off of the Cotiparry; and may Bet forth the descroon and amours of accitionil mire+.xance rut iookiaral, f any.
�., RESOLVED FURTHER that the Chied Exendhra Offrcar, President Chid Fxwncial Olfiou or Yoe President of to Company is authorized to estaNish a SWAic aspiration date for ins Power Attorney and
1e modify that data from time to time as the C W :XtitLWe Officer, PrtusidenC Chief Fhani;W Ofty or Vice Prtsilen t deeme necessary in his sole ducal ion; the eppfeabte eRpiralicn dais to be cleary set
forth harry hMMer Power at Attome)t
RESOLVED FURTHER that except sot otnarM"prarAded n tht mrntdialttt auctead rig rtaSai lion udar no c►, rinsiancas stwl: Ia,1 the contras amount for any bid peymem, parforma xe or combirwtor
payment and performance bond 0.e, a parlwmwxe And paymers ttb)f 01ion In one band form) exceed M XAMO 1 irrt bond Is gtrawood by the Small Business AdmorAretion, (0) the penal sun of any
bond nx OAarased by the Smal Busirnse Adnifiatation (other den a bid bond y*h Ia f under restated by tla,m (c)) ezeed $2,000 MO; and (c) a bd bond *rich Is not guwmeed by tie Smal Eubm
AdminoUaton be executed far a job when, M the con= is awarJed the bond penaty on my paformanoe W 4 paytrerx bad, or comb ihation ps rforrnaryoa and payment bona 1,.e., a Wormance and
payTtnt ob> gaibn in one bond iom) :o be executed pursuart to the bid bond i to exceed S2.00iD,000.
RE SOLVED F1,FTKER Lhat abm tared Amamey-ir Sara x grated power and wilhorty n exceed tv Wpiicablt panel limits set 10M in dha immerf iamy W'sclirp msoldion for any bond r an amour, Epal
to the amoA 0 any adel&rat reke;ranxe ord any usK loud atdk or other secuity natebved as oo oil seamy Dy tho Company as inducement to issue the bond; tie long as too desc peon and amoA
of adddranal rei6urance or colkdaral am Bet Lath it the Power of Attorney.
R=SOLVED FURTHER that the tt ftelty of dte Secretary of em Company to or* Vitt authenocty and eilaco enaee of the ioreong resokAbns h any United }owar of ko7%, is hereby delegated to the
fo%wrg perodns,1% signature of any or In* lobwkg to bad the Cw"M virth re»eA to the L XJlnrkky and etadivenesa of tN fcmgxV yes 4AM M 1 signed Dy tea Secretary d 1he Company. Dc said
SKin SttvsnA. Marc A.MrkykkkvdMkhmlL..fohrsm
RESOLVED FURT11EP that dts signatures (tcludmg cefoljown that the Pvmroi Atxxney a tog in to= and tff iiq CO tyre C•iot E=AM Officer, Pneaidarnt Chief FrnarKiW ONer, Vtce President and Notary
Public, arc the Corporate and Notary seals appearing on any L1lttied Poserd Attorney oAaining Inds and the bragoirtg resolutions may be by faeeimila,
RESOLVED FURTHER that aI roWttbns adopted prior to today apgoiryiq the above named as attorney -in lad for to CorWyr&m hereby %:pomded
IN W'NESS WHEREOF, CON —;ACTORS BONDING kNO INSUAAUC,'; COM.W has Caused these prBeaetta b be BOW by is Chiei Executive Cifber. Prmiderx, Chat cinanclat (ricer and Vica PresbaI and 4
P— =orate W, Id be hereto aeixad 1 / 0 2 / 9 0 ., '*r►vN,,
01- s z A 1.a '
Donato Saks. Coley Executive Officer s : chael L Johnson. Vice President jv
411
4 4SH1N. gy
Slxven A Gaines, President ..` MarrA.WrkvIckzCrtI#IFinarjda11 oer
STATE OF WASH INGTON — CO LN1Y OF TONG
Lht persoreiy a ipwrtd DONALD SIRKIN, 9TvBN A GAl4tS, MARL A. fARKVIG(A end MICCWL L, JOHNSON to me known to be the Chef E)mcttW Officer, Presider[, Chief Fnereel oNer
arts'lice 4r"t?rAA@ftry of the m00181 -thft executed the bregoinp Lmrted Powof Attorney and actrhowledged said Limped 4;oA of Ar•.orney to be the tee anti volurtary ad aid dead cf said txrporadoq
for t'x UM am purpova therein mentioned, and on oath stated that My are Limited Power of Attnrwy.
IN WITNESS WHEREOF, I haw hereunto set mty barha aid arfxed my oftf sot nVigve written,
�tr'ti �y97 Notary Publia in and forihe Sta:e of Wasnington, resld(rp at sea'us
The undersigned, acting unx' authority of the Beard of Directors or COIVTRAUOTP!'fli�+ AND INSURANCE COMPANv, hawy eertlfes, as or In lieu cf CerAcate at the Secretaryof CONTRACTORS
BONDING ANO INSURA4CE COMPANY, that eye above and foragdn; ;s ifull, true and correct copy o're Original PoAr of Altomey Issued by said Compary, and does re eby turther aarufy the: tthe sa d
Power at 41*'Mey is SUI in force and effect
GIVEN UX;,%oManCAt Z tnis day of 19
ram+
r,
PERFORMANCE BOND
-16-
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1 STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
j ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
WALLACE SPRINKLER CO.
KNCW ALL HEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as PrincipaL(s), and
CONTRACTORS BONDING AND INSURANCE COMPANY
I (hereinafter called the Surety(s), as Surews), re held and firmhy bqund unto the Ci y f Lubbock (hereinafter
seveIICy-t�iree Chousan six Iih �dre 1
called the Obligee), in the amount of 081 ars ( 7 D lawful money of the
'- United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra-
tors, 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 26 day of
April 1990, to
BID #10640 - KINGSGATE PARK IRRIGATION
and said principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per-
form 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 Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said article to the same extent as if it were
copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 2 7 TH
day of April , 19 90.
CONTRACTORS BONDING AND INSURANCE COMPANY
Surety
DISCLDSIUREL OF CI tiAY-T ( r"!,""� ..j^"P" RTfCIPAT1O4
In the ev 'h= ra. r-:r . _... : �, . �•., _ ifis contrac-
tual
cr ccrti;icat-, c- �. i�oEdzr or.
c�rtificat s1c,�.:r s- r•_ ;� 1 ;�c� guaranty
fund or. other sollcn:, -nent.
�l
— 1 -17-
WALLACE SPRINKLER CO.
PrincI L f�
(Title) TRACY WALLACE
*By: OWNER
(Title)
By:
(Title)
BOND CHECK
BEST RATING
LICENSED IN TEXgS
DATE
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates HOWARD COWAA agent resident in Lubbock County to whom any requisite notices may be delivered and on --
whom service of process may be had in matters arising out of such suretyship.
CONTRACTORS BONDING AND INSURAN
Surety
OMPANj"
gy•le.� _
KEVIN�DUNN
Approved as to Form ATTORNEY —IN —FACT
City of Lubbock
City Attorney
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
'ie-
READ CAREFULLY
-•� CONTRACTORS BONDING AND INSURANCE COMPANY 18 RESPONSIBLE ONLY FOR THE BOND DESCRIBED AND UP TO THE AMOUNT SET FORTH iN
THIS LIMBED POWER OF ATTORNEY. ANY ERASURE WILL VOID THIS POWER OF ATTORNEY. IF YOU HAVE ANY QUESTIONS ABDUT OR WANT TO
VERIFY THIS POWER OF ATTORNEY CALL CONTRACTORS BONDING AND INSURANCE COMPANY TOLL FREE AT 1(800)426.9949
Penal Sum$ __ $73Tgti�00 AttorneyNo., TXr1ti4 Power No, 1114711 BorldNo. TX0594
Lirnited Power of Atiorn y Expi Date Approved: "-- 4 / 2 7 / 9 0
Approved by: Michael L, Johnson
(arorrrauriq (Plan wine)
Name of Principal: WA16ACF_S ITyK�=E rn
Name of Obiigae; CT —Ty QFM LI-IBBOCIC
Descripton(s): 1310�UIQE40 _ KTNrcr;ATF PARK IRRTGQTTE)N
I Location (if Applicable):
KNOWAJ.MEN SYTHESE PRESENisinat
"awed arrd arirting under
and ifxJtq its prmcpar nflim
T n Settttt0. Kkp couny, wasiwrgmn does by d,aee preser<a maf� nxx>anurta arrd $aok,t K E V I N D U N N of LUBBOCK TX
its true and lawful a=mvy*-laC% with h.A power and authority hereby oonioned in its name, piece and sued, to exectxa v*r0 lady ud deher t-s bond(e) desxbed above and to bins ;he Company t wWy as fil y
iuxl to the Same extent as I cad• such bond waa abned by ft PreeidwtC sealed wth. -e corporate Goal of that Canonry and drip ateated by hS Seeeetary, N* rattying And eadirrn rg all that the avid stormy -in -tact
..., may do in the pwmiams. Sand pppolrinen Is ritada order and by aUvft of to tolowing mulution s adapted by iw Baird 0(Dirows d CONTRACTORS HMOING AND NSUAANCF COMPANY an 1 / 0 2 / 9 0
RESOLVED that the Presiulsnt t aUtarized tc appokx as ttttdrresyiMad d d,e Company iS E V I N D U N N with power arc awforiy in sign to bew
Of the Company those as" bards which may born rims to time be approved by the Vim Pro 4orit. ChIal Inertial Dlticat Preaidant or Chief Executive Ottfcer of the Company. A such ponal staffs And
.� D=rdiN to sxh condtcrs as may be aapm%ed by the Vice PresldenL Ch er F nerd Officer, President or Chef Etetudvs Oficar d t e Car wary.
RESOLVED FJPTHER that a=h Power of Anomsy must W. lodh the sciecric ono*on of the boor to whet a applies, the name at the -Pd, the Fame of the oGigea the ponai s,xn, the bond number
(euaot nor a bd hond where there 4 no numbed, tiro idvtf}mg mailo r of r u Womoy- Mast, the wart hag nurrbw of the Power of Anoinsy, And To narre and aperture of the Via P•asicart, the C,n of
FiramW Off rar, President or the Ctlisf ExecuM Ct+(irer of the Company; and may W forth the dexrpcn and amount of accitionol mimxit ice or MkIaral, I any.
RESOLVED FURTHER that do ChW ExseLM Cflbar, PreaidetR Chle( Fnancial Officer or lrrce Preaident of the Conpvy is authorized to establish a SWIC expiratbri date for the Power of Anomey and
to molly mat date from time to time as IN Chief Exect vN* off cer, PrwAo R Chiel Fharielal CM icon or Yroe Pre5britt daerne neasmaty in his sob criscrotion; tna g9 able eppiaWn date to be clearty set
forth in anywrear Powerot Attorney:
RESOLVE D FURTHER that escept as "Nirso p(vridad in the fnmwdiaiahy srrceesdtrg moaii n rider no ci i;w sia�'fcPs site": (a) the contract amwrt to Awry bid, payrnert, idedwmanre or corn IoNtor
payment and pwimnanea bond (i.e. a Wwrn anav and payment tblio&W in orra band form) exceed St 0%0001 the bond It OAMMoed by the Small Btsirreae AdmnrArmK n. (o) the panel sun of any
bond not guara wed by I* Smog Business A&rd*talron (other than a bid bond With It fudlw rased by deals tap exceed $Z000,000t and (c) a bid bond wrath b not gtrararteed by the Small Btai am
Administration be exetzted for a job whom. 9lhs Contact is awarded, tie band pv4ky on any polio mwnoa bond payrnart bard, or comb Inaiion pe donranca and payment boric (.e., a pe wma%e and
payment obligmon in one bond ior+r) to be •tented purstairc b the bid bond is to exmed %2,000,000.
RESOLVED FURTHER that above maned Atarnvy-rrkact is g VCW power and 11horty in esrerad ate eppii;6&W parttl hints satlon in It* mmediamy vwAw*g rewllkw for arty bond r in amour, aq,al
m the attM.rlt of artP aDdkionai reirtexerxe ors any ueh, lacer d trodt a sitar rrecwity recairad u a>IWwxl aectiity by t10 Conperty u inducement a mid the bend, er brig as trio desr' ption and aihDurt
,.., of i8idlx>rel reiratrrarrce or cdietaral are set forth if the power of Artorney.
RESOLVED FURTHER t•rat it* authority of V* Socreiaq of thtt Company io w* the aulfrerticty and egemenaea of the ivepfir5 resolutions in Any Urtked }over of komag is hereby deiagated to the
foWwrp poisom, trio §grx. of any 0{ tv iol *tv to bind tt. C.,"M with mVw to the ttudtenuck and eiauMverteas of the 1c,mp V msakmres arf r ii rW oy the Secreury :i the Company. Dc-*A
SAin, Steven R Cainn, Narc A. Mrkvickt, aryl ML'haal L Johnson
RESOLVED FURTHER that to sigrratures (rcludirp warlioatonitial the Weer of Anomey a taI in lorm and A" d tine C•ytT grad= OtTioer, President Clef Financial Officer, Vice President and No"
Public, arc the corporate and Notary scab appearing on awry Limited Powers Anomey containing this and ifa foregoing resolitions may be by facsimile.
RESOLVED FURTHER that al resolulbns adopted prior to today appoin li q the above named ae AM.-vy-in-tact for ifs Company are hereby %4*rtAded
IN W NESS WHcREOF, CDN'aACTnRS BONDWG AND INSURA�iC; GO10IR NY has Caused these presants to be erred by its Chei. Executive Ofoar President, Chief'- tiArtclai Officer and Vca ?resident and 4
ooroolate tier to be haret0 aeixec 1 / 0 2 / 9 0
Jk.A Dortald simr, Chier Exscuive Officer o { . theca L Johnson. Vice President
SN 1 Nor+''
Steven A Gaines, President Marc A., rkvlcka, Cnlet Financial Off t*r
STATE OF WASHINGTON — COLNTY OF KING
.., f� � � pera"r appeared DONALD SIRKIN, STEIMN A GA14ES, MARCA. MRKVICKA and Mr-WL L, JOHNS% to me Ivna,wr to be Ire CNO Exacuzive OH,cer, Presiderrl, Cnie? FnaneOl Uti car
IVIC �ey, of the WINIa50 that executed the iregoing Lot* Poarx of Attorney and aelorowteoged said Limherd N;o ( Of ArmTia • to be the Ire• arc volurtary ea and deed cf Laid "radon,
for tie ueea and purpoec,e theran mentioned, and on oath stated mu trey aria PN ufnBQ fa•d Limila0 POwef at Alfamey.
IN WITNESS WHEREOF, I have hereantc set my hand Lid affixed my ohfk sa ;,��ry ve written,
Notary Publicinand forlhe Stare of Washington, resldkf at Seattle
The undersigned, Leong unWauttority of the Bcerd of Directors oTCONTRAicT0 w ,AND INSURANCE COMPANY, Nervy smiles, as or in lieu cf UnMov of the secretary of CONTRACTORS
BONDING AND INSURANCE COMPANY, that Ufa above aid forgoin; s atoll, true and tornhet Copy v're Original Povier of Attorney Issued by said CJrnpwy, an d Ioes "veby turtnr cam tits: me Sad
Power of Ano'ney is Sul in force ano effect
GIVEN u ran t this day of 19 o
CERTIFICATE OF INSURANCE
-19-
(This page left blank intentionally)
INSURED
.WALLACE SPRINKLER SYSTEM
TRACY WALLACE DBA
4011 87TH STREET
'LUBBOCK, TX 79423
ISSUE DATE (MM/DD/YY)
YY 05/03/90
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
C04MPANIES AFFORDING COVERAGE
COMPANY jL
LETTER A TRINITY UNIVERSAL INS. CO.
COMPANY
LETTER
COMPANY c
LETTER
COMPANY D
LETTER
COMPANY
LETTER _
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
'BEISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO
LTR
; TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM.7DO/YY)
POLICY EXPIRATION
DATE (`dtdiOD/YYI
ALL LIMITS IN THOUSANDS
GENERAL
LIABILITY
cP; a AGGREGATE
$
A
COMMERCIAL GENERAL LIABILITY
TC P P 8 8 1 5 5 2 3
0 7/ 2 5/ 8
0 7/ 2 5/ 9 ,
PRCaOUCTS COMP/OPS AGGREGATE
$ 1000
CLAIMS MADE 1 41OCCURRENCE
PER~ 30%AL W ADVERTISING INJURY
$ 500
OWNER'S 8 CONTRACTORS PROTECTIVE
X
EACH 0 -RE%CE
$ 500
FIRE CAVAGE (ANY CNE FIRE)
$ 50
tz
MEDICAL EXPENSE (ANY ONE PERSON)
$ 5
AUTOMOBILE
LIABILITYItrr
"r
A
X
ANY AUTO
TCA 6414589
07/25/8
07/25/94�11`
�$ 500
{�
,ALL OWNED AUTOS
soolLY
z"
SCHEDULED AUTOS
INJUP.V
IPER PERSON
$
d ::
BUURY
HIRED AUTOS
NON -OWNED AUTOS
$'
GARAGE LIABILITY
I
u1r101
PROPERTY
DAMAGE
$
EXCESS LIABILITY
EACH
AGGREGATE
X
!
RRENCE
1000
$10
$
OTHER THAN UMBRELLA FORM
STATUTORY
A
WORKERS' COMPENSATION
WC 8267988
07/25/8
07/25/9
$ 100 (EACH ACCIDENT)
AND
$ 500 (DISEASE -POLICY LIMIT)
EMPLOYERS' LIABILITY
$ 100 (DISEASE -EACH EMPLOYEE)
OTHER
h
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES/FK-WX; XT Xi X/SPECIAL ITEMS
THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPAI ITS GENTS'i0R REPRES t4TATIVES.
UTHORhZED REPRESENTATI
- I
INSURANCE BINDER
ISSUE DATE (M
f j M/DD/YY)
4- 3 90
X=
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,
SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE
SIDE OF THIS FORM
PkO66d
tCOMPANY BINDER NO.
v_. Tr..i.n_i.ty_..Insurance_Co._, 0-123-1
The Sanford Agency
EFFECTIVE EXPIRATION
P.O. Box 64790
_..,., .._ DATE... .__.._._.__TIME .,..., _. ... DATE ....._.._ ...,..-. TIME ......
X AM X .12:01 AM
Lubbock, Texas 79464
_,.. , ... 12:01 6-4-90-4-0 `NooN
_. ........... .. .
THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED
COMPANY PER EXPIRING POLICY NO:
CODE SUB -CODE
DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (Including Location)
INSURED
:,:Tracy Wallace DBA
Wallace Sprinkler System
4011 87th Street
Lubbock, Texas 79423
JAUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES
COLLISION DED.
.,..... ,.OTC DED: ;
—I
V ;UMBRELLA FORM
OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE:
WORKER'S COMPENSATIOA
AND
EMPLOYER'S LIABILITY
Approved by Fred McLarry
ACORD 75-S jv88)
Umbrella Liability Coverage
ACV
STATED AMOUNT
S $
OTHER
EACH ,• AGGREGATE SELF -INSURED
OCCURR(�EnNCnE -
RETENTION
STATUTORY
$
(EACH ACCIDENT)
$
(DISEASE -POLICY LIMIT)
$
(DISEASE -EACH EMPLOYEE)
CONDITIONS
x.
`This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is
subject to the terms, conditions and limitations of the policy(ies) in current use by the Company.
This binder may be cancelled by the Insured by surrender of this binder or by written notice to
the Company stating when cancellation will be effective. This binder may be cancelled by the
Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled
when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled
to charge a premium for the binder according to the Rules and Rates in use by the Company.
APPLICABLE IN NEVADA
Any person who refuses to accept a binder which provides coverage al less thar3
$1,OOO,OQG.QO when proof is required: (A) Shall be fined not more than $500.00, and (S)
is liable to the party presenting the binder as proof of insurance for actual damages sus-
tained therefrom.
ACORD 75S (2188)
CONTRACT
-21-
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CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 26th day of April 1990, by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so,
^ hereinafter referred to as OWNER, and Wallace Sprinkler Co.
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 CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol-
lows:
BID # 10640 - KINGSGATE PARK IRRIGATION FOR THE AMOUNT OF $73,650.000
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.
APPR_QVED AS TO
mil' ��� � � •� -
f `
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
C
By:
MAYOR
Wallace Sprinkler Co.
CONTRACT
TITLE•
COMPLETE ADDRESS:
4011 87th Street
Lubbock. TX 79423
-22-
(This page left blank intentionally)
GENERAL CONDITIONS OF THE AGREEMENT
-23-
(This page left blank intentionally)
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 con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall
be understood to mean the person, persons, co -partnership or corporation, to -wit: Wallace Sprinkler Co., who
has agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood
as referring to CARLOS VIGIL, PARK DEVELOPMENT SUPERVISOR, PARKS AND RECREATION, City of Lubbock, under
whose supervision these contract documents, including the plans and specifications, were prepared, and who
will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized
by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act
for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor
or men acting in behalf of the Contractor.
,., 4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of
the Agreement (if any), Specifications, Plans, Insurance Certificate, and aIL other documents made available
to Bidder for his inspection in accordance with the Notice to Bidders.
^�^ 5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory
to the Owner's Representative.
Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the
fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
character of the work.
b. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor
for performance of work on the project contemplated by these contract documents. Owner shall have no re-
sponsibility.to any Subcontractor employed by Contractor for performance of work on the project contemplated
-24-
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 docu-
ments. 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 docu-
ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and
shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative
will check the Contractor's layout of all major structures and any other layout work done by the Contractor
at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly
Locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract docu-
ments. He will not be required to make exhaustive or continuous on -site 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 docu-
ments, 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 on -site 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.
-25-
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence-
ment 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 Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative 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 Representa-
tive at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review all work included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all
cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this
contract. He shall determine all questions in relation to said work and the construction thereof, and
shall, in all cases, decide every question which may arise relative to the execution of this contract on the
part of said Contractor. The Owner's Representative'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 direc-
tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there-
from 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 rela-
tive 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 hbd 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 Con-
tractor 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.
-26-
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 Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or
any subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na-
ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate-
rials 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 dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish 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 ob-
servation, 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.
-27-
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 obser-
vation 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 am-
ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep-
resentative may reject any work found to be defective or not in accordance with the contract documents,
re-gardless 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 Repre-
sentative, 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 Representa-
tive 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.
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 Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, 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 un-
suitable 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 re-
build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur-
ther 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 in-
crease the amount of work, and the increased work can fairly be classified under the specifications, such
f 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
-28-
case the Owner shall make such changes or alterations as shall make useless any work already done or mate-
rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or owner's Representative to be done by the Contractor to accomplish any change, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered 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 Representa-
tive 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 com-
menced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this para-
graph 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 mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin-
ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of
Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical,
the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work
order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and com-
pensate him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments of cost and expense not embraced within the actual field cost as herein defined, save that where the
Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost
to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In
case any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre-
sentative 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 in-
sists 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 arbi-
tration as herein below provided.
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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 re-
quest 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 speci-
fied, 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, indem-
nify 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 sus-
tained 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 subcon-
tractor 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 pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. such insurance shall be carried with an insurance company au-
thorized to transact business in the State of Texas and shall cover all operations in connection with this
contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided
covering the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
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, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -
owned 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 poten-
tial loss) naming the City of Lubbock as insured.
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E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of
($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages.
The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
F. Workerts Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at least $100,000 limit.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
offered as evidence of compliance with the above insurance requirements, signed by an authorized
representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne
by such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the
date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named in-
sured 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) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT
AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness
within five (5) days after demand is made, then Owner may, during the period for which such indebtedness
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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 sun so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee 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 speci-
fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm-
less from any loss on account thereof. If the material or process specified or required by Owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
Owner of such infringement.
31. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor or his employees. If the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shall bear all costs arising therefrom.
The owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in-
sofar 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.
32. 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.
33. 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 con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $100.00 CONE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages
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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 com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this local-
ity.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica-
bility and extreme difficulty in fixing and ascertaining actual damages the owner would in such event sus-
tain, 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.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor 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 contact, 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 sev-
eral parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the
completion of this project, taking into consideration the average climatic range and industrial conditions
prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove
set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract,
except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees
of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike,
walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written justification as may be required by Owner's Representative
for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
�, mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. 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.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
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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.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.
In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract,
including the specifications, plans and other contract documents are intended to show clearly all work to be
done and material to be furnished hereunder. Where the estimated quantities are shown for the various
classes of work to be done and material to be furnished under this contract, they are approximate and are to
be used only as a basis for estimating the probable cost of the work and for comparing their proposals of-
fered 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.
38. 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 perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. 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.
40. 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 de-
fective work. Contractor shall at any time requested during the progress of the work furnish the Owner or
Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness
in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or
otherwise, that there are no outstanding liens against Owner's premises.by reason of any work under the con-
tract. 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.
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41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica-
tion 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 par-
tial 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 ma-
terials 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 per-
centage due Contractor.
42. 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 in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance 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.
43. 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 be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; 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 condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. 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 Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
45. 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
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date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de-
fects with reasonable promptness.
46. 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.
47. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the
Owner's Representative has given any directions, order or instruction to which the Contractor desires to
take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and
render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's
Representative, any demand for arbitration shall be filed with the Owner's Representative and the owner in
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 other-
wise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named
in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se-
lect 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 de-
cision 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 ei-
ther 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 ar-
biters, 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.
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The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, 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 ar-
biters 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 writ-
ing and shall not be open to objection on account of the form of proceedings or award.
49. 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 or-
ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or
the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to
complete the work and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any
rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as
provided for under paragraph 24 of this contract); it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided
for within ten (10) days after service of such notice, then the Owner may provide for completion of the work
in either of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup-
plies 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 such expense
is less than the sum which would have been payable under this contract, if the same had been com-
pleted 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 com-
pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner; or
M The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa-
per 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 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.
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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 machin-
ery, 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.
50. 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 incorpo-
rated 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 Con-
tractor 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 Con-
tractor 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.
51. 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 statu-
tory 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 fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
-39-
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
work, shall be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
w
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au-
thority 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 ob-
serve 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
.os the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or
corporation.
55. 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.
-40-
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CURRENT WAGE DETERMINATIONS
-41-
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P�
� •
1 i
•
DGV:da
DCQnt IITTMI
Resolution 7#2502
January 8, 1987
Agenda Item #18
WHEREAS, the City Council has heretofore established the general --
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
�. in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
.contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction Trades
Exhibit 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.
B.C. McMINN, MAYOR
TTE •' . .
~� Ranettd,-Boyd, City Secretary
APPROVED T. ONTENT: APPROVED AS TO FORM:
Bi T1 P yne, D rector of Building Dolrald G. Vandiver, First
Services Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -
Heavy
Light
Floor Installer
Glazier
Insulator, Piping/Boiler
Insulator -Helper
Iron Worker
Laborer, General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder - Certified
Hourlv Rate
$11.60
8.35
- 5.50
10.50
5.00
11.00
5.50
7.35
8.70
10.50
5.25
8.00
5.70
8.00
7.50
9.50
5.00
7.30
4.75
5.60
8.75
9.25
6.00
7.65
4.75
8.75
5.50
8.00
EXHIBIT B
Paving and Highway Construction
-- Prevailing Wage Rates
-, Craft
Asphalt Heaterman
., Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
�- Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.l 1/2 times base rate.
r-�
SPECIFICATIONS
-42-
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P-
SECTION O1 SUMMARY OF WORK
KINGSGATE PARK- Irrigation 87th Street @ Nashville Avenue
1. General
1.1 Scope of Project
A. Contractor to supply all supervision, perform all work,
and furnish all labor, equipment, and incidentals
necessary to fully and properly install an automatic
irrigation system as described in the plans and
specifications. All construction and other work shall
be done in accordance with the best engineering and
construction practice's for the skill or trade
involved.
1.2 Work Included
A. Section 02 - Irrigation
B. Section 03 - Special Conditions
1.3 Additional Information
A. All information under General Instructions To Bidder,
General Conditions of Agreement, and Special
Conditions apply to this section.
B. These plans and specifications were prepared by the
Parks and Recreation Department (which shall be called
Owner). Owner shall set all construction stakes for
locations of elements at project site.
2. Quality Assurance
^^ 2.1 Contractor shall take all precautions necessary to protect all
existing trees, shrubbery, sidewalks, buildings, vehicles,
utilities, etc., in the area where the work is being done.
The Contractor shall rebuild, restore, and make good at his
own expense, all injury and damage to same which may result
from work being carried out under this contract.
2.2 The Contractor shall take all necessary precautions to assure
the safety of the park visitors during the construction and
clean-up operations. The Contractor shall maintain and keep
�-- in good repair the work intended under these Plans and
Specifications and shall perform all necessary repair,
construction, and renewal to the date of acceptance by
Owner.
2.3 Any utilities and irrigation lines shown on plans are for
information only and are not guaranteed by the Owner to be
accurate as to location and depth. The Contractor's
attention is directed to the fact that other underground
utility lines may exist that Owner is not aware of. It is
the Contractor's obligation to locate and familiarize
himself with all utilities and to provide for their safety.
Damage to utilities will be repaired at Contractor's
expense.
END OF SECTION
SECTION 02 Irrigation
KINGSGATE PARK- 87th Street @ Nashville Avenue
1. General
1.1 Scope of Project
A. To furnish all material, equipment, labor, and
supervision necessary to provide complete installation
of an automatic sprinkler system at Kingsgate Park.
1.2 Related Work Specified Elsewhere
A. Section 01-Summary of Work
B. Section 03-Special Conditions
1.3 Work to be done by Owner
A. Owner shall install electrical power and water source
for Contractor. See 3.2 Utilities in this section for
details.
1.4 Additional Information
A. All information under General Instructions to Bidder,
General Conditions of Agreement, and Special
Conditions apply to this section.
2. Quality Assurance
2.1 Qualifications of Bidder -Licensing
A. Bidder shall be a registered Contractor and be a
.� licensed irrigation installer in the state of Texas
or
from the state where Contractor is based. Out of
state licensing shall only be acceptable if the
licensing state shares reciprocity with Texas.
License will be verified by city staff prior to
issuance of building permit. A licensed irrigator
or
installer shall be on the job site at all times
-- irrigation work is in progress.
B. Bidder shall have satisfactorily completed a minimum
of
3 comparable size automatic systems and be prepared
to
provide written references from each.
C. Owner reserves the right to reject any bid if bidder
is
—' not qualified based on the above given criteria.
2.2 Codes and Standards
A. Bidder to conform to all local, state, and federal codes
and ordinances.
2.3 Discrepancies
A. It is the intent of this contract that all work must be
done and all material must be furnished in accordance
with the generally accepted practice of the area, and
in the event of any discrepancies between the plans
and specification arise or doubts as to the meaning
and intent of any portion of the contract, the Owner
shall define which is intended to apply to the work.
3. Site Conditions
3.1 Examination of Site
A. Bidder shall visit the project site and compare drawings
and specifications to actual site. Failure to do so
will in no way relieve the successful Bidder from the
responsibility of completing the project in accordance
to project specifications at no additional cost to the
Owner.
3.2 Utilities
A. Contractor's attention is directed to the fact that
other underground utility lines may exist that Owner
is not aware of. It is Contractor's obligation to
locate and familiarize himself with all utilities and
to provide for their safety. Damage to utilities will
be repaired at Contractor's expense.
B. Water Supply - Meter or other water source to be
supplied by Owner. Contractor is responsible for
hook-up from meter to system.
C. Electrical Power Supply - Power to the meter box to be
installed by Owner. Owner will set the meter box.
Contractor shall run power to the controller.
Contractor must satisfy City of Lubbock electrical
codes for hook-up. Contractor is required to have a
licensed electrician provide the electrical hook-ups.
D. Bores ( if applicable) - Contractor is responsible for
bores and sleeving necessary to go under city streets
to provide any utility service to the project site.
Bored holes shall be of the smallest diameter which
will permit installation of encasement pipe. Pipe
sleeving under city streets shall be 16 gauge smooth
steel pipe with a minimum wall thickness of one -
quarter (1/4) inch.
Irrigation lines crossing sidewalks shall be sleeved
with P.V.C. pipe. Pipe to be large enough for
irrigation pipe and conduit for electrical control
_wires (if necessary).
4. Field Quality Control
4.1 Responsibility of Materials
A. Contractor shall be responsible for all materials
furnished by him and shall replace at his own expense
~— all material found to be defective in manufacture or
if it has become damaged in handling after shipment.
�.. 4.2 Responsibility of Property
A. Contractor shall be responsible for the protection and
preservation of all plant material, monuments, and
structures during installation. Any damage shall be
repaired or replaced by Contractor at his own expense
to the satisfaction of the Owner.
B. All trenching or any excavation is to be no less than
six (6) feet from the trunk of any plant material. If
questions arise, Contractor shall contact Owner for
clarification.
4.3 Barricades and Protective Measures
A. Contractor shall be responsible for the protection of
unfinished work. Contractor shall, at his own expense,
furnish and erect such barricades, fences, lights, and
danger signals, and shall take such other
precautionary measures for the protection of persons,
property, and the work as may be necessary.
B.. The contractor will be held responsible for all damage
to the work due to failure of barricades, signs, and
lights to protect it, and when damage is incurred, the
damaged portion shall be immediately removed and
replaced by contractor at his own cost and expense.
The contractor's responsibility for maintenance of
barricades, signs, and lights shall not cease until
the date of issuance to contractor of City's
certificate of acceptance of the project.
5. Submittals
�— 5.1 Maintenance Materials
A. At completion of job Contractor shall -furnish spare
parts, special tools, and equipment required to
operate and maintain system.
5.2 Maintenance Data
A. Contractor shall furnish two (2) copies of parts list
and repair manuals for controllers, valves, and heads.
5.3 Project Record Document
A. Contractor shall prepare an "as -built" plan of system
after final check. Work to be done on vellum paper
with legend describing symbols for equipment. "As -
built" plans shall be accurate. Inaccurate plans will
not be accepted. Final payment will not be made until
"as -built" plan is submitted to Park Development
staff.
6. Products
6.1 Performance of Specified Material
A. All specifications given for materials are based on the
performance of the equipment. This is to insure the
integrity and proper hydraulics that the system is
designed for. If bid material does not conform to
given performance specifications, the bid will be
rejected by Owner based on grounds that proper
function of system could not be maintained by using
equipment that does not meet the performance
specifications required.
B. All material to be new, unused, and current.
C. All material must be a standard product of a
manufacturer.
D., Contractor shall provide performance records to verify
equipment capabilities.
6.2 Materials
A. P.V.C. Pipe
1. All polyvinyl chloride pipe shall be class 200,
SDR 21 unplasticized polyvinyl chloride, Type I,
Grade I, except when using a pump. When using a
pump, refer to the following chart.
PIPE SIZE CHART
Pipe Size Schedule/Class
,-� 1/2" 200
3/4" 200
1". 200
1 1/4" 200
1 1/2" 200
2" 40
2 1/2" 40
^ 3" 40
4" 40
6" 200
(USE ONLY WITH PUMP)
2. All pipe must have manufacturer's markings clearly
printed on them during installation.
3. All class 200 pipe must conform to ASTM D-2241.
All schedule 40 and 80 pipe must conform to ASTM
D-1785.
4. All piping under four (4) inch shall be solvent
weld.
5. All piping over four (4) inch shall utilize belled
ends or belled couplings using rubber gaskets in
twenty (20) foot laying lengths.
6. All fittings for 4" or larger mainline shall be
�., epoxy coated steel.
B. PVC Fittings
1. Schedule 40 fittings must conform to ASTM D-2466.
2. Schedule 80 fittings must conform to ASTM D-2464.
3. All threaded fittings must be schedule 80.
C. Swing Joints
1. Nipples: Schedule 80 with molded threads on both
ends. (unless specified otherwise in
construction details)
2. Elbows: Schedule 80 FIPT X FIPT.
_, 3. Schedule: Schedule 40.
D. Valves
1. Double check with double gate valves (backflow
prevention). (Wilkins 3" or "approved equal")
A. Two independently operated spring -loaded
poppet type check valves.
B. Two gate valves - screw type
C. Maincase shall be epoxy coated inside and
outside and consist of four test cocks
which provide for in -line testing and
maintenance.
D. Stainless steel springs and corrosion
resistant materials shall be used through-
out.
E. Check valve to be accessible from top of
device without removing check valve body
from line
F. Install Double Check Valve with brass unions
of appropriate size before and after
valve.
2. Manual Control Gate Valve (if used)
A. Brass body - standard type
B. Non -rising stem
C. Solid wedge disk
D. Cold service - 250 P.S.I.
3. Quick Coupler Valves (Rainbird 44RC or "approved
equal")
A. Single lug, 2 piece body, heavy cast bronze
B. Standard cover
C. Installed with min. 10" diameter concrete
doughnut. (For 1", 1 112", 2" valves)
Donuts shall be installed flush with
finished ground level and shall not shift
when walked upon.
4. Section Valve (Weather-matic 8024BCR-30 3",
Weather-matic 8024BCR-20 2", Weather-matic
7024E07 3/4" or "approved equal")
A. Direct burial, remote control electric valve
normally closed
B. Solenoid - Waterproof molded epoxy resin
construction having no carbon steel
components exposed
C. Actuator - Stainless steel enclosed in a
watertight protection capsule with a
molded in place rubber exhaust port seal.
Spring shall be stainless steel.
D. Diaphragm - Dual ported, made of nylon
reinforced Buna-N rubber
E. Flow adjustment system.
F. Cold water working pressure -150 P.S.I.
G. Bronze body and cover with stainless steel
cover bolts.
E. Valve Boxes
1. Double Check Valves
A. Supplied by Owner
B. To be installed by Contractor
C. Minimum Dimensions: 48" x 22" x 24" deep,
reinforced concrete
2. Section Valves (for electric automatic systems)
A. Lock -in green lid with cover lift holes
(Rectangular, lid shall have snap lock tab
closure)
B. Black lower body with pipe slot 2 1/2" x
4" (2 sides)
C. Minimum Dimensions: 17" x 11 3/4" X 12"
deep, molded plastic
F. Sprinkler Heads
1. Specified Head #1 (Toro 644-02-43 or "approved
equal") 360 deg.
A. Body: Non -corrosive cycolac and stainless
steel construction.
B. Gear -driven, pop-up design
C. 2 3/8" pop-up to nozzle, 1" NPT female
thread inlet.
D. 56' radius at 40 psi with 13.2 G.P.M.
E. Maximum working pressure -150 P.S.I.
F. Height - 9"
G. All inside parts to have vandal -resistant
slide -lock positioning.
H. Precipitation rate-.39"/hr.
2. Specified Head #2 (Toro 642-02-43 or "approved
equal") 180 deg.
A. Body: Non -corrosive cycolac and stainless
steel construction.
B. Gear -driven, pop-up design
C. 2 3/8" pop-up to nozzle, 1" NPT female
thread inlet.
D. 56' radius at 40 psi with 13.2 G.P.M.
E. Maximum working pressure - 150 p.s.i.
F. Height - 9"
G. All inside parts to have resistant slide -
lock positioning.
H. Precipitation rate - .78"/hr.
3. Specified Head #3 (Toro 640-02-43,148 deg. & 173
deg. or "approved equal")
A. Body: Non -corrosive cycolac and stainless
steel construction.
B. Gear -driven, pop-up design.
C. 2 3/8" pop-up to nozzle, 1" NPT female
thread inlet.
D. 56' radius at 40 p.s.i. with 13.2 G.P.M.
E. Maximum working pressure - 150 G.P.M.
F. Height - 9"
G. All inside parts to have vandal -resistant
slide -lock positioning.
H. Precipitation Rate - 0.95"/hr for 148 deg.
head, 0.81"/hr for 173 deg. head.
4. Specified Head #4 (Weather-matic 37P with 420-16
Nozzle and 37P with 420-10 Nozzle or "approved
equal")
A. Percision-milled, high quality brass nozzle
B. High pop-up spring retraction sprinkler
C. Pop-up height 12"
D. High impact ABS body, cover and flow tube
E. Precipitation Rate- 2.0"/hr. for 420-16 &
3.5"/hr. for 420-10 nozzle.
G. Controller(s)
1. Central Controller (Weather-matic Mark 230 or
"approved equal")
"— A. 30 Stations
B. Solid-state timer- variable from 0 to 99
�^ minutes on each station in 1-minute
increments.
C. Battery back-up to retain program and clock
time for 60 minutes if power fails
(requires two NiCd rechargeable
batteries).
D. Electricity - Input - 115 V. AC. Output -
24 V. AC., input and output surge
protectors.
E. Size: Approximately 11" W, x 17" H, x
�. 8.5"D.
F. Housing: Raintight, urethane coated heavy -
gauge steel, with a hinged cover having
two side toggle latches and cylinder lock.
2. Satellite Controller (if applicable)
►:
H. Lightning Arrestors with Grounding Rods
1. Arrestor To Be:
A. Installed at controller by owner.
Lightening rods also to be installed by
owner.
2. Ground Rods -Copper coated steel using copper
coated or bronze one piece clamps.
3. See 7.11 For more information
I. Control Wiring
1. All 24 volt wiring to be 12 AWG-annealed copper,
Baron UF, 600 volt, PVC coated UL approved
direct burial.
2. All wire to be single stranded, one wire for each
electric valve and a common wire.
3. All control wires to be installed at minimum
depth of 18" and directly under any pipe if the
same ditch is used.
J. Control Pressure Pump Station (if applicable)
1. Not Applicable
K. Miscellaneous Equipment
1. Wire Connectors
A. Provide moisture -proof connection for
underground wiring.
B. Copper crimp sleeves must be used inside
moisture -proof connectors to secure wires
2. P.V.C. Solvent and Primer
A. Solvent used on P.V.C. pipe shall be of type
approved by both the manufacturer of the
pipe and manufacturer of fittings.
B. Primer used shall be type approved in same
fashion.
C. Primer will be color tinted.
3. Thrust Blocks
A. Concrete "ready -mix" - 3,000 p.s.i. in 28
days with 3 number 3 rebar installed. To
be placed at all angles and terminal ends
of 2 1/2" or greater pipe. To be placed
at all angles (90's, 45's, tees) and at
terminal ends of pipe. (Refer to Thrust
Block detail) Thrust blocks must be
~^ installed against the pipe and extend to
an undisturbed vertical wall of the
trench.
7. Execution
7.1 Handling of Materials
A. Contractor shall exercise care in handling, loading, and
unloading of all equipment. All P.V.C. pipe,
fittings, and other equipment shall be adequately
�- covered and protected from the elements. Pipe and
fittings also shall be transported in such a fashion
as to be protected from excessive bending and from
external, concentrated load at any point. -
7.2 Trenching
A. To have straight, flat bottoms and of sufficient depth
for sprinkler head and operable swing joint.
B. Depth of Trench
1. 4" pipe or smaller - 18" minimum cover.
2. Pipe larger than 4" - 24" minimum cover.
C. Pipe pulling is not acceptable.
7.3 Laying of P.V.C. Pipe
A. Pipe to be snaked from side to side of trench bottom to
allow for expansion and contraction of pipe.
B. All foreign matter to be removed from inside of pipe
prior to joining. Keep clean during laying operations
by means of plugs or other approved methods.
C. All lumber, rubbish, and large rocks shall be removed
from the trenches. Pipe shall have firm, uniform
bearing for the entire length of each pipe line to
prevent uneven settlement.
D. When trench is cut through rock or rock ground, the pipe
must be bedded three inches on all sides with approved
sand.
E. Do not lay pipe in water, or when trench or weather
conditions are unsuitable for work.
F. When work is not in progress, securely close open ends
of pipe fittings so that no trench water, earth, or
other substance will enter pipes or fittings.
G. Take up and relay any pipe that has the grade or joint
disturbed after laying.
H. Fittings at bends in the pipe line and at ends of lines
shall be firmly wedged against the vertical face of
the trench, but not against rock.
I. Thrust blocks to be used. See 6.2.-K.3.A. (Thrust
Blocks)
J. Make joints in all screwed fittings by applying Teflon
tape on male threads. Use of Teflon dope is
prohibited.
K. Only schedule 80 pipe and fittings may be threaded.
L. Where threaded P.V.C. connections are required, use
threaded P.V.C. adapters.
M. There shall be no less than nine (9) inches of pipe
between any two fittings.
N. No cross tees or street ells are to be used at any time.
0.. On cut pipe, all burrs to be removed, tees and pipe to
be cleaned, and primer and solvent applied as to
standard application process.
P. After pipe has been solvent weld, do not apply water
pressure for a minimum of twenty-four (24) hours.
Q. All pipe shall be installed so that manufacture's
markings are facing the up position.
R. Excess PVC Solvent shall be removed from joints before
drying to prevent pipe weakening. Pipe connections
made with excess solvent will not be accepted.
S. The owners representative must be given twenty-four (24)
hour notice before pipe trenches are covered so that
owners representative may be present for inspection.
After pipe system has been inspected and approved,
trenches may be closed.
7.4 Installation of Valves (gate, double check, and section
valves.)
A. Install all new valves deep enough so that valve box lid
will be flush to existing surface.
B. Install double check valve with brass unions before and
after valve as shown on detail.
C. After installing valves and valve boxes, backfill hole
with pea gravel up to bottom of valve.
D. Quick coupler valve to be installed on double swing
joint as specified on plans. Top to be flush with
finish grade.
7.5 Sprinkler Heads
A. All sprinkler heads to be installed at spacing indicated
on plans.
B. All sprinkler heads to be installed on double swing
joint assemblies as indicated on plans.
C. Install heads so that top of head is slightly above
ground level to allow for settling.
D. All sprinkler heads to be set to proper arc by
Contractor.
E. All heads to be installed six (6) inches from back of
curb or jogging track edge (when applicable).
7.6 Flushing
A. The mainline and valves will be flushed after
installation. Full working pressure must be used to
flush all lines. On a loop system the two valves the
greatest distance from the water source will be
opened. On any other configuration of mainline, the
last valve on each mainline will be opened for
flushing. The Owner's representatives must be given
twenty-four (24) hours notice before flushing begins
so they may be present for inspections. After
mainlines have been inspected and flushed the lateral
lines may be installed.
B. The lateral lines will be flushed just prior to head
installation. Flushing procedure will consist of
pointing all swing joints away from ditch line to
prevent contamination. The next step is to open the
valve with full working pressure and begin capping
each swing joint with a threaded cap, beginning with
the swing joint closest to the valve and ending with
the swing joint the greatest distance form the valve.
Twenty-four (24) hour notice must be given to Owner's
representatives for inspection.
C. Flush pipes until free of all rock, dirt, trash, pipe
shavings, and debris.
7.7 Leakage Test
A. After pipe is laid, line to be pressurized and all air
expelled from line at highest point of each section.
B. Each line to be inspected for leaks. Any joints showing
leaks shall be repaired and any cracked or defective
pipes or fittings shall be removed and replaced with
good material.
7.8 Backfill
A. Trenches to be backfilled with the excavated earth from
trench work. All rocks and debris to be removed and
no item larger than two (2) inch diameter to be placed
back in trench. Backfill is to be compacted and
flooded to settle trench. Contractor shall add more
backfill if needed to bring trenches to existing
grade.
7.9 Controller
A. Contractor to locate controller as indicated on plans.
B. Owner to install a 18" x 18" concrete slab four (4)
inches thick flush to ground. Owner will provide and
install prefabricated metal raintight box for
Contractor to install controller in. Owner will
install grounding rod through concrete slab.
C. Owner shall install rigid conduit from edge of slab, ell
up through and attach to controller box. One conduit
for power source; one conduit for common/section
wires.
D. Power wire conduit to be 3 4" diameter rigid conduit to
meet city code.
`~ E. One duplex plug shall be installed in the controller
box.
7.10 Wiring
A. Control wires from controller to valves shall be laid in
sprinkler line trenches (if applicable -wiring to be
installed along wiring route on plan).
B. Control wires to be taped together every twenty (20)
feet along trench. .
C. Expansion loops shall be made every 50 foot length of
wire run by wrapping at least five (5) turns of wire
around a one (1) inch rod or pipe, then withdraw the
rod.
D. All wire connections or splicing work shall have
moisture proof connectors, and their location must be
denoted on the as -built plan. Contractor shall
minimize amount of splices.
E. Common valve wiring shall be white through entire
�.. system.
F. Section valve wires shall each be a separate color up to
nine (9) different colors. Each section must maintain
consistent color from controller to valve. White wire
may not be used as section wire.
7.11 Lightning Arrestors and Rod
A. A lightning arrestor and rod shall be installed at each
controller. The rod shall be installed by the owner
and placed within the concrete slab below the
controller.
B. Rod shall be copper coated steel, minimum 8 feet long
and 5 8" diameter.
C. Rod shall have minimum resistance of twenty five (25)
OHMS or less.
D. Rod to be connected to controller by a copper coated or
bronze one piece clamp.
E. Wire used to connect controller, to lightning rod shall
be 6 gauge solid copper wire or one gauge larger than
power wires, whichever is largest.
8. Inspection/Acceptance
8.1 Preliminary Inspection
A. When all initial installation is done and all
incidentals necessary to the proper function of the
system is done Contractor shall request Owner to walk
through system and visually check the operation of the
system. At this time Owner and Contractor will
discuss repairs that may need to take place.
8.2 Final Inspection
A. After preliminary inspection has taken place and all
corrections and repairs have been completed by the
Contractor, Contractor and Owner will again walk
through system to check operation. This procedure
will be repeated until system operates to Owner
satisfaction. At this time Owner will accept system
from Contractor. An acceptance form will follow from
Owner to Contractor.
9. Clean up
9.1 Removal of Site Debris
A. Contractor shall:
1. Make final clean-up of all parts of work.
2. Remove all construction material and equipment.
3. Prepare site in an orderly and finished
appearance.
4. Remove from site any rock or extra dirt that
resulted from this work and restore site to its
original condition.
10. Warranty
10.1 Guarantee
A. Contractor shall:
1. Make all needed repairs or replacements due to
defective workmanship or materials for exactly
one (1) year following date of final acceptance.
2. Be responsible for all expenses necessary for
repairs and replacement.
3. Pay all expenses incurred if Contractor fails to
act upon a request from Owner for repairs to
system. If Contractor fails to do work within
ten (10) days after request has been made by
Owner, Owner will proceed with repairs and
charge all expenses to Contractor.
4. Pay for expenses incurred to project due to
vandalism prior to final acceptance.
B. Owner shall:
1. Pay for all expenses incurred due to vandalism
after final acceptance.
End of Section
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SPECIAL CONDITIONS
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SECTION 03- SPECIAL CONDITIONS
KINGSGATE PARK- 87th Street @ Nashville Avenue
1. Owner is to provide metal raintight box for controller.
.� Owner is to mount box into concrete slabs as noted on
plans. Contractor will then mount irrigation controller
firmly into box and connect lightning arrester. Rigid
conduit is to be used by Contractor to run power from
source to controller. P.V.C. will not be accepted for
conduit. Conduit and placement is to conform to city
regulations.
2. Owner is to provide concrete vaults (2) for the double
check valves. Contractor is to install the vaults as
shown on plans and details.
End of Section
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T0:
NOTICE OF ACCEPTANCE
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 198_ at
the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, cer-
tificates of insurance, and all other documents specified and required to be executed and furnished under the con-
tract 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 re-
tained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representative
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MAP IN FILE
SEE
RESOLUTION
# 336 z