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HomeMy WebLinkAboutResolution - 4356 - Contract - Artex Electric - Berl Huffman Field Lighting - 01/13/1994Resolution No. 4356 January 13, 1994 Item #17 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Artex Electric of Lubbock to furnish and install all materials as bid for the Berl Huffman Field Lighting for the City of Lubbock, which contract Is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of January 1994. ATTEST:' - etty M Johnson, dity Secretary APPROVED AS TO CONTENT: Victor Kilman, Purchasing Manager APPROVED AS TO FORM: t)Vfiald G. Vandiver, Fi Assistant City Attomey DGV:dp\G:\ccdocs\Artex.Res January 5, 1994 435G CITY OF LUBBOCK SPECIFICATIONS FOR BERL HUFFMAN FIELD LIGHTING BID #12767 -t CIO- 6y CITY OF LUBBOCK Lubbock, Texas _1. r r City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 MAILED TO VENDOR.- CLOSE ENDOR CLOSE DATE: BID #12767 - BERL HUFFiMAN FIELD LIGHTING ADDENDUM # 1 Please modify or amend Contract Documents as follows: December 10, 1993 December 16,1993 AT 3 P.M. Office of Purchasing 1. Please replace the Bid Proposal Form from your bid book, with the attached corrected Bid Proposal Form. r 2. On the plan, Note #13 should read: Contractor shall reuse existing wire in existing conduit. If wire or conduit is damaged, contractor shall repair/replace conduit and or wire where necessary. 3. On the plan, Note #18 should read: Contractor shall remove all existing poles from the ground so that they are completely removed or cut off 12" below finished grade. Contractor shall carefully lay existing poles on the ground at their existing locations and shall adjust the existing fixtures so that the existing cat walks can support the weight of the poles. 4. In the Specifications, Section 03, 4.6 B, the following should be added: Seven year warranty be shall not required on the lamp bulb. S. In the specifications, Section 04, 1.2 B, the statement "Or an approved equal" shall 6 6 follow the existing specification. 6. In the specifications, Section 04, 3.2 A, should read: Contractor shall install poles and backfill around poles in accordance to manufacturers recommendations. 7. In the specifications, Section 03, 2.1 should read: The manufacturer shall guarantee that the maximum kilowatt consumption shall not exceed 192 KW to meet the maintained footcandle levels and spill control requirements as specified. 8. In the specifications, Section 03, 3.1 C the last sentence should read: Test stations shall be on a 20 feet by 20 feet grid and consist of 163 locations. r 0 r I r r BID PROPOSAL LUMP SUM PROPOSAL CONTRACT PLACE: DATE: PROJECT NUMBER: 12767 - BERL HUFFMAN LIGHTING Proposal of 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 (hereinafter called Bidder) having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID: ($ ) (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 (sixty) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. r 9. On the plan, Note #19 should be added to read: Contractor shall access the poles on the main entrance walkway from either Field #1 or Field #2 by removing one or two sections of fence. Contractor shall ensure that the crane uses the same path both m and out of the site. No vehicle other than the crane will be permitted on any field at any time. Contractor shall drive no heavy equipment over the concrete entrance sidewalk. 10. On the plan, Note #20 should be added to read: Contractor shall temporarily secure the complex when workers are off site by rolling chain link fencing over openings and securing to remaining poles. 11. On the plan, Note #21 should be added to read: Owner will remove and reinstall existing public address system. All requests for additional information or clarification concerning this bid should be submitted in writing and directed to Laura Ritchie, Buyer. PLEASE RETURN ONE COPY WITH YOUR BID i r THANK YOU, &'ta /&trI"L Laura Ritchie Buyer r r « City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 806-767-2167 t MAILED TO VENDOR.- CLOSE ENDOR:CLOSE DATE: a BID #12767 - BERL HUFFMAN FIELD LIGHTING ADDENDUM # 2 Office of Purchasing December 14,1993 December, 16,1993 at 3 P.M. Please modify or amend Contract Documents as follows: 1. On the plan, Note #22 should be added to read: The pole heights on the plan are not required heights. The minimun fixture is 60 feet on all poles. �••• All requests for additional information or classification concerning this bid should be submitted in writing and directed to Laura Ritchie, Buyer. r A PLEASE RETURN ONE COPY WITH YOUR BID i-' THANK YOU, Laura "Ritchie Buyer MY OF LUBBOCK REQUEST FOR BIDS FOR 4 TITLE: BERL HUFFMAN FIELD LIGHTING 0 ADDRESS: NORTH LOOP 289, LUBBOCK, TEXAS BID NUMBER: 12767 r PROJECT NUMBER: 1421-553107-9904 r - t. CONTRACT PREPARED BY: PURCHASING DEPARTMENT f 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID PROPOSAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITIONS NOTICE OF ACCEPTANCE NOTICE TO BIDDERS r a NOTICE TO BIDS BHI # 12767 Sealed bids addressed to Laura Ritchie, Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 3:00 o'clock n.m. 16th day of December. 1993, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: BERL HUFFMAN FIELD LIGHTING After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 13th day of January. 1994, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or suverior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159x, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a pre-bid conference on 8th day of December,1993, at 10:00 o'clock am. Purchasing Conference Room L04, Lubbock Municipal Building, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting. CITY OF LUBBOCK Laura Ritchie BUYER ADVERTISEMENT FOR BIDS BID 012767 Sealed bids addressed to Laura Ritchie, Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 3:00 o'clock n.m, on the 16th day of December, 1993, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: BERL HUFFMAN FIELD LIGHTING After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Buyer and publicly read aloud. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159x, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established lry the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a prebid conference on the 8th day of December, 1993, at 10:00 a.m., at the Purchasing Conference Room L04, 1625 13th Street, Lubbock, Texas. rThe City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting. CITY OF LUBBOCK Yaa'L,�' �- J� lLal Laura Ritchie BUYER GENERAL INSTRUCTIONS TO BIDDERS I GENERAL INSTRUCTIONS TO BIDDERS 1. 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 Berl Huffman Field Lighting. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents de;scn'bed in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 60 (sixty) days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. ' The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. S. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILES PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to. suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the. bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these - contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines _. and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and,..._ when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate; of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attentionis further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than — once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per ; diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). 21 Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance; with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. BID PROPOSAL r BID PROPOSAL LUMP SUM PROPOSAL CONTRACT PROJECT 1 Proposal of To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compli nc:e with your invitation for bids for the construction of a L A - A - (hereinafter called Bidder) having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. TOTAL E go (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 (sixty) 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 5100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth licreinabove for r completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. _ Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (S% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or CWtified Check for oa Dollars ($ ) or a Proposal Bond in the sum of.19 �--�. ��� � –� - � Dollars ($, which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accept — Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. -- Bidder understands and agrees that the contract to be 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. - Contractor — BY: (Seal if Bidder is a Corporation) ATTEST: Secretary LIST OF SUBCONTRACTORS This form shall be completed and submitted with the Bidder's Proposal. Minority Owned Yes No Ali2. 3. 4. — — S. — — 6. — — 7. — — 8. — — 9. — — 10. — — BOND NO. CC 6107 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we Artex Electric Company as PRINCIPAL, (hereinafter called the Principal), and Cumberland Casualty & Surety Company , a corporation duly organized under the laws of Texas and authorized to transact a general surety business in the State of TX. as SURETY, (hereinafter called the Surety), are held firmly bound unto: City of Lubbock as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 5 % of the accompanying bid of the Principal, not, however, in excess of TEN THOUSAND AND NO/100 --- dollars, (S 10,000.00 ), for the payment of which sum well and truly'to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION- IS SUCH, That, whereas.the Principal has submitted -or is about to submit to the Obligee a proposal or bid, dated on or about the date mentioned beJow,, for,:; (1) the-performance:bf the designated work, or (2) the furnishing of the specified goods, supplies or products -far relighting of.Berl Huffman Park ,- - NOW; THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed, and dated this t G4 -h day of nae+t-mhor 19 BY - Principal BY Laura Espinoza Attorney -in -f=act FOFN =Ga=l CUMBERLAND CASUALTY & SURETY COMPANY POINER OF ATTORNEY TAMPA'. FLORIDA. : PRINCIPAL ArteElectric- Company EFFECTIVE DATE '12-1,5-93 - 3508 Ave. J Lubbock, Tx. 79412 _. (STREET ADDRESS) (CITY). (STATE) :(ZIP cow CONTRACT AMOUNT $200,000 - _: - AMOUNT OF BOND $ .10, 000 POWER NO. � CC -6107 KNOW ALL MEN BY THESE PRESENTS: That the Cumberland Casualty & Surety Company, a corporation duly organized under the laws of the State of Texas, having its principal office in the city of Tampa, Florida, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 1st day of January, 1989, to wit: - - "Resolved, that the President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in- Fact, such person, firms, or corporations "as may be selected from time to time. d Be It Further Reserved, that the signature of the President and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Cumberland Casualty & Surety Company does hereby make, constitute and appoint T Aura FeeDi nn7m State of 'texas its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: _ The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. - - And to bind Cumberland Casualty & Surety Company thereby as fully and to the same extent as if such bond or undertaken was signed by _ the duly authorized officer of the Cumberland Casualty & Surety Company, and all the acts of said Attomey(s) pursuant to the authority herein given, and hereby ratified and confirmed. - _. _ . IN WITNESS WIEREOF, the Cumberland Casualty & Surety Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. f^ CUMBERLAND CASUALTY & SURETY COMPANY us -S a Francis M. Williams, President AS COUNTY OF HILLSBOROUGH ) SS COUNTY OF HH,ISBOROUGH ) On this 1st day of January, A.D. 1989, before me personally came Francis M. Williams, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Hillsborough, State of Florida; that he is the President, of the Cumberland Casualty & Surety Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by Me order. �,oTa Puauc M.L. Gray WNW ? My Commission Expires March 27, 1993 O�IGN G - STATE OF FLORIDA SS COUNTY OF HILLSBOROUGH ) I, the undersigned, Assistant Secretary of the Cumberland Casualty & Surety Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. - Signed and Sealed at the City of Tampa. 'S. a Dated the 16th day of December , 19 93 COa%r.0144 W SEAL 4 Evelyn_ D. Rogers, Assistant Secretary HOUSTON TEXAS i I OM PAYMENT BOND r D STATUTORY PAYhIENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56714 LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, that PrincipaI(s), and Galf Lnsuranoe CMA3 y Burl D. Bourns oma Artex Electric C7aq)any (hereinafter called the Principal(s), as (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in r the amount of Dollars ($if,49o.ao ) 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 13th day of Janua 19 Sd , to Bid #12767 Berl Huffman Field Lighting 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. tNOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimant t s 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 Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 24th day of ate, 19,_94-. 0-11-f Insi3YcZ:�fL CYS1'gk'11'1�� Surety BOND CHECK `E *ByzLa_4_.BEST RATING � (Title) Lama Espinoza LICENSED IN TEXAS Attorn y -in -Fact DATE Z771111 By 7 _ _1U .' �. _ .. . By: {Title) By: (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Everette Abernathie 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. Gulf Insurance ctn any Surety * gy. (Title) — Approved as to form: City of Lubbock _ By. ity Attorney — * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an,Attorney in Fact, we must have copy of power of attorney for our files. — r r EI F PERFORMANCE BOND a. t. STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 Burl D. Ba=ns dba Artex Electric Oac pw y 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 L the amount of Dollars ($168,490.00 ) lawful money of the United States for the L 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 theB'day of January 19_4 to Bid #12767 -Berl Huffman Field Lighting 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 Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this24thday of January X19 94 Gulf Insurance Ompany JL,� .� �-i.� .,► ,. Surety Principal * By: By: if) 4 aJ-7qA.A2 (Title) Lmxa Espimza BOND CHECK Attarney-i'i-Fact BEST RATING� 4- Critle ) LICENSED IN TEXAS By: DATE r y712'y By (Title) By: (Title) r The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Everette Abmmthi can 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. MU wance Co paiw Surety *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 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. _- COM MGULF SAS CI NCM SS URAI NY POWER OF ATTORNEY P- ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com - 7 pany, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, ( adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: RESOLVED, that the President, Executive Vice President or any Senior Vice r President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Pm Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." 7 Gulf Insurance Company does hereby make, constitute and appoint k Laura Espinoza 1 BOND NUMBER GE 5587786 e PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP Burl D. Bourns cba Artex Electric Cimpany 3508 Ave J Lubbwk, TX. 79412 / EFFECTIVE DATE January 24, 1994 CONTRACT AMOUNT $168,490.00 BOND AMOUNT $168,490.00 rrr i its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf insurance Company thereby as fully and to the same extent as if any bonds, ! undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million ($1,000,000.110) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. \a�VRANQF � �p�POggr� ��yy GULF INSURANCE COMPANY s �y Z " SEAL /SS&O J STATE OF NEW YORK ) Christopher E. Watson ) SS Executive Vice President COUNTY OF NEW YORK ) On this 10th day of August, 1993 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and r say; that he resides in the County of Westchester, State of New York; that he is the Executive Vice President of the Gulf Insurance Company, the corpora- tion described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such t corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. NpTAq/ o 7janeinie M. Brando No. 30-4979591 STATE OF NEW YORK ) OF NO Quaied in Nassau County SS My Commission Expires April 1, 1995 COUNTY OF NEW YORK ) I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. SUFtANCf C Signed and Sealed at the City of New York. k` �PPORgr� 0�9 Dated the 24th day of January , 19 94 yisso�P` j Lawrence P. Minter Senior Vice President i 7 CERTIFICATE OF INSURANCE "DEC 14 ' 93 15:33 �00000�70000 TO: '. CERTTFiMU_OF INSURANCE P02 TO: CITY OF,LUBBOCK DATE: 12-15-93 Lubbock Texas ARTEX ELECTRIC CO Type; ; of P ect: 3508 AVENUE J LUBBOCK, TX` 794 THIS IS TO CERTIFY THAT (Wdme and Address cflnsured) is, at th date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this Company, the further described, Exceptions to standard policy Hated hereon. TYPE OF INSURANCE Title' U Policy No. Effective Expires Limits of Liability _Y_w.Mr_rrM..r._....w_r_wwwM_rr...rHrr...rr Y J W"kmOn's TSF103969 10-01-93 10-01-94 500/500/500 Compensation �' wwN.�.r.r.rr._rY�......_re,:.r._..r.kr.__...r.r.__.r_._+..__.Y_._.�.- ��^ •, •� , r Owncr's Protcc- - Per Person S -. five or Contin- Per Occurrence gent Liability Property Damage $ • .�.____.w-_M.1_r_re,_rwtir.....A_-_w...ti..rrMN.N_rr__w__Y.MN_.N - _ �� - __FA_ Contractor's ' Per Person $ :. Protective or '�• Per Occurrence S Coritin6ent Property Damage S + - Liability �.�-•Per . Automobile CSL . CAP1803815 06-15-93 06-15-94 500, 000 Fcrsod S Per Occurrence S PropeC•rty Damage $ ' ;Cornprehcnsivc GEN AGG'"2 000;°000 Gencral Liability- CLP2136361 06-15-93 06-15-94EACH OCC.1, 000, 000 $ a 0 rMwrM.+_rrwr_r__w_ww.....y.._Mr.. r.r-wY..MM��--_ --- PROD.COMP/OP�l +000,000 ----- A, Umbrella Liability S • •' .' ;. ..�w_r_w..Yr►_w._r_rr_wr_w_wN_Yw..r.M-Mrr�N_I._N �.�,�Y�- ,T'hc forcgoirg Polici= (do) (do not) cover all sub -contractors. • *' 'Locations Covered ,�. DESCRIP'Y•ION of Operations Covered CONTRACTOR ELECTRICAL" WIRING AND CONDUIT WORK • • � ' The above policies either is the body thereof or by appropriate endorsement wvide that � ru not be c or P ry Y changed canceled by t ?Z.- R." insurer in less than the legal time required after the insured has received vMtten notice there is legal of such change or caaceliation, or in case • nc requirement, in less than five days in advance of eaacclJW0EL r: t FIVE COPIES OF THIS CER7MCATE BOLEY FEATHERSTON MUST BE SENT -To THE OWNER (Name, of Insurer) Title' U CONTRACT Yl STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT THIS AGREEMENT, made and entered into this 13th day of JAIVTJARY. 1994, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and ARTEX ELECTRIC CO. of the City of LUBBOCK, County of LUBBOCK, and the State of TEXAS, hereinafter termed CONTRACTOR r 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 #12767 - BERL HUFFMAN FIELD LIGHTING G TING FOR $168,490.00. i r and all extra work in connection therewith, underthe terms as stated in the contract documents and. at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: Corporate Secretary CONTRACTOR ARTEX ELECTRIC CO. By:—zel 1.6�i COMPLETE ADDRESS: 3508 Avenue J Labbock, TX 79412 GENERAL CONDITIONS OF TETE AGREEMENT r GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: ARTEX ELECTRIC CO. who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to RUSSELL HOWARD, LANDSCAPE ARCHITECT City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 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. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9.. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to, him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will oonform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. r 14. OWNER'S REPRESENTATTVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative �,.shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further ` agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. f 15. SUPERINTENDENCE AND INSPECTTON It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement greement 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 theOwner's decision. Representative for his 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of -- equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of _ the terms or obligations herein contained. 18. CHARACTER OF WORKMEN _ The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be — discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be _ constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include; all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. r In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by'them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General — Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal; the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 4' 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance r company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation 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 shell be guarded in accordance with the"Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible j 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 r- character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. r B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows: _ For bodily injuries, including accidental death and or property damage, 500 000 Combined Single Limit. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned -' Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of potential loss) naming the _ City of Lubbock as insured. E. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of $500.000 with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. The City is to be named as an additional insured on this policy for thiss pecific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500.000 — G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. I 1 ., (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 thejob specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and priviliges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS 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 famish 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 r demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the �., unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or 6 process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the. product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner, provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the . ; Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. .� 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the -- same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. THAI- 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 5100.00 (One Hundred) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TMM AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. r �» 36. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions: prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered (� in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for [ an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then submit such written request to the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 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 a' 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 7 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 r estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, r' they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit rice method p ,payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing 7 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 r., Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly g t. 1 performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by _ reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this.— agreement. his..—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. FINALCOMPLETION AND ACCEPTANCE Within thirty-one (3 1) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (3 1) 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 t notice by the Owner or the Owner's Representative, Owner may remove and replace it: at Contractor's expense. a 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 rase the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY r QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The -- award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. 50. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. — After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on job, but the same, together with any materials and equipment under the contract for _ work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. -- In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said — Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor,` and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under — this contract, if the same had been completed by`the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to _ the Owner, or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under _ substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to -- complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and r delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment„ tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 51. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all material's on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement.. 52. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if .. required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be; in effect until such bonds are so furnished. 53. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents anti said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 54. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the: nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual 7 r obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 55. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The -- fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and 'to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent ` contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 56. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave _. the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. CURRENT WAGE DETERMINATIONS Flo 4 r r c� Resolution #2502 January 8, 1987 Agenda Item #18 OGV:da RESOLUTION WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to 'execute public works contracts for the City of Lubbock :in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February .• 23, 1984; and ' WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction*Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit 0: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates; shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January 1987. G�� ) B.C. MCMINIV, MAYOR v Ranett6aoyd, City Secretary APPROVED TONT ENT. APPROVED AS TO FORM: t: Bi 1 Pyne, D rector of Building Do ld G. Vandiver, First Services Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer $11.60 Air Conditioner Installer 8.35 Air Conditioner Installer -Helper 5.50 Bricklayer 10.50 Bricklayer -Helper 5.00 Carpenter 11.00 Carpenter -Helper 5.50 Cement Finisher 7.35 Drywall Hanger 8.70 Electrician 10.50 Electrician -Helper 5.25 Equipment Operator - Heavy 8.00 Light 5.70 Floor Installer 8.00 Glazier 7.50 Insulator, Piping/Boiler 9.50 Insulator -Helper 5.00 Iron Worker 7.30 Laborer, General 4.75 Mortar Mixer 5.60 Painter - 8.75 Plumber 9.25 Plumber -Helper 6.00 Roofer 7.65 Roofer -Helper 4.75 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder - Certified 8.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator. Roller Scraper Tractor Truck Driver - Light Heavy Hourly Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 Lineman Apprentice Series 8.90 Groundman Series 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is.l 1/2 times base rate. SPECIFICATIONS POO Y SECTION 1 SUMMARY OF WORK Berl Huffman Athletic Complex Softball Field Lighting (North Loop 289) 1. General 1.1 Scope of Project A. The purpose of these plans and specifications is to define the performance and design standards for the installation of Softball Field lighting at Berl Huffman Athletic Complex, Lubbock , TX.. (North Loop 289). Contractor shall supply all supervision, perform all work, and furnish all labor, equipment, and incidentals necessary for the erection and construction of the lighting, poles, and electrical system as specified and/or implied by these plans and specifications. 1.2 Work Included A. Section __02 - Product Substitution B. Section 03 - Lighting + C. Section 04 - Steel Poles D. Section 05 - Electrical a 1.3 Additional Information A. All information under General Instructions To Bidder, General Conditions of Agreement, and Special Conditions apply to this section. B. These plans and specifications were prepared by the Parks and Recreation Department (which shall be called Owner). Contractor shall set all construction stakes for locations of elements at project site. Owner shall have 48 hours to approve or adjust staking before construction is begun. Construction shall not begin until staking is approved by Owner. 2. Quality Assurance 2.1 Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done. The Contractor shall rebuild, restore, and make good at his own expense, all injury and damage to same which may result from work being carried out under this contract. 2.2 The Contractor shall take all necessary precautions to assure the safety of the park visitors during the construction and clean-up operations. The Contractor shall maintain and keep in good repair the work intended under these Plans and Specifications and shall perform all necessary repair, construction, and renewal to the date of acceptance by Owner. 2.3 Any utilities and irrigation lines shown on plans are for information only and are not guaranteed by the Owner to be accurate as to location and depth. The Contractor's attention is directed to the fact that other underground utility lines may exist that Owner isnot aware of. It is the Contractor's obligation to locate and familiarize himself with all utilities and, to provide for their safety. Damage to utilities will be repaired at Contractor's Expense. End - of - Section SECTION 02 PRODUCT SUBSTITUTION Berl Huffman Athletic Complex Softball Field Lighting (North Loop 289) Substitutions 1. Conditions for substitutions ("OR EQUAL") A. In the event that the clause "OR EQUAL." is used in the specifications pertaining to materials, the Bidder desiring to make substitutions for specified equipment shall submit the following: 1. Product identification, including manufacturer's name, address, and product literature. 2. Product description. 3. Product performance and test date. 4. Reference standards. B. Request for substitution should be included with overall bid and will be considered before contract is awarded. C. After contract is awarded, no substitutions will be considered. It will be Bidder/Contractor's j responsibility to insure the availability of specified product or substitution before bid date. D. Bidder shall provide the same guarantee for substitution as for product or method specified. r' E. Bidder shall coordinate installation of accepted substitution into work, making such changes as may be required for work to be complete in all aspects. t F. Bidder shall waive all claims for additional costs related to substitution which consequently becomes _ apparent. G. Bidder shall be prepared to send owner a price breakdown of any and/or all items he has bid on. Price breakdowns will only be requested after the bid opening has taken place. r 2 Substitutions will not be considered if:, A. They are indicated or implied on shop drawings or _ project data submittals without being formally described as to their differences from what was originally specified. B. Acceptance will require substantial revision of the original design intent. _ End - of - Section SECTION 03 LIGHTING i - Berl Huffman Athletic Complex Softball Park Lighting (North Loop 289) 1. Lighting Performance 1.1 Footcandle Level A. The performance criteria for these playing fields require lighting equipment which will provide average light levels of 30 footcandles infield and 20 footcandles outfield maintained with normal lamp replacement and reflector cleaning. A maintenance factor of .8 is to be used in determining the initial light value after adjustment for a tilt factor. The light levels are stated in the numeric values to be obtained during the initial hours of the operation of the lighting system. Bidders shall supply computer generated point by point lights scans based on 155,000 lumens per lamp showing both initial and maintained footcandle levels. B. The footcandle level shall have a uniformity ratio of maximum to minimum of not greater than 2:1 infield and 3:1 outfield. 1.2 Spill/Glare Light Control - Designated Areas A. At 200' Distance: Light levels shall not exceed the designated maximum footcandles or average footcandles shown below. These levels shall be shown as initial footcandles and shall be measured at a distance of 200 feet from the boundary of the ball field in any direction. 200' From 0Horizontal ° Footcandles Field Boundary 0Footcandles ° with meter aimed ° toward brightest ° light bank Max oo can es° ° ° 1.7 Average Foot- 0° candles 0.12 0.9 ° ° B. At 500' Distance: Light levels shall not exceed the designated maximum footcandles or average footcandles shown below. These levels shall be shown as initial footcandles and shall be measured at a distance of 500 feet from the boundary of the ball field in any direction. 500' From aHorizontal Footcandles with Field Boundary aFootcandles meter aimed to- ° ward brightest ° light bank ° ° Max oo can es.0 — ° ° Average Foot- ° candles 0.01 0.2 ° ° '^ 2. Energy Consumption Performance 2.1 The manufacturer shall guarantee that the maximum kilowatt consumption shall not exceed 32 kw to meet the maintained footcandle levels and spill control requirements as specified. 3. Inspection and Verification 3.1 Field Test and Measure Procedures A. All testing will be done with each field illuminated individually. B. Infield Area Test Stations - Test stations for infield measurements of horizontal illumination levels shall cover an area of 80"feet by 80 feet and consist of'25 locations on an equally spaced 20 feet by 20 feet grid -� (commencing 10 feet outside each baseline). C. Outfield Area Test Stations - Test stations for _ outfield measurements of horizontal_ illumination levels shall cover the entire outfield area to the fence. Test stations shall be on a 20 feet by 20 feet grid and consist of 33.1ocations. -' D. Horizontal Footcandle Readings - The test cell shall be positioned 36 inches above the playing surface for all -- field footcandle readings. r { 3.2 Off -Site testing and Measurement Procedures A. Ambient Light Levels - Ambient light (light outside the playing area generated by sources other than ballfield lighting such as moon light or street lighting) levels shall be measured at the designated test stations as specified in 1.2.A. Technician is to record the maximum ambient footcandle levels in all planes and horizontal footcandle levels for each test station with playing field lights off. Then with playing field lights on, repeat the measuring procedure for spill light and subtract the difference for each test station. B. Horizontal Footcandle Readings - The test cell shall be positioned horizontally 36 inches above grade for all horizontal spill light footcandle readings. C. Any Plane Footcandle Readings - The test cell shall be f- positioned in any plane for measurement of maximum j footcandles as specified in section 1.2.A. 4 3.3 Testing equipment for measurement of footcandle levels shall be United Technology's Digital Model #61, a Gossen Panalux Electronic 2 or an approved equal, and must show proof of calibration prior to testing as required by manufacturer. 3.4 Final Approval A. For final approval of the project, the manufacturer shall provide a final report from the test results that shall provide the following items. 1. Identification of number and location of the test .stations. 4. Luminaire Assembly 4.1 General Description A. The luminaire assembly shall consist of lamp, lamp socket, reflector, lens, lamp cone, reinforcing retaining ring, adjustable aiming mounting device, steel crossarms, integral wiring enclosed in rigid raceway, pole clamps and shall be Light Structure System "Trade Mark" as manufactured by Musco Sports - Lighting, Inc. or an approved equal. 7 4.2 Items to'be submitted for consideration of an 'alternate Luminaire Assembly. A. Failure to provide any of the following information with the alternate submittal will be grounds for rejection of the alternate. Each item shall also be clearly lettered to correspond with the following list. All items shall be assembled in the order indicated and secured or bound in a neat and orderly fashion for easy use and reference. Bidders requesting to use equipment other than that specified shall submit ten (10) days prior to bid opening the following: 1. Layout Drawing - Overall lighting layout design showing luminaire mounting heights and pole locations. 2. Aiming Drawing - Light aiming point plan showing focus points and reflector types. 3. Luminaire Assembly Drawing - A drawing of the luminaire assembly and.its interface to show the required poles. The drawing shall show size, strength, type of material, coating of all components and hardware, and shall meet the following specifications: a. Structural Strength The luminaire assembly as shown in the manufacturer's submittal shall be capable of withstanding forces equal to 90 mph wind levels with a 1.3 gust factor as per ANSI-B standards, without structural damage or misalignment of the luminaries on the assembly. b. Coatings All component surfaces of the completed assembly, except for the reflector, hardware and fasteners, shall be coated with hot dipped galvanized-ASTM A-123. Reflector - The reflector shall be of spun aluminum with alzak finish. C. Reflector and Lamp Supports The reflector shall be fastened to the lamp cone with a reinforcing retaining ring containing an acrylic compressed fiber ring which centers and stabilizes the lamp in the reflector and provides a heat shield to protect the lamp socket from heat. r� d. Lens A removable lens with silicone gasket r- shall be attached to the reflector and r shall be impact and thermal resistant glass. The lens rim shall be stainless steel or equal and shall be attached to the reflector with hinged cable or chain. e. Aiming The manufacturer shall provide a mechanical positioning device for each luminaire on the assembly which device shall be set at the factory by the manufacturer based upon computer calculated aiming information such that each assembly is delivered to the job site as a composite light source. The device shall provide for repositioning of the aiming after relamping. The manufacturer shall also supply drawings showing the aiming point locations of each liminaire. 4. Computer Models - Field Light Values a. Manufacturer shall submit an original (copies are unacceptable) computer derived lighting scan showing point by point horizontal footcandle levels on the playing surface, maximum to minimum ratio, number of luminaries, initial lamp lumens and average tilt factor per Section 1.1.A. b. Manufacturer is to submit with this computer derived lighting scan information on the number and type of fixtures being used and kilowatt consumption for the lighting system. 5. Computer Models - Extended Scans a. Manufacturer shall submit a computer derived lighting scan with spill control showing the following: a) Point by point horizontal footcandles. b) Point by point maximum footcandles as explored in any plane. Manufacturer is to submit these scans on a 1380 foot by 1380 foot area using an equally spaced 30 foot x 30 foot grid with the facility located in the center of the 1380 foot x 1380 foot area. These scans shall reflect the spill light readings as defined in Section 1.2.A. 6. Equipment Model Numbers - Written statement of model number and manufacturer for all equipment bid. Submit a packet of descriptive literature on all equipment bid, as well as drawings and specifications of the luminaire assembly. 7. Luminaire Assembly Warranty - Written warranty from the manufacturer covering luminaire assembly and equipment replacement policy. 8. Aiming Alignment Warranty - Written warranty form the manufacturing company headquarters covering the aiming alignment of the luminaire assembly. 9. Wind Load Engineer's Certification - Certified engineer, independent of manufacturer, shall verify and stamp wind load test of luminaire assembly to meet or exceed structural strength as described in section 4.2.A.3.a.. 10. U.L. Test Report - Bidder shall supply for the owner's review, a copy of the Underwriters Laboratory report covering the luminaire assembly being bid. 11. Verification of Demonstrated Field Technology - The manufacturer must submit in writing documented proof showing a minimum of five (5) such similar lighting projects where the specifications outlined above for spill control, field illumination values, and energy consumption have been met. 12. Manufacturer's Guarantee - The manufacturer shall submit in writing a letter guaranteeing compliance as to the above specifications. Written explanation shall be provided prior to bidding as to specified criteria for which non- compliance is anticipated and an explanation as to why the criteria should be waived. 4.3 Lamps A. Lamps shall be 1500 watt metal halide and shall met ANSI designation M48PC 1500 BU and be Westinghouse #MH1500BU, or an approved equal. 1 4.4 Ballast A. There shall be an individual ballast for each luminaire. The ballast shall be'a lead peak auto - regulating ballast. The remote ballast system described above shall be located approximately 10' above grade on the same pole as the luminaire assembly in a NEMA Type 3R enclosure where the ballast and capacitors shall operate in ambient air not to exceed 70 degrees C as established by U.L. Test Standards. The assembly design shall be adaptable to various standard ballast and must retain U.L. listing. 4.5 Wiring and Over current Protection A. All wiring on the luminaire assembly shall meet National Electrical Code and shall pass from each luminaire on the assembly through protective enclosures to join in a common enclosure. Each �-► luminaire shall have individual supplemental fuse 4 protection located in ballast boxes or in adjacent ` metal enclosures. Fusing must be U.L. listed. In - Line fusing will NOT be accepted. 4.6 Special Conditions i~ A. Codes - Luminaire assembly shall be U.L. listed and meet National Electrical Code and NEMA Publication FA - 1. Pole clamps are not U.L. listed. B. Manufacturer's Warranty - Luminaire assembly shall be warranted in writing by the manufacturer for a period of seven (7) years and shall be submitted with the bid. Any parts that shall be found defective shall be replaced free of any material or labor charges to the customer. C. Aiming Alignment Warranty - The alignment of the luminaries shall be warranted by the manufacturer against movement on the luminaire assembly for a period of five years from the date of installation. Labor charges for re -aiming during the warranty period shall be the responsibility of the manufacturer. D. Replacement Parts - The contractor shall furnish to the owner one extra lamp and six extra fuses for future use. END OF SECTION r 7 SECTION 04 STEEL POLES Berl Huffman Athletic Complex'Softball Park Lighting (North Loop 289) 1. Structural Design 1.1 Wind Criteria A. The poles and method of installation of base shall be designed to withstand the overturning moment created by wind loads on poles and luminaires assembly (EPA) at each location. The entire structure, including pole and luminaire assembly, shall withstand forces equal to 90 m.p.h. wind level without damage or misalignment of the luminaire assembly as defined by ANSI -B Standard. Pole strength shall be calculated based upon AASHTO Pole Structure Criteria. Foundation design shall be based upon BROMS Standards using a gust factor of 1.3. Poles shall be set according to approved drawing and shall be plumb within three feet of location. 1.2 Pole Specifications A. Poles shall be all steel with a concrete base and shall be designed to withstand forces specified in the Structural Design section above. Poles shall be equipped with reinforced handhole containing equipment grounding lug and cover plate approximately 12 inches above base. 1-1/2" couplings with accompanying reinforced handholes and cover plates shall be provided to service the luminaires and disconnects. Fixture manufacturer to determine quantity and location of these items. Overall pole length will be determined by required light levels as listed in section 03 LIGHTING. Galvanized elements (pole, crossarms,braces, boxes, hubs, or any extension attached to the pole) shall be hot -dipped meeting ASTM -123 standards. B. Concrete Base Pole shall be formed with concrete that obtains 9500 PSI strength and contains pre -stressed steel cable that is stressed to 28,910 'lbs. (which shall be 70% of the ultimate yield strength of the cable). u 2. Soil Conditions 2.1 The design criteria for these specifications are based on soil conditions with 200 PSF or greater compression load. It shall be the contractor's responsibility to notify the owner of soil conditions other than the design criteria. The owner shall then be responsible and absorb the cost to provide: A. Adequate pole bases for soil conditions less than 200 f PSF. B. Excavation and removal of materials other than normal soils, such as rock, caliche, etc. 3. Installation 3.1. Lighting Protection A. The contractor shall provide and install one 5/8" by 8' long copperweld ground rod at each pole base approximately three feet from the pier in undisturbed earth at a minimum of 12 inches below grade. A #6 bare copper ground wire shall be extended from this ground rod through the PVC raceway to approximately two feet above the foundation. 3.2 Backfill A. The contractor shall use concrete to backfiff around the embedded pole base to assure the foundation design criteria. END OF SECTION SECTION 05 ELECTRICAL Berl Huffman Athletic Complex Softball Park Lighting (North Loop 289) 1. SYSTEM DESIGN The electrical wiring system shall consist of a main entrance service panel board with underground feeder or branch circuits to factory installed safety disconnect breaker located in electrical component enclosure mounted on each luminaire pole (NEC 230-84). The systems shall be designed to result in no greater than 3% voltage drop at any luminaire. The system shall have overcurrent protection for each service, feeder, branch circuits and ballast. Each pole shall have a grounding electrode connected to the system circuit grounded conductor (NEC 250-24). A neutral conductor connecting to the service system ground shall be run -from circuit breaker panel to all electrical component enclosures and luminaire assembly equipment. For ungrounded systems, a grounding electrode shall be established at the entrance and connect to equipment grounding conductor which connects to the circuit breaker panel, all electrical component enclosure and luminaire assembly equipment. The power supply to the main service entrance panel board shall be provided by the utility company and the owner as shown on the accompanying drawings. 2. SERVICE ENTRANCE Main entrance circuit breaker panel board shall be located as shown on the drawing and shall be a circuit breaker panel board with NEMA 3R enclosure. Circuit breakers shall be the bolt -on type. Panel board shall have a minimum of two feeder or branch circuits. Equipment shall be Square "D" type I -Line, NEHB or NQO or approved equal. Service underground conductors (laterals) shall be installed in rigid galvanized steel conduit or IMC from service entrance equipment and extend to the bottom of the trench with 90 degree elbows at its outer end. If raceway is not continuous, open butt end shall be protected with insulating type bushing. 3. UNDERGROUND FEEDER AND BRANCH CIRCUITS 3.1 FEEDER AND BRANCH CIRCUITS Underground wiring for feeder circuits shall run from the circuit breaker panel board to the safety disconnect breaker mounted in the electrical equipment enclosure on each luminaire pole. F3.2 RIGID CONDUIT Rigid galvanized steel conduit or IMC shall be installed at the service entrance to provide raceway for feeder or branch circuits. The rigid galvanized steel conduit shall connect to the circuit breaker panel board and extend to the bottom of the trench with a 90 degree elbow connection at its outer end. All ends of a raceway that are not continuous shall have open butt ends protected with insulating type bushing installed using non-metallic conduit. There should be existing 2" conduit which is to be inspected and approved before using. 3.3 DIRECT BURIAL CABLE Direct burial cable shall not be acceptable. 3.4 DIRECT BURIAL CONDUIT Underground conduit shall be non-metallic Carlon PV-Duit PVC plastic conduit, type 40 Heavywall 90 C rated, or approved equal. Underground PVC conduit shall be connected to the 90 degree rigid galvanized steel elbows located at the bottom of the trench where the feeder originates and runs to and connects to the 90 degree rigid galvanized steel elbows at each pole. Underground conduit wiring conductors in PVC conduit shall be copper building wire type THWN. 4. BRANCH CIRCUIT SAFETY DISCONNECT BREAKER Each luminaire pole shall have an individual safety disconnect breaker which shall be rated for service entrance duty. Each disconnect breaker shall be factory installed in a NEMA 3R electrical component enclosure. The required safety breakers shall be installed approximately eight (8) feet above final grade. 5. ELECTRICAL EQUIPMENT ENCLOSURE ON POLES Nema 3R electrical equipment enclosure on each pole containing disconnect breaker, panel and distribution terminal blocks shall be provided by manufacturer. (See section II for specifications on equipment enclosure) 6. BRANCH CIRCUITS ON POLES Branch circuits at each pole extending from the safety disconnect breaker to fixture distribution terminal blocks in each electrical equipment enclosure shall be factory installed by manufacturer and wired for single phase. Contractor shall be responsible for changing the phasing as required. 7. OVERCURRENT PROTECTION 7.1 SERVICE ENTRANCE Service entrance feeder or branch circuits shall have properly sized overcurrent protection. The circuit breaker must be compatible with the specified panels and shall be thermal magnetic bolt -on type with a common trip handle for multi -pole breakers. Exterior tie handles shall not be acceptable. The AIC rating of overcurrent devices shall equal or exceed the available fault circuit at the main lug terminal. The circuit breakers shall be Square "D" FA, QO or EH bolt -on circuit breaker or approved equal. 7.2 BRANCH CIRCUIT DISCONNECT BREAKER Factory installed branch circuit disconnect breakers shall be Square "D" FA or QO circuit breaker or a approved equal. 7.3 BALLAST SUPPLEMENTAL FUSES' All luminaire fixture ballasts shall be individually protected against overcurrent by factory installed supplemental fuses. 480/277 volt ballast protection shall Fusetron Bussman Fuse #MDA or approved equal. 8. GROUNDING Main entrance service and all luminaire assemblies and poles shall meet the following requirements for grounding: 8.1 GROUNDING AT SERVICE ENTRANCE The service entrance circuit breaker panel board shall have a #6 bare copper grounding electrode conductor connected from the neutral bar to two parallel 5/8 inch by 8 foot copperweld ground rods buried a minimum of 12 inches below final grade with a minimum six (6) foot separation between rods. If ground rods cannot be instaled vertically, they may be installed at no less than a 45 degree angle from vertical or buried horizontally in a trench 2-1/2 feet deep. 8.2 GROUNDING AT EACH LUMINAIRE POLE Each luminaire pole shall have green equipment ground wire connecting all equipment grounds in the electrical equipment enclosures and wire harness up pole'and connect to luminaire equipment. 9. TRENCHING Trenching depth and width shall be adequate to install conduit with minimum cover of 24 inches. Trenches shall be backfilled with excavated soil and compacted to approximately the same density of surrounding soil to eliminate settlement. Backfill maybe accomplished by tamping or water jetting and flooding until full settlement has been reached. Special attention shall be taken at all locations where 90 degree rigid galvanized steel conduit extends into trench. Backfill beneath elbow shall be tamped to approximately the same density of surrounding soil to eliminate shearing action on conductors. End - of - Section SPECIAL CONDITIONS r- NOTICE OF ACCEPTANCE a. TO: The City of Lubbock, having considered the proposals submitted and opened on the day of 199_, for work to be done and materials to be furnished in and for. as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the day of 199 at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative r 70' Pole C2 5 Fixtures Cl 70' Pole .c Fiv+urw4 C1to 70' Pole I Shade Structur 5 Fixtures 0 New Light Pole ;®C2 5 Fixtures 70' Pole sting Light Pole Be Removed By itractor (cession Stand Pull Box e Notes 1. LIGHTING INSTALLATION TO MEET ALL SPECIFICATIONS AND MANUFACTURES RECOMMENDATIONS 2. ALL LIGHT FIXTURES TO BE AIMED PER MANUFACTURES DESIGN RECOMMENDATIONS. 3. CONTRACTOR IS TO NOTIFY OWNER 48 HOURS PRIOR TO INSTALLATION OF POLES BASES OR POWER LINES. 4. OWNER TO VERIFY PROPOSED LOCATION OF ALL NEW ELECTRIC. LINES PRIOR TO INSTALLATION. 5. CONTRACTOR IS RESPONSIBLE FOR ANY DAMAGES INCURRED DURING CONSTRUCTION. 6. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL NECESSAi PERMITS AND FOR PAYMENT OF ALL PERMIT FEES. 7. CONTRACTOR IS RESPONSIBLE FOR CORRECT PLACEMENT OF ALL LIGHT POLES. 8. ALL DIMENSION: AND EQUIPMENT TO BE VERIFIED BY CONTRACTOR. 9. ALL WIRE TO 91 COPPER (THWN CU.) 10. WIRE PULLED IN PVC TO MEET N.E.C. DIRECT BURIAL CABLE SHALL NOT BE ACCEPTABLE. 11. ALL CIRCUITS TO BE EQUIPMENT AND SYSTEM GROUNDED. 12. ALL ELECTRICAL APPLICATIONS TO BE IN ACCORDANCE WITH CURRENT nEc AND ALL APPLICABLE CITY OF LUBBOCK, TEXAS CODES. 13. CONTRACTOR SHALL INSTALL NEW WIRING IN EXISTING CONDUIT AND SHALL MAKE ANY NECESSARY REPAIRS TO EXISTING CONDUIT. 14. EXISTING LIGHTING CONTROL BOX TO BE REUSED BY CONTRACTOR. EXISTING MOP PANEL TO BE REUSED BY CONTRACTOR. 15. ADDITIONAL TRENCHING, IF NECESSARY, SHALL OCCA OUTSIDE OF FENCED AREAS ONLY. 16. CONTRACTOR SHALL REUSE EXISTING LIGHTING CONTACTORS AND REMOTE CONTROL KEY OPERATED SWITCH TO CONTROL THE BALLFIELD LIGHTING INSIDE THE CONCESSION STAND. 17. BREAKERS TO BE SIZED ACCORDING TO CODE. 18. CONTRACTORS SHALL REMOVE ALL EXISTING POLES FROM THE GROUND AND CAREFULLY STOCKPILE THE EXISTING POLES AND FIXTURES ON SITE AT A LOCATION APPROVED BY OWNER. LIGHT TOURNAMENT QUANTITY Maintained (.8 Factor) Initial Infield 30 7.5 Outfield 20 415 QUALITY Infield 2:1 Outfield :I:1 Smoothness Value 1%or less variation/foot LUMINARIES 1500 Watt SC--2 S1 C1 A, FUSED SAFETY DISCONNET 50A2P Sited r t, n tl. o w. n n e� -601 Site Location Map No Scale p TITLE Berl Huffman Athletic Complex LUBBOCK PARKS & RECREATION SHEET CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TEXAS 7S457 of LUBeocK ri ,.,;, (8061 767-2665 DRAWN 13Y: BWF OATE:October 28,1993 Lighting Plan