HomeMy WebLinkAboutResolution - 5273 - Contract - Donald Haines Company - Dry Pipeline Boring - 09_10_1996RESOLUTION NO.5273
September 10, 1996
Item #33
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, attached herewith, by and
between the City of Lubbock and Donald Haines Company of Perryton, Texas, to install and
furnish all materials and services as bid for the Dry Pipeline Boring, and any associated
documents, which Contract 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
loth day of September _, 1996.
Alex "Ty" Cooke, Mayor Pro Tem
ATTEST:
' I.-1/10 %�&� -
arold Willard, Interim City Secretary
APPROVED AS TO CONTENT:
Victor KilmalL Purchasing Manager
APPROVED AS TO FORM:
Wnald G. Vandiver, First Assistant
City Attorney
DGV : da/ccdocs/haines. res
September 3, 1996
— RESOLUTION No. 5273
Sept 10, 1996
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City of Lubbock
P.O. Box 2000
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Lubbock, Texas 7J457
606-767-2167
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MAILED TO VENDOR:
OLD CLOSE DATE:
NEW CLOSE DATE:
ITB #13632 - DRY PIPELINE BORING
Office of
Purchasing
August 2,1996
August 8, 1996 @ 3:00 P.M.
August 16, 1996 @ 4:00 P.M.
ADDENDUM #1
The following items take precedence over specifications for the above named ITB. Where any item
called for in the ITB documents is supplemented here, the original requirements, not affected by this
addendum, shall remain in effect.
1. In the specifications for Shallowater, Texas, please change the fourth (4th) sentence to
read as follows:
'...Bore will accommodate 16" casing and will be 200' in length, and
approximately 14.6" deep.'
2. In the specifications for East 50th & Southeast Drive, please change the fourth (4th)
sentence to read as follows:
'...Bore will accommodate 16" casing and will be 120' in length, and
approximately 8' deep."
3. In the specifications for East 50th & Southeast Drive, please add the following sentence:
'...Specification depths and dimensions are listed in the Exhibit.'
4. Enclosed please find the revised Bid Submittal Form. Note the change in the description
for Exhibit `A". Please submit your bid on the revised form.
5. The bid closing has changed:
from: August 8, 1996 3:00 P.M.
to: August 16, 1996 4:00 P.M.
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apmch.-id—d-Um 921% IL51 AM
All requests for additional information or clarification must be submitted in writing and directed to:
Laura Ritchie
Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to: (806)767-2164
THANK YOU,
ew, w� - C poz k t
LAURA RITCHIE
BUYER
PLEASE RETURN ONE COPY WITH YOUR BID.
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Enclosure
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BID SUBMITTAL
UNIT COST BID CONTRACT
PLACE:
F DATE:
PROJECT NUMBER: 13632 - DRY PIPELINE BORING
! Bid of (hereinafter called Bidder)
r To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
7 The Bidder, in compliance with your invitation for bids for the construction of a
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the
construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor,
materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents,
within the time set forth therein and at the price stated in Exhibit W.
The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the
accompanying forms, for performing and completing the said work within the time stated and for the prices stated in
Exhibit "A" of this bid
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 wlthln 16 (FIFTEEN) 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 $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of
the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the
contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
r, instruction number 21 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
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commence work on or before the date specified in the written notice to proceed, and to substantially complete the work
on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashiers check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total
amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if
required) within (ten) 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashiers Check or Certified Check for
Dollars ($ ) or a Bid Bond in the sum of Dollars
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by
the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the
Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check
17 or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
Authorized Signature
(Printed or Typed Name)
Company
Address
City, County
State Zip Code
Telephone:
Fax:
(Seal if Bidder is a Corporation)
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ATTEST:
7 Secretary
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EXIT "A"
BID SUBMITTAL
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DRY PIPELINE BORING
BID FOR UNIT' COST CONTRACT`
Item
Quantities Per Total
& Units Description of Item & Unit Prices L.F. Amount
rNo.
1
320 L.F. Furnish all labor and equipment necessary to
excavate and complete a dry bore to accommodate
16" steel casing. City will furnish all casing,
carrier pipe and perform backfill and compaction.
MATERIALS:
($
i SERVICES:
1
($
TOTAL:
($
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ALITHORIZED SIGNATURE
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LIST OF SUBCONTRACTORS
Minority Owned
Yes
No
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0
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0
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0
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0
0
0
0
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❑
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: DRY PIPELINE BORING
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13632
PROJECT NUMBER: 9743.9241
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITION
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[NOTICE TO BIDDERS
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f NOTICE TO BIDDERS
BID #13632
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Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 3:00
o'clock p.m. on the 8th day of August. 1996, or as changed by the issuance of formal addenda to all planholders, to
r furnish all labor and materials and perform all work for the construction of the following described project:
' "DRY PIPELINE BORING"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Purchasing Manager and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager
T for the City of Lubbock, prior to the expiration of the date above first written.
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The City of Lubbock will consider the bids on the 22nd day of August, 1996, at the Municipal Building, 1625
13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or
all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance
l with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract
price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter
2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
" $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the
f rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder.
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 bid bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of
award of the contract to him.
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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. There will be a pre -bid conference on 1st
7 day of August, 1996, at 9:00 o'clock a.m., in the Purchasing Conference Room L-04, 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, Vemon'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.
j" The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response
to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration for an award.
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The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings
and bid openings are available to all persons regardless of disability. If you would like bid information made available in
a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at
(806) 767-2281 at least 48 hours in advance of the meeting.
�Ez�
CIITY OFLUBBOCK
*Xcr,�VICTOR KI
PURCHASING MANAGER
Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164.
F.
GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents for the DRY PIPELINE BORING.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General
Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
construction of this project and shall be responsible for the satisfactory completion of all work contemplated by
said contract documents.
r` 3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
r 4. BIDDER INQUIRIES
No bidder shall request any information verbally. All written requests for additional information or clarification
concerning this bid must be addressed to:
LAURA RITCHIE
BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806)767-2164
5. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 15 (FIFTEEN) consecutive
calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful
bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the
City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the
contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by
the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may
direct the Contractor to take such action as the City deems necessary to insure completion of the project within
the time specified.
6. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
7. 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.
8. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a representative of the City on the site will not relieve
the Contractor of full responsibility of complying with this provision. The specifications for materials and methods
set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to
procure a satisfactory project.
9. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective
materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written
general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any
and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year
from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the
Owner (City of Lubbock).
10. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work' contemplated by the Contractor.
11. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended 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.
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12.. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of
Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
i . 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
r- It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
r location of all such underground lines and utilities of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired
�w immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
` 14. BARRICADES AND SAFETY MEASURES
r` The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals,
and shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
r� and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
i 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.
15. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from
the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume
full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all
cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger
life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms,
or corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract,
it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground)
in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given
sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their
property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage
resulting from his blasting operations.
16. 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.
17. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All
policies shall contain an agreement on the part of the insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from
the Contractor to the effect that no work on this particular project shall be subcontracted.
18. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on this project shall not be less than
specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders'
attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for
the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of
the schedule of general prevailing rate of per diem wages in these contract documents does not release the
Contractor from compliance with any wage law that may be applicable. Construction work under this contract
requiring an inspector will not be performed on weekends or holidays unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort
to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must
notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires
to do work and obtain written permission from the Owner's Representative to do such work. The final decision on
whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's
Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this
contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work,
regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer
dangerous to property or life.
19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site
of the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each
employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit
shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as
shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor
must classify employees according to one of the classifications set forth in the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars
for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer,
workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the
schedule of general prevailing rate of per diem wages included in these contract documents.
20. PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
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22.
23.
PREPARATION FOR BID
The bidder shall submit his bid 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 intends to do the work
contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or
typewritten. In case of discrepancy between the price written in words and the price written in figures, the price
written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly
authorized agent. if a bid is submitted by a fine, association, or partnership, the name and address of each
member must be given and the bid signed by a member of the firm, association or partnership, or person duly
authorized. If the bid is submitted by a company or corporation, the company or corporate name and business
address must be given, and'the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The
bid shall be executed in ink.
Each bid 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) Bid for (description of the project).
Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no
bid may be withdrawn or altered thereafter.
BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
M Insurance Certificates.
Q) 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.
QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified
therein in a satisfactory manner. The bidder may also be required to give a past history and references in order
to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable
investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the
bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of
Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to
satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to
complete the work described therein. Evaluation of the bidder's qualifications shall include:
1
1. The ability, capacity, skill, and financial resources to perform the work or provide the service required.
2. The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. _
4. The quality of performance of previous contracts or services.
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BID SUBMITTAL
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PLACE: ,f! u b b o c K J Y
DATE: i ra k s / 9 96
BID SUBMITTAL
UNIT COST BID CONTRACT
r PROJECT NUMBER: 13632 - DRY PIPELINE BORING
Bid of —J)n A/ a � f.�/ e s �O N�rJ a At Y (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a ,. f�, c 4A'r c
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the
construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor,
materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents,
within the time set forth therein and at the price stated in Exhibit W.
The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the
accompanying forms, for performing and completing the said work within the time stated and for the prices stated in
Exhibit "A" of this bid
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 1S (FIFTEEN) 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 $200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of
the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the
r- contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 21 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 dosing time for receiving bids.
r 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; land he further -agrees to
7
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commence work on or before the date specified in the written notice to proceed, and to substantially complete the work
on which he has bid; as provided In the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashiers check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total
amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if
required) within (ten) 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for :n
Dollars ($42 5 o. o c ) or a Bid Bond in the sum of Dollars ($ ),
Mich it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by
the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the
Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherWse, said check
or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
' documents made available to him for his inspection in accordance with the Notice to Bidders.
(Sea[ if Bidder is a Corporation)
ATTEST:
Secretary
A
Authorized Signature
(Printed or Typed Na/me) / r
�o�a1d Ha ��ieS
Compan
'90 1
Addr ss
City, �, County
79D 70
State Zip Code
Telephone: .?d4 - s' 39 7.5
Fax: Slog - 66= 3 9 ?s
EXHWIT "A"
BID SUBMITTAL
DRY PIPELINE BORING
BID FOR UNIT COST CONTRACT
Item
Quantities
Per Total
No.
& Units
Description of Item & Unit Prices I.F. Amount
1
320 L.F.
Furnish all labor and equipment necessary to
excavate and complete a dry bore to accommodate
16" steel casing. City will furnish all casing,
_
carrier pipe and perform backfill and compaction.
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MATERIALS:
($ )s
SERVICES:
($ 2' , 00 )S
TOTAL:
($ )$ ,23 LEO
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AU THOPJ= SIGNATURE
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L
1.
2.
3.
4.
S.
6.
7.
8.
G.
10
LIST OF SUBCONTRACTORS
Minority Owned
Yes
No
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
PAYMENT BOND
f
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i STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
rr (CONTRACTS MORE THAN $25,000)
r KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as
f
Principal(s), and
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(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
',.. Obligee), in the amount of Dollars ($ J lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of
,19 ,to
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I
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
i
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
r claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, 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
day of 19
rSurety Principal
7 .By:
(Title)
By:
(Title)
By:
(Title)
By:
(Title)
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d
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates 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.
r Surety
I.
r * By:
(Title)
Approved as to form:
�. City of Lubbock
By:
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
e 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.
� 7
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PERFORMANCE BOND
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STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Dollars ($ ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of
, 19_, to
and said principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, 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 _
I, day of , 19
Surety
By:
(Title)
Principal
By:
(Title)
By:
(Title)
By:
(Title)
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The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
�^ designates an agent resident in Lubbock County to whom any requisite notices may be delivered and
on whom service of process may be had in matters arising out of such suretyship.
Surety
0
*By.
(Title)
Approved as to Form
City of Lubbock
r' By:
City Attorney
t,.. * 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.
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CERTIFICATE OF INSURANCE
ACORD. R''111►E OF
�.IABIt'
INS�IN 09;; 6
:..
4
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PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Duncan , Fraser i Bridges
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance Agency, Inc.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
117 East Kingsmill
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Pampa TX 79065
COMPANY
A Bituminous Insurance Co.
Lyndon M. Field
Phone No. 806-669-3333 FIXNO.
INSURED
COMPANY
B
COMPANY
Donald Haines Company
C
P O BOY 2S8
COMPANY
Perryton TX 79070
D
�-
C41/E12AGE8
.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED
BELOW HAVE BEEN ISSUED TO THE INSURED NANIED ABOVE FOR THE POLICY PERIOD
IINDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDDIYY)
POLICY EXPIRATION
DATE (MMIDONY)
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE
s2,000,000
PRODUCTS-COMPIOPAGG
$2,000,000
A
X COMMERCIAL GENERAL LIABILITY
CLP2279151
08/19/96
08/19/97
CLAIMS MADE ® OCCUR
PERSONAL 3 ADV INJURY
$1 , OOO , OOO
EACH OCCURRENCE
$1 000 000
OWNER'S &COMRACTOR'SPROT
AUTOMOBILE LIABILITY
A
ANY AUTO
1
t
ALL OWNED AUTOS
X
SCHEDULED AUTOS
X
HIRED AUTOS
X
NON -OWNED AUTOS
r i
FIRE DAMAGE (Any one fire) $50 , 000
MED EXP (Any one Peron) $5 , 000
CAP1876690 08/19/96 08/19/97 COMBINED SINGLE LIMIT $1 , 000 , 000
BODILY INJURY $
(Per Per—)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
S
OTHER THAN AUTO ONLY
EACH ACCIDENT
S
AGGREGATE
S
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
S
AGGREGATE
$
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABU Y
THE PROPRIETOR/ INCL
PARTNERS/EXECUTTVE
OFFICERS ARE EXCL
Information has been
Quote. As soon as po
certificate will be f
ent to Company
icy is bo
xed to Yo
for
nd, a new
R WC YTAMTNUT OT-
EL EACH ACCIDENT
$
EL DISEASE - POLICYUMIT
S
EL DISEASE - EA EMPLOYEE
I
OTHER
Vt!bt;K1r I IVN Ur LWMAA 1 fUT4WWtiA IiVNb/VCF11tiLCblbrCLLlP1L I CIYIb
Waiver of subroggation in favor of the City of Lubbock on GL X Auto. City of
F
Lubbock named additional insured on Auto.
CITYL-3
City of Lubbock
Purchasing Department
P.O. Box 2000
Lubbock TX 79457
Lyndon X. Field ✓
Sep-24-96 02:21P DFB Insurance Agency 806 669 2111 P.01
A .r_. r i 1. I I
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CERTIFICATE OF
LIABILITY INSURANCE °"� ""'4/9
ACOR0_
O�I'iALL4 09/24J96
PRE
THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATM
Duncan, Framer i Bridges
ONLY AND CONFERS NO RIGHTS UPON THE CERTFICATE
Insurance Agency, Inc.
HOL.DER. THIS CERTIFICATE DOi98 NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
117 Last Ki.ngsmil l
Pampa T8 70065
_ COMPANIES AFFORDING COVERAGE..
Li'n don M. Field
COMPANY
i A Ditaminouo Insurance Cn
PYo"No. PONke..—
,806-669�8333
IED
1 COMPANY
B Texan ML aaaurance land
Donald Haines Company
C
P O Sox 258
coMPMPatir
Perryton TX 79070
D
COVERAGES
i rM IS TO CERrM THAT TI IC PO'jaca or R4CLXUUdci ugTGD BELOW HAVE DEFN I%% IFn Tn THE N5URED NAN= AogvE FOR THE POJCY PERIOD
1CK:ATED. NOTWITHISTANOWO ANY REQUIREMENT, TEWA OR
CCNOITION OF ANY CONTRACT OR OTHER DOCLIMENT WITH RESPECT TO WHICH THS
CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, T1IE INSURANCE AFFORDED ET THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONOITKWS OF SUCH POLICIES. LM73 SHOWN MAY HAVE BEEN REDUCED 6Y PAID C I AIMS.
ICY EFFECTIVE POLICY EXPM4ION I
TYPE OF SISURANCE POLICY NUMBER
LTR
LIMITB
DATE (MMJOQIYY) DATE IMMIDDIYY)
SENERAL LIA&UrT
I GENERAL AOOREGATE 1 _QJ OQO,t ( D-0
1
A XtCOMAIERCIAL3E1ERALL:ASiLrY CLP2279251
08/29/96 00/10/97 PRODUCTS COMPI0PAC0�t2,000,000
CLAIMS MA;:E I OCCUR I
I PERSONAL 8 ACI INJURrOO�
_J _�
I X OWNER•$aCONTRAC7OFrSPRrT' PM3MG+*
09/24/96 I 01/01/91 EACH It 1,000,0D0--
FIREDAMAu'E(Mrone6ra) ( $ 50,000 ._
MED W (Any one proon) f : 5 , 00 0
AU1101105ILE LIABILITY
A ANY AUTO i CAP1e76690
09/19/96
�CCINGII`1®sINaLEL.NR $1 aoo 000
06/19/97
I ALL OWNED ALIrDS
rx
�
I SC DLY IN!U:iY
.Y.r,tLJl%LiL,NJIVO '
t
: (R9r P&MO,I
HIRED AUTOS
EBODILY
1 auuRY s
Lg NON -OWNED A'1TOS
I p tR�r acaaenq 1
I
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l
i PImPFRTY'1AW5F !r i
*ARAM L1A81LTTY I
� � AUTO ONLY • EA ACCIDENT ; b.-,• •. • .,_
ANY AUTO
OTHER THAN AUTC ONLY tt
EACH ACCIDENT I S
AGGREUA1t ' %
EXCESSLLIBILM
i EACAOCCURRE_NCE i=____...
UMBRE.LA FORM
_
` a C'CATE I i
_�.S '
� OTHER THAN LMBRELLA FORM
'
woRlcalo oDlurcuwTlou AND
EMPLOYERS' LABILITY
i -
+---`
ELua+ACxDErvT
i 1,a00,00_0
8
711CPROPR'ETOFV1 NCL ( PZMING
j 09/25/96 09/25/97 1 ELDISEAU POLICruMR
I $ 1,000,000^
PARTNERSIFXKAmVE ✓ -
OFFICERS ARE EXCL !
EL L71 mw • FA EMPLOYEE
1 f 1 000 , 000
OTHER i
1
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MWRIKION OF°PERATXM3A.00ATMN3WDICLZWSPrCtAL ITEMS
waiver of ppnbr t3 in fiI�rt1T of t P Ci ]P of Ck pa i to. Cit
fLubbock kg Ln
ft additional lsssure.. on 0. y of aoa as ear s
g9
iasured. Donald Haines Cc as designated Contractor.
CERTIFICATE HOLDER
CANCELLATION
r; ITYL-3 SHM" ANY OF THE ABOVE DESCR18M POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE 135U1NG COMPANY VALL ENDEAVOR TO AWL
10 DAYS WRITTEN NORC:E TO THE CERTtFiCArr HCfL.DER MARLED TO TW- LEFT,
City ty Of of LLubbockDepartment
BUT PuLURE TO NAIL SU^Ji NOTICE SHALL IMPOSE NO 08L1GATICN OR UABILIrY
P.O. Bo= 2000
OF ANY AINDUPON THE COIMPAMY.ITS ACIENTSCAREPRESENTATWM
Lubbock TX 79457
AUTHORIZEDREPRESENTATNE
Lyndon K. Field
wrnen Res 191aa1
.Ib r !•Mt uRR
v
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Appropriate Insurance Agent/Broker
Prior to Award of Contract
I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have
been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this
contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by
contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this
bid/proposal.
C'
a
,.. Agent (Signature) Agent (Print)
Name of Agent/Broker:
Address of Agent/Broker:
City/State/Zip:
rAgent/Broker Telephone Number.
t Date:
l CONTRACTOR'S NAME:
l (Print or Type )
CONTRACTOR'S ADDRESS:
3
NOTE TO AGENT/BROKER
If this time requirement is not met, the City has the right to reject this bid/proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please
contact the Purchasing Manager for the City of Lubbock at (806)767-2165.
BID #13632 - DRY PIPELINE BORING
0
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CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year
j thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
m post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to
provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19 point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
r
REQUIRED WORKERS' COMPENSATION COVERAGE
f— "The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
(8)
F
7
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage, or
to report an employer's failure to provide coverage." and
contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements for all of its employees providing services on the project, for
the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of
this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.D
No Text
f�
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t.
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 12th day of September, 1996 by and between the City of
Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to
do so, hereinafter referred to as OWNER, and DONALD HAINES COMPANY of the City of Perryton. County of
Ochiltree and the State of Texas hereinafter termed CONTRACTOR.
i"
I WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID # 13632 - DRY PIPELINE BORING - $23,680.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance and other accessories and services necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance
with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
ATTEST:
Secret
APPRO� VVF AS TO CONT T: �--�
Owher's Representative
APPROVED AS TO FO M:
-- �'k. 7
Cit Wt —to mey
ATTEST:
Corporate Secretary
CITY OF LU BO K, EXAS (OWNER)
By:
MA OR O em
CONTRACTOR:
DONALD HAINES CM OGPYY AN /
By: Aq-'C� L'-)Clot o
PRINTED NAME: .,d0Aj;)'1d [,/. 1'1.1w's
TITLE: tl wye r'
COMPLETE ADDRESS:
Donald Haines Company
P.O. Box 258
Perryton, Texas 79070
GENERAL CONDITIONS OF THE AGREEMENT
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7
F
GENERAL CONDITIONS OF THE AGREEMENT
OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it
shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be
understood to mean the person, persons, co -partnership or corporation, to wit: DONALD HAINES COMPANY
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, City of Lubbock, under whose supervision these contract documents, including plans and
specifications, were prepared, and TERRY ELLERBROOK MANAGING DIRECTOR OF WATER UTILITIES
who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by
said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the
Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men
acting in behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to
r" 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.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
7. WRITTEN NOTICE
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.
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8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, fumish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract
documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shah --
accomplish this work in a manner acceptable to the Owner's Representative. The Owners Representativ mil
check the Contractors layout of all major structures and any other layout work done by the Contractor at
Contractors 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 fumished 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 Owners Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the
work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or
the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner
that the completed project will conform to the requirements of the contract documents, but he will not be
responsible for the Contractors failure to perform the work in accordance with the Contract Documents. On the
basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to
guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be fumished by the Owners Representative whenever necessary for the
commencement of the work contemplated by these contract documents or the completion of the work
contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to '—
permit Owners Representative to comply with this requirement, but such suspension will be as brief as practical
and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owners
Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, _
etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his
Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owners Representative at
Contractors expense.
FAI
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review all work included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases,
determine the amounts and quantities of the several kinds of work which are to be paid for under this contract.
He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases,
decide every question which may arise relative to the execution of this contract on the part of said Contractor.
The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on
the contract, and to any rights of the Contractor to receive any money under this contract.
r The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to
the execution of the work or the interpretation of the contract, specifications and plans.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may
deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said
material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall
�- furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspector's for the
proper inspection and examination of the work. The Contractor shall regard and obey the directions and
` instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and
instructions are consistent with the obligations of this Agreement and accompanying plans and specifications
provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or
inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory
to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions
given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable
representatives of the Contractor is essential to the proper performance of the work and lack of such supervision
shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be bome by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
7 subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
r It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
• work, and the general and local conditions, and all other matters which in any way effect the work under this
contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before
or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in.the performance in the type of work
required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform
him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such
man or men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution
and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and
it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and
accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at
gall times be maintained in a manner satisfactory to the Owners Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall
be approved by the Owners Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owners Representative shall have the right at all reasonable times to observe and test the work.
Contractor shall make necessary arrangements and provide proper facilities and access for such observation and
testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any
observation which may be contemplated by Owner or Owners Representative and shall give ample notice as to
the time each part of the work will be ready for such observation. Owner or Owners Representative may reject
any work found to be defective or not in accordance with the contract documents, regardless of the stage of its
completion or the time or place of discovery of such errors and regardless of whether Owners 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 Owners Representative, be uncovered for examination
at Contractors 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 Owners Representative to make observations of such work or require
testing of said work, then in such event Owner or Owners Representative may require Contractor to furnish
Owner or Owners 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 Owners Representative, it must, if requested by the Owner or Owners Representative,
be uncovered for observation and testing at the Contractors expense. The cost of all such inspections, tests and
approvals shall be bome 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 Contractors expense.
f
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections,
tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the
requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not
in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice
thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such
work so that it shall be in full accordance with this contract. It is further agreed that any remedial action
contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof,
either before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for
^` a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount
of work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. in case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual
loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally
(~^ planned.
i
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not
covered by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require writtenconfirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is
commenced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) percent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph
`shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment,
for the time actually employed or used on such extra work, plus actual transportation charges necessarily
incurred, together with all expenses incurred directly on account of such extra work, including Social Security,
Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all
I"
other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative,
or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost
shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be
determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership
Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for
the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent
(15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead,
general superintendence and field office expense, and all other elements of cost and expense not embraced
within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be
maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be
included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owners Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's
Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what
does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists
upon its performance, the Contractor shall proceed with the work after making written request for written order
and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C).
The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below
provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the bid, 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 bid to complete the work in accordance with these plans and
specifications. It is further understood that any request for clarification must be submitted no later than five days
prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality
of work with the rate of progress required under this contract, the Owner or Owner's Representative may order
the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with, the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' 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
r-'
fA
6 Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and
save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person
or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their
r agents or employees, in the execution and supervision of said contract, and the project which is the subject
i matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary
. barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained
against the Owner or any of its officers, agents, or employees including attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the work
progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption
a of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
l The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
E cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All
policies shall contain an agreement on the part of the insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from
the Contractor to the effect that no work on this particular project shall be subcontracted.
The Contractor shall procure and cant' at his sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate
of insurance specifying each and all coverages shall be submitted prior to contract execution.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability insurance with limits of $250,000 Combined
Single Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
I B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
P
For bodily injuries, including accidental death and or property damage, $250,000 Combined Single Limit.
This policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $250.000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and
Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job
and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
The Contractor shall obtain a Builder's Risk policy in the amount of ° (100%
of potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $0.00 on all contracts with
coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.
1. Definitions: t
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in ❑
entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2. The contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the contractor's current certificate of coverage ends during the
duration of the project, the contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The contractor shall obtain from each person providing services on the project, and provide to
the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
8. The contractor shall post on each project site a notice, in the text, form and manner prescribed
by the Texas Workers' Compensation Commission, informing all persons providing services on
the project that they are required to be covered, and stating how a person may verify coverage
and report lack of coverage.
9. The contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
! and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
?^� (2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who will —
provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate _
insurance carrier or, in the case of a self -insured, with the commission's Division of Self -
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the, contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as
evidence of compliance with the above insurance requirements, signed by an authorized representative
of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by _
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the bid specifications. _
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the
job specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall
(a) provide coverage for its employees providing services on a project, for the duration of
the project based on proper reporting of classification codes and payroll amounts and
filling of any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the contractor's current certificate of coverage ends during the duration of the project;
(d) ` obtain from each person providing services on a project, and provide to the
governmental entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter,
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Act or other commission riles. This notice must
be printed in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services
related to this construction project must be covered by workers' compensation
insurance. This includes persons providing, hauling, or delivering equipment and
materials, or providing labor or transportation or other service related to the
project, regardless of the Identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 5121440-3789 to receive
Information on the legal requirement for coverage, to verify whether your
employer has provided the required coverage, or to report an employer's failure to
provide coverage." and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees
providing services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the language in
subsection (e) (3) of this rule;
(iv) provide the contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (A) - (H), with the certificate of coverage to be provided
to the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990,
and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all
obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of
those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within
five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain
unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness
or may apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
t^
l
r"
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
�^ The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device,
material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or
Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and
shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend
all such suits and claims and shall be responsible for all such loss when a particular design, device, material or
process or the product of a particular manufacturer or manufacturers is specified or required in these contract
documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to
r the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If
7 the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for
such loss unless he promptly gives written notice to the Owner of such infringement.
r 32. LAWS AND ORDINANCES
i
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
I 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, insofar
as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner
may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect
as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
I•"'
The Contractor further agrees that he will retain personal control and will give his personal attention to the
` fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or
materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to
the Owner, as provided by this contractual agreement.
34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract of work to be done hereunder are essential
conditions of this contract; and it is further mutually understood and agreed that the work embraced in this
contract shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any
proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the
consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $200.00 (TWO HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated
damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor
shall be in default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the
+-� completion of the work described herein is reasonable time for the completion of the same, taking into
1 consideration the average climatic change and conditions and usual industrial conditions prevailing in this
locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the
. impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event
sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner
from current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such
manner as shall be most conductive to economy of construction; provided, however, that the order and time of
prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance
with this contract, the plans and specifications, and within the time of completion designated in the bid; 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 intends to carry on the work, with dates at which the
Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. EXTENSION OF TIME
The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of
this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he
shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been
delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors
employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public
enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written
justification as may be required by Owner's Representative for such an extension as requested by Contractor.
The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the
Contractor supported by all requested documentation shall then consider such written request and respond to
Contractor in writing granting or rejecting the request for an extension of time to complete the project.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the
time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to
such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be
made by the Contractor for hindrance or delays from any cause during the progress of any part of the work
embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for
the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is
caused by such stoppage shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be 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 bids offered for the work. It is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price
method, payment shall be for the actual amount of work done and materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
� The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for
r, any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor
agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any
injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such
indemnity shall not apply to any claim of any kind arising out of the existence or character of the work.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work
by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
bid 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
p 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.
1
41. PAYMENTS
r` No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have
r not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment. Owner's Representative shall review said application for partial payment and the progress of
the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment
showing as completely as practical the total value of the work done by the Contractor up to and including the last
day of the preceding month; said statement shall also include the value of all sound materials delivered on site of
the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of
the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to
completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual
delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written
recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage
due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work
has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the
work and within said time, if the work be found to be completed or substantially completed in accordance with the
F
contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of
completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of
acceptance of the work to the Contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and. prepare a final statement of the value of all work performed and materials furnished under the
terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the
31st day after the date of certificate of completion, the balance due Contractor under the terms of this
agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said
payment shall become due in any event upon said performance by the Contractor. Neither the certificate of
acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of
the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this
contract or required in the specifications made a part of this contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned. by the Owner's
Representative on account of failure to conform to the contract, whether actually incorporated in the work or not,
and Contractor shall at his own expense promptly replace such condemned materials with other materials
conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's
Representative, Owner may remove and replace it at Contractor's expense.,
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any
damage to other -work resulting therefrom, which shall appear within a period of one (1) year from the date of
substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with
reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which
will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be In writing and filed with the Owner's Representative within fifteen (15) days after the Owner's
Representative has given any directions, order or instruction to which the Contractor desires to take exception.
The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision
in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand
for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after
MR
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
r"` bar to any claim by either party, except where noted otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
9
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
I notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of
the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the
Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete
the work and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment
under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or
another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore
(except when used in connection with Extra Work, where credit shall be allowed as: provided for under paragraph
24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the
cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for
within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either
of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such
labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so
charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may
thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such
expense is less than the sum which would have been payable under this contract, if the same had been
completed by the Contractor, then said Contractor shall receive the difference. In case such expense is
greater than the sum which would have been payable under this contract, if the same had been
completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the work, may let the contract for the completion
i•' 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.
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
r-
remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together
with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the
respective addresses designated in this contract; provided, however, that actual written notice given in any
manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the
risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery,
equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the .
Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the
Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain
on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners.
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 incorporated into the work.
Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor,
which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the
attached bid, the value of all partially completed work at a fair and equitable price, and the amount of all Extra
Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to
cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot
be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by
deducting from the above estimate all previous payments by the Owner and all other sums that may be retained
by the Owner under.the terms of this Agreement, and shall certify same to the Owner who shall pay to the
Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by
said final statement as due the Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an
approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this
contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special
conditions conflict with any of the general conditions contained in this contract, then in such event the special
conditions shall control.
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
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority
to direct, supervise, and control his own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during his performance and to carryout the other prerogatives which are expressly reserved to and vested
55.
in the Owner or Owner's Representative hereunder, Is not intended to and shall not at any time change or effect
the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
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.
I
s:
CURRENT WAGE DETERMINATIONS
March 14, 1996
Item #19
RESOLUTION
WHEREAS, the City Council has heretofore established the general prevailing rate of
j per diem wages for each craft or type of workmen or mechanics needed to execute public
i 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
1 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by
Resolution No. 2502 enacted January 8. 1987; 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: i
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
Exhibit C. Overtime Rate
Exhibit D: 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 14th
ATTEST:
i
Betty M. Anson, City Secretary
APPROVED AS TO CONTENT:
Mary AndrVws, Managing Director of
Human Resources
.APPROVED AS TO FORM:
i
a old Willard, Assistant City Attorney
H W :dalccdocs/pubworks. res
February 14. 1996
rch
, 1996.
*`4:1131
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Houriv Rate
Acoustical Ceiling Installer
10.00
Air Conditioner Installer
11.00
Air Conditioner Installer -Helper
5.50
Asbestos Worker
8.00
Asbestos Supervisor
11.00
Bricklayer
11.00
Bricklayer -Helper
6.00
Carpenter
11.00
Carpenter -Helper
6.00
Cement Finisher
7.50
Drywall Hanger
10.00
Electrician
13.00
Electrician -Helper
6.00
Equipment Operator -Heavy
8.50
Equipment Operator -Light
7.50
Floor Installer
8.50
Glazier
8.00
Insulator-PipingBoder
9.00
Insulator -Helper
5.50
Iron Worker
8.00
Laborer -General
5.50
Mortar Mixer
5.50
Painter
9.50
Plumber
10.50
Plumber -Helper
6.00
Roofer
8.00
Roofer -Helper
5.50
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder -Certified
10.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft Hourly Rate
Asphalt Heaterman
6.00
Asphalt Shoveler
5.50
Concrete Finisher
7.35
Concrete Finisher -Helper
5.75
Electrician
10.50
Flagger
5.50
Form Setter
6.50
Form Setter -Helper
5.50
Laborer -General
5.50
Laborer -Utility
6.25
Mechanic
7.25
Mechanic -Helper
5.50
Power Equipment Operators
Asphalt Paving Machine
7.00
Bulldozer
7•00
Concrete Paving Machine
7.00
Front End Loader
6.50
Heavy Equipment Operator
7.00
Light Equipment Operator
6.50
Motor Grader Operator
8.50
Roller
6.00
Scraper
6.50
Tractor
6.50
Truck Driver -Light
6•00
Truck Driver -Heavy
6.50
Prevailing Wage Rates
Overtime Rate
The rate for overtime ('in excess of forty hours per week) is 1 1/2 times base rate.
VC
Prevailing Wage Rates
Weekend, and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
SPECIFICATIONS
i
DRY PIPELINE BORING
7 SPECIFICATIONS
The City of Lubbock is requesting bids for a dry bore project as follows:
200 feet (approximately) Shallowater, Texas
120 feet (approximately) East 50th & Southeast Drive
r. According to design and construction standards prepared by the American
Society of Engineers and the Water Pollution Control Federation auger boring
(dry) is described, "In sizes less than 36" (90 cm) diameter, rigid steel pipe can
�.- be pushed for reasonable distances through the ground and the earth removed
by mechanical means under the control of an operator at the shaft or pit
location."
The above described process must be followed for the described dry bores. The
City of Lubbock will supply the rigid steel pipe for the bore. The City of Lubbock
will also backfill and compact the bore pits.
The contractor will be responsible for all OSHA, Federal and State rules and
regulations involved with the dry bores.
Shallowater, Texas
Bore will be at the railroad tracks South of the overhead water tower located in
Shallowater, Texas. Review Exhibit "A" - 1 submitted by Atchison, Topeka and
Santa Fe Railway Company. Specification depths and dimensions are listed in
the Exhibit. Bore will accommodate 16" casing and will be 200' in length. All
casing and carrier pipe will be furnished by the City of Lubbock.
East 50th & Southeast Drive
Bore will be approximately 360' North of East 50th Street and Southeast Drive,
Lubbock, Texas. Review specification Exhibit "A" - 2 submitted by Atchison,
Topeka and Santa Fe Railway Company. Bore will accommodate 16" casing
and will be 120' in length. All casing and carrier pipe will be furnished by the
City of Lubbock.
i
A.W. FILE NO. 11008599
EXHIBIT "A"-1
ATTACHED TO CONTRACT BETWEEN
THE ATCHISONo TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY OF LUBBOCK
TOPEKA. KANSAS
V- 5
SCALE: 1 IN. - IMFT.
MAP 4
SLATON SUBDIV.
PARCEL
GATE 0125/1996
TO TEX I CO PROPERTY LINE
`
♦ �\ N
�
c0
w
r
a
"'+ram--f�
lcm
Ell
1 oo'
I MP 78 +1439
PROPERTY LINE .
I �
•' `�
,�
TO SWEETWATER
gYZ40
Ine < ftwe
DESCRIPTION OF
PIPELINE
--•-
PIPELINE SHOWN BOLO
CARRIER CASING CARRIER CASING
PIPE PIPE PIPE PIPE
SIZE: �_ 16 "' LENGTH ON R/W: 2001 200,
: WORKING PRESSURE:
PIPE MATERIAL: WPVCATER
STEEL BURY: BASE/RAIL TO TOP OF CASING 14.5'
SPECIFICATION / GRADE: GR B.� BURY: NATURAL GROUND
WALL THICKNESS: 0.250 0.250 BURY: ROADWAY DITCHES
COATING: N/A N/A CATHODIC PROTECTION
VENTS: NUMBER N/A SIZE - HEIGHT OF VENT ABOVE GROUP -
NOTE: CASING TO BE JACKED OR DRY BORED ONLY
AT SHALLOWATER
COUNTY OF LUBBOCK STATE OF TX
CTF
A.W. DRAWING NO. 1- 05466
- Y.. I LL. Ily.
EXHIBIT "All
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY OF LUBBOCK
TOPEKA. KANSAS V- 6
SCALE: 1 IN. = =FT. MAP 31
S! ATOM SUBDIV. PARCEL
DATE 0411011996
I
TO TEXICO
- j PROPERTY LINE l
1
ff /
so' --
IL
o. b
Av ti y t
.;
US '
I PROPERTY LINE, .
+ TO SWEETWATER
�. DESCRIPTIOti OF PIPELIN7/.-
PIPELINE SHOWN BOLD
CARRIER
CASING
CARRIER
CASING
PIPE
PIPE
PIPE
PIPE
SIZE: ...� -
16
LENGTH
ON R/W:
100'
100,_
CONTENTS: WAT R
WORKING PRESSURE:
50 Psi
PIPE MATERIAL:
STEEL
BURY:
BASE/RA IL TO TOP
OF CASING
,
.�.,._
SPECIFICATION / GRADE: C-20
R Q
•
.
WALL THICKNESS: 0. 250
N/A
0. 250
NSA
BURY:
ROADWAY DITCHES
HES
COATING:
CATHODIC PROTECTION
VENTS: NUMBER N/A SIZE -
HEIGHT OF
VENT ABOVE
GROUND -
NOTE:
CASING TO
BE JACKED OR DRY BORED ONLY
AT LUBBOCK
COUNTY OF LUBBOCK STATE OF TX
CTF
A.M. DRAWING NO. 1- 05719