HomeMy WebLinkAboutResolution - 3862 - Contract-Tusha Buildings-LP&L South Substation Equipment Building, 10602 Indiana - 04/09/1992Resolution No. 3862
April 9, 1992
Item #37
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by
and between the City of Lubbock and Tusha Buildings to furnish and install a
pre-engineered metal building for an LP&L South Substation located at 10602
Indiana Avenue, attached herewith, which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 9th day of April , 1992.
ATTEST:
Ria ete oy,
ry
APPROVED S TO CONTENT: \
ene a urc asinManager
APPROVED AS TO FORM:
YVll4.M M. I"@.V aV\.,
City Attorney
DGV:js/TUSUBLD.RES/D1-Agenda
rst Ass
CITY OF LUBBOCK
SPECIFICATIONS
FOR
LP&L SOUTH SUBSTATION
EQUIPMENT BUILDING
BID # 11862
CITY OF LUBBOCK
Lubbock, Texas
is am
ON
City of Lubbock
P.O. Box 2000
Lubbock, Texes 79457
606-767-2167
BID #11862
ADDENDUM #1
Office of
Purchasing
MAILED TO VENDOR: March 13, 1992
OLD CLOSE DATE: March 19, 1992 at 2:00 P.M.
NEW CLOSE DATE: March 26, 1992 at 2:00 P.M.
Please modify or amend Contract Documents as follows:
1) Due to the additional time required for concrete engineering
please change the closing date from Thursday, March 19, 1992 at
2:00 P.M. to the new closing date of Thursday, March 26, 1992 at
2:00 P.M.
Thank you,
Ron Shuffield
Buyer
PLEASE RETURN ONE COPY WITH YOUR BID.
BID #11862
Office of
Purchasing
MAILED TO VENDOR: March 19, 1992
CLOSE: March 26, 1992 @ 2:00 P.M.
}
ADDENDUM #2
Please modify or amend Contract Documents as follows:
1. In the specifications, Paragraph 2.01, Metal Building System, note that
i' the panel and roof gauges quoted are minimum thickness. If heavier
t gauge materials are required to achieve the required wind loads or to
obtain compliance with UL -90, then those heavier materials shall -be
�.. used.
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2. In the specifications, Paragraph 2.01, Metal Building System, add the
following sentence to the third paragraph:
Wall panels shall be of an interlocking, concealed fastener
design.
3. In the specifications, Paragraph 2.01, Metal Building System, note that
panel finishes other than epoxy coatings are acceptable provided these
.. finishes carry a 20 year warranty.
=4. Replace Sheet 3 of the drawings, with the attached Sheet 3, Rev.l. Note
that a typical footing for the building structural columns has been
shown. The number and locations of these footings will be dictated by
the building manufacturer's design.
5. On the drawings, Sheet 1, note that dimensions of the building are
based on interior space requirements. Exterior dimensions shall be as
required by the building manufacturer's wall panel design. Interior
dimensions are shown from finished interior wall panel to finished
interior wall panel. Structural columns may protrude into the interior
space beyond this finished wall line.
TH K YOU
Ron ShuffieOd.
CITY OF LUBBOCK
PLEASE RETURN ONE COPY WITH YOUR BID
City of Lubbock
P.O. Box 2000
.. Lubbock, Texas 79457
r
1:
606-767-2167
BID #11862
Office of
Purchasing
MAILED TO VENDOR: March 19, 1992
CLOSE: March 26, 1992 @ 2:00 P.M.
}
ADDENDUM #2
Please modify or amend Contract Documents as follows:
1. In the specifications, Paragraph 2.01, Metal Building System, note that
i' the panel and roof gauges quoted are minimum thickness. If heavier
t gauge materials are required to achieve the required wind loads or to
obtain compliance with UL -90, then those heavier materials shall -be
�.. used.
i
2. In the specifications, Paragraph 2.01, Metal Building System, add the
following sentence to the third paragraph:
Wall panels shall be of an interlocking, concealed fastener
design.
3. In the specifications, Paragraph 2.01, Metal Building System, note that
panel finishes other than epoxy coatings are acceptable provided these
.. finishes carry a 20 year warranty.
=4. Replace Sheet 3 of the drawings, with the attached Sheet 3, Rev.l. Note
that a typical footing for the building structural columns has been
shown. The number and locations of these footings will be dictated by
the building manufacturer's design.
5. On the drawings, Sheet 1, note that dimensions of the building are
based on interior space requirements. Exterior dimensions shall be as
required by the building manufacturer's wall panel design. Interior
dimensions are shown from finished interior wall panel to finished
interior wall panel. Structural columns may protrude into the interior
space beyond this finished wall line.
TH K YOU
Ron ShuffieOd.
CITY OF LUBBOCK
PLEASE RETURN ONE COPY WITH YOUR BID
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: LP&L SOUTH SUBSTATION EQUIPMENT BUILDING
ADDRESS: 107TH ST. & INDIANA
BID NUMBER: 11862
PROJECT NUMBER: 2115-554190-9639
CONTRACT PREPARED BY: Purchasing Department
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INDEX
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PAGE
1.
NOTICE TO BIDDERS
.......................................................................................3
GENERAL INSTRUCTIONS
i2.
TO BIDDERS ............................................................................5
3.
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
4.
PAYMENT BOND..............................................................................................14
5.
PERFORMANCE BOND..........................................................................................17
6.
CERTIFICATE OF INSURANCE
..................................................................................20
7.
CONTRACT..........
8.
GENERAL CONDITIONS OF THE AGREEMENT............................................:..........................24
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9.
CURRENT WAGE DETERMINATIONS...............................................................................42
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10.
SPECIFICATIONS............................................................................................43
l11.
SPECIAL CONDITIONS........... ......................................................
.......................44
12.
NOTICE OF ACCEPTANCE......................................................................................45
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID # 11862
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, wilt be
received at the office of the Purchasing Manager, 1625 13th St., Roan L-04, Lubbock, Texas, 79401, until
2:00 o'clock P.m. on the 19th day of March 1992 or as changed by the issuance of format addenda to all
planholders, to furnish alt labor and materials and perform all work for the construction of the following
described project:
LP&L SOUTH SUBSTATION EQUIPMENT BUILDING
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene
Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 9th day of April. 1992. at Municipal Bldg.,
Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or
all bids and waive any formalities. The successful bidder will be required to furnish a performance bond
and payment bond in accordance with Article 5160, Vernon's Am. Civil St., in the amount of 100% of the
total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should
be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is
a factor that wilt 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, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a pre-bid conference on 10th day of March. 1992. at 10:00 o'clock a.m., Committee
Conference Room #103, Municipal Building, 1625 13th Street.
CITY OF LUBBOCK
BY: Gene Eads, C.P.M.
Purchasing Manager
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ADVERTISEMENT FOR BIDS
BID #11862
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L•04, Lubbock,
Texas, 79401 until 2:00 o'clock p.m. on the 19th day of March. 1992 or as changed by the issuance of formal
addenda to all planholders, to furnish alt labor and materials and perform all work for the construction of
the following described project:
LP&L SOUTH SUBSTATION EQUIPMENT BUILDING
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particutarly 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 Articte 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the.grounds of race,
color, sex, or national origin in consideration for an award.
There will be a prebid conference on 10th day of March. 1992, at 10:00 o'clock a.m., Committee
Conference Room 103, Municipal Building, 1625 13th Street.
BY: Gendya s, C.P.M.
PURCHASING MANAGER
No Text
GENERAL INSTRUCTIONS TO BIDDERS
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{ GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following:
Furnishing and installation of a pre-engineered metal building to house high voltage electrical and
electronic equipment at the Lubbock Power and Light South Substation located at'approximately 10602 Indiana
111
007th Street & Indiana).
The contractor shall furnish alt tabor, superintendence, machinery, equipment and alt materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
Atl work covered by this contract shall be done in accordance with contract documents described in the
Gen-eral Conditions.
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Alt bidders shall be thoroughly familiar with att of the requirements set forth on the contract documents
for the construction of this project and shalt 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. TME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 90 (NINETY) calendar days
from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor wilt be permitted to prosecute the work in the order of his own choosing, provided, however,
the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated
by the contract documents. In the event the City requires a progress schedule to be submitted, and it is
determined by the City that the progress of the work is not in accordance with the progress schedule so sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure compte-
tion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of
the contract documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
to execute an affidavit that all bills for labor, materisls and incidentals incurred in the construction of
the improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
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7, MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade
will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail
will not relieve the Contractor of full responsibility for providing materials of high quality and for pro-
tecting them adequately until incorporated into the project. The presence or absence of a representative of
the City on the site will not relieve the Contractor of full responsibility of complying with this provi-
sion. The specifications for materials and methods set forth in the contract documents provide minimum
standards of quality which the owner believes necessary to procure a satisfactory project.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a
written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and
pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear
within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, _
at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his
use during construction. Plans and specifications for use during construction will only be furnished di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid
for such work, until the date the City issues its certificate of completion to Contractor. The City re-
serves the right, after the bids have been opened and before the contract has been awarded, to require of a
bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by,an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable.him to buy the ma-
terials to be incorporated into the work without paying the tax at the time of purchase.
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12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in
G such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines,
conduits or other underground structures which might or could be damaged by Contractor during the construc-
!" tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground tines and utilities of which it has knowledge. How-
ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under-
ground tines 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, tights and danger sig-
nats, and shall take such other precautionary measures for the protection of persons, property and the work
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as may be necessary.
The Contractor Witt be held responsible for all damage to the work due to failure of barricades, signs, and
i lights to protect it, and when damage is incurred, the damaged portion shalt be immediately removed and re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and lights shalt 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
shalt assume full responsibility for all damage which may occur as a direct or indirect result of the blast-
ing. In addition, in all cases where explosives are authorized to be used, the Contractor shalt use utmost
care so as not to endanger life or property and the Contractor shalt further use only such methods as are
currently utilized by persons, firms, or corporations engaged in similar type of construction activity.
E 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
Y y 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
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responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shalt be required to have a responsible local representative available at alt 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
w work contemplated by this contract is in progress.
r 16. INSURANCE
` The Contractor shall not commence work under this contract until he has obtained alt 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 shalt be furnished to the City and written
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notice of cancellation or any material change will be provided ten (10) days In advance of cancellation or
change. All policies shall contain an agreement on the part of the insurer waiving the right to subroga-
tion.
The insurance certificates furnished shall name the City as an additional insured and shalt further state
that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a
statement from the Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the Owner's Representative to do such work. The
final decision on whether to allow construction work requiring an inspector on weekends or holidays will be
made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition
so that it is no longer dangerous to property or life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the
site of the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name
of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The
affidavit shall state that the copy is a true and correct copy of such payroll,`that no rebates or deduc-
tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon.
The Contractor must classify employees according to one of the classifications set forth in the schedule of
general prevailing rate of per diem wages, which schedule is included in the contract documents.
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The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten
�• dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such
J laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set
forth in the schedule ofeneral
9 prevailing rete of per diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
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Proposals submitted containing any conditions which provide for changes in the stated bid price due to in-
"' - creases or decreases in the cost of materials, labor or other items required for the project wilt be re-
jected and returned to the bidder without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes
to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis-
tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the
price written in figures, the price written in words shall govern. If the proposal is submitted by an indi-
vidual, his name must be signed by him or his duty 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 property certified and must be in writing and submitted with the proposal. The proposal
shalt be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids,
but no proposal may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fot.
lowing:
t (a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidders Proposal.
7 (d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
7 (g) Special Conditions (if any).
(h) Specifications.
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(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to
1 Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
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BID PROPOSAL
1 BID FOR LUMP SUM CONTRACTS t
PLACE
t DATE March 26, 1992 ..
k .. PROJECT N0. 11862 - • , .� ;:.:
Proposal of TUMA BUILDINGS
(hereinafter called Bidder)
To the Honorable Mayor and City Couneit Cit of Lubbock, Texas (hereinafter called
City Owner)
Gentlemen:
f' rr;
The Bidder, in compliance with your invitation for bids for the construction of a
j LP&L South Substation
" , tion �7quijarent Builcli ng
having carefully examined the plans, specifications, instructions to bidders, notice to biddac� ariid mjl o hefi'�re-� -
lated contract documents and the site of the proposed work, and being familiar with all of the eq?dI't61'surr
ing the construction of the proposed project including the availability of materials and labor, her4Fli11ptlJ0&1es to
furnish .all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions and contract documents, within the time set forth therein and at the price stated below. The price to cover
Ali expenses incurred in performing the work required under the contract documents, of which this proposal is to be
a part, Is as follows:
HATER
SERVICES
TOTAL BID:
00
Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
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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 c
days thereafter as stipulated in the specifications and otherecontract the jdocumentsect .' BidderNhereby furthervagreesntor
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 in-
1 struction number 20 of the General Instructions to Bidders.
+ Bidder understands that the Owner reserves the right to reject a re
the biddi ng. 1 ny or all bids and to waive any formality in
The Bidder agrees that this bid shalt be good and may not be withdrawn for a period of thirty (30) calendar
days after the scheduled closing time for receiving bids.
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The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examb._d
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 :h
• work on which he has bid; as provided in the contract documents.
Enclosed with this proposal is a Cashier's Check or Certified Check for Myn ThouSand Fite HLnd --ca�
Dollars (s2,500,00) or a Proposal Bond in the sum of Dollars (S
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond
Of any) with the owner within ten (10) days after the date of receipt of written notification of acceptance of ~ i
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 --ii
tract documents made available to him for his inspection in accordance with the Notice to Bidders.
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U' BOND CHECifSr PAUL FIRE S MARINE INSURANCE COMPANY
Propertyu away BEST RATING
St. Paul, Minnesota
a Insurance ST. PAUL MERCURY INSURANCE COMPANY
LICENSED IN TEXAS St. Paul, Minnesota
DATE iBY ST. PAUL GUARDIAN INSURANCE COMPANY
St. Paul, Minnesota
A Capital Stock Company
PAYMENT BOND
Bond No. 400 JH 7089
AIA Document A312
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):SURETY (Name and Principal Place of Business):
',.. Hickman Construction Compaa ny St. Paul Fire and Marine Insurance Company
P.O. Box 6457
Lubbock, TX 79413 P.O. Box 935
OWNER (Name and Address): Overland Park, KS 66201-0935
City of Lubbock, Texas
, 1625 13th Street
Lubbock, TX 79401
CONSTRUCTION CONTRACT
Date: April 9, 1992
Amount: Forty -Six Thousand, Four Hundred Fifty -Nine and N0/100---($46,459.00)
Description (Name and Location):
Furnish and Construct L P & L South Substation Equipment Building project
BOND
Date (Not earlier than Construction Contract Date): April 9, 1992
Amount: Forty -Six Thousand, Four Hundred Fifty-Nineaand NOj100 --- ($46,459.00)
Modifications to this Bond: 30 None
❑ See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Hickman ruction Com n (Corporate Seal)
Comp St. Paul Fire and Marine Insurance Company
Signatu �( Q.I�C
Signature:�-
Name r e fid v��ra j_J tZ 4$46 ru Name and Title: - '
,p -.��� _ Quentin G. Brinkworth-Atto ney '�in
An at signatures appear on Pa+6� �� a �`'�
(Any addition ,'; Fact'-
(FOR INFORMATION ONLY—Name, Address and Telephone)
. AGENT or BROKER: �)
Frank B. Hall & Co. of Missouri, Inc.
OWNER'S REPRESENTATIVE (Architect,? Engineer or P.O. Box 13567 other party):
y):
Kansas City, MO 64199-3567
816-221-1177
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • APPROVED BY
AIA DECEMBER 1984
A312 4
7651 Ed. 8-87 Printed in U.S.A.
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ICL)MUI ST. PAUL FIRE AND MARINE INSURANCE COMPANY
385 Washington Street, St. Paul, Minnesota 55102 CERT FICATE OF
Att'OR1PY Np
For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-800-328-2189 and ask for 1
the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s).
GENERAL POWER OF ATTORNEY -CERTIFIED COPY - 22
(Original on File at Home Office of Company. See Certification)�;��{{�(�(,�„(
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the la
State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint:
I f
.
Quentin G. Brinkworth, 'Kathryn L. Buxton, Helen F. Case
Hogan, Robert S. Lohr, Danny 0. Rose, John P. Starr, Linda S.
Wheeler, individually, Kansas City,Missouri
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted bylaw, statute, rule, regulation, contract of i
otherwise,
NOT TO EXCEED IN PENALTY THE SUM OF TWENTY FIVE MILLION ($25,000,000 .,
EACH
/l''�
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully''
and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office ;1}
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V, -Section 6(C), of the By Laws
adopted by the Shareholders of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of
which the following is a true transcript of said Section 6(C):
"The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have
(1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the-Sp
al of he Company thereto, '±
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and
(2) To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this.
section and/or any of the By -Laws of the Company, and
(3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him:”
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 5th day of May, 1959, of which the following is a true excerpt:
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
i' thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
' Company and any such power so executed and certified by facsimile signatures and facsimile seat shall be valid and binding upon the Company in the ,
future with respect to any bond or undertaking to which it is attached:'
ACKNOWLEDGEMENT OF ATTORNEY-IN-FACT
STATE OF
COUNTY OF ss.
On this 94/7 day of"l 19 �2 before me, a Notary Public within
and for said
County and State, personally appeared / y
personally known, and known to me to be the Attorney---ain-Fato me
ct of and for the ST. PAUL FIRE AND MARINE INSURANCE
COMPANY, Saint Paul, Minnesota, a corporation, created, organized and existing under and by virtue of the laws of the State
of Minnesota, upon oath did say that the corporate seal affixed to the attached instrument is the seal of the said Company; that
the seal was affixed and the said instrument was executed by the authority of its Board of Directors; and he/she did also
acknowledge that he/she a ecuted the said instrument as the free act and deed of said Comparly.
y,
IAN, 1),IESBIT — �►
Notary Public
Y CLIC STATE OF MlS, i2r
Comm' �x 11 - Ct'211qre
11072 Rev. 485 Printed in U.S.A. `F1 �G'IPtiCS;O'! Exp finR
i 1495
i,l��CJyFtii[
�+ IN TESTIMONY WHEREOF, I have hereunto set my hand this
`' . 9th day of April
PAUL,DZICCARE�4,LI, Secretary `
Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the u '' t ' '
copies or other reproductions of this document are invalid and not binding upon the Company. upper right corner is binding., Phfitt�copies, carbon
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
29550 Rev. 5-91 Printed in U.S.A.
�'°
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-1T-
(THIS PAGE LEFT BLANK INTENTIONALLY)
�SRUI.
.. ST. PAUL r ,
8Q D:CHECK L FIRE G MARINE INSURANCE
;: ; � St. COMPANY
Rvherty&Liabilily $EST RATING � Paul, Minnesota
r Insurance LiCEAf : 1 ST. PAUL MERCURY INSURANCE COMPANY
t TIXAS St. Paul Minnesota
DATE' r.Dy ST. PAUL GUARDIAN INSURANCE COMPANY
7 St. Paul, Minnesota
A Capital Stock Company
PERFORMANCE BOND
- Bond No. 400 JH 7089
AIA Document A312
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business).
Hickman Construction Company St. Paul Fire and Marine Insurance Company
P.O. Box 6457 �P.O. Box 935 � Lubbock, TX 79413
OWNER (Name and Address): Overland Park,. KS 66201-0935•.
City of Lubbock, Texas
1625 13th Street
Libbock, TX 79401
CONSTRUCTION CONTRACT -
Date: April 9, 1992
Amount: Forty -Six Thousand, Four Hundred Fifty -Nine and NO/100---($46,459.00)
Description (Name and Location):
Furnish and Construct L P & L South Substation Equipment Building project
BOND
Date (Not earlier than Construction Contract Date):
Amount: Forty -Six Thousand, Four Hundred Fifty -Nine and NO. 100---($46,459.00)
Modifications to this Bond: ® None ❑See Page 3
CONTRACTO PRINCIPAL —
SURETY
Company: (Garrporate Seal) Company:
Hickman st uction Co an , (�orp(`rate Seal)
y St. Paul Fire and Marine Insurance Co'
pAfiy)
Signatur
Signature:
Name e: ���' � C/c�Yt.,¢. w
Name and Title:Quentin G. Brinkwgrth-Attarney ;it} Fay
(Any additional signatures appear on pag 3) f '
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER:
OWNER'S REPRESENTATIVE (Architect, Engineer or
Frank B. Hall & Co. of Missouri, Inc. otherart
P.O. Box 13567 p y)'
` Kansas City, MO 64199-3567
816-221-1177
a ,
r"
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • APPROVED BY
AIA DECEMBER 1984
A312 1
7651 Ed. 8-87 Printed in U.S.A.
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ST. PAUL
W IRE AND M
�won, Ifflah ARINE INSURANCE COMPANY
�' CERT FICATE OF
Washington Street, St. Paul, Minnesota 55102
n At-. AORI,''FY NO.`
For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-80G 328-2189 and ask for i it
i i the Power of Attorney Clerk. Please refer to the Certificate of,Ism Authority No. and the named individual(s).
f'+0+ GENERAL POWER OF ATTORNEY -CERTIFIED COPY 7 9 2 2
(Original on File at Home Office of Company. See Certification.)
KNOW ALL MEN BY THESE PRESENTS: That St.
r ` State of Minnesota, having its prinPaul Fire and Marine Insurance Company, a corporation organized and existing unde i law .....
cipal office in ththe
r
e City of St. Paul, Minnesota, does hereby constitute and appoint
Quentin G. Brinkworth,' Kathryn L. Buxton, Helen F. Casey, Thomas.''3 'il,i,) , ,�
Hogan, .Robert S. Lohr, Danny 0- Rose, John P. Starr, Linda S +
Wheeler, individually, Kansas City,Missouri.
( {a
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recd }
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation contracts
or t
otherwise,
NOT TO EXCEED IN PENALTY THE SUM OF TWENTY F'
EACH FIVE MILLION ($251�000�00p��
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire Marine Insurance Company, a's'iupy
and amply, to all intents and purposes, and as if the same had been duty executed and acknowledged by its regularly elected officers at its principal office
and by authority of Article V, -Section 6(C), of the By -Laws,
adopted by the Shareholders of ST. PAUL FIRE AND MARINE INSURANCE
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to COMPANY at
meeting called and held on the 28th day (C), April, 1978, of, €
i which the following is a true transcript of said Section 6(C):
"The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have' power and{ authority
(1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,'.,
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and
(2) To appoint special Attorneys -in -fact, who are hereby authorized to certifyto co of an
section and/or any of the By -Laws of the Company, and copies YPower-of-attorney issued in pursuance of this
P
"'.
(3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly ,
called and held on the 5th day of May, 1959, of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating ,r
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the ;
Company and any such power so executed and certified by facsimile signatures 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:'
17
�
-* ACKNOWLEDGEMENT OF ATTORNEY IN -FACT
i
STATE OF
I COUNTY OF ss.
4 it
On this 9`�f7 day of �
19 before me, a Notary Public, within and for said
7 County and State, personally appeared
personally known, and known to me to :: -1
be the Attorney-in-Fto me
act of and for the ST. PAUL FIRE AND MARINE INSURANCE
COMPANY, Saint Paul, Minnesota, a corporation, created, organized and existing under and by virtue of the laws of the State
of Minnesota, upon oath did say that the corporate seal affixed to the attached instrument is the seal of the said Company; that
the seal was affixed and the said instrument was executed by the authority of its Board of Directors; and he/she did also
acknowledge that he/she a e'cuted the said instrument as the free act and deed of said Company.-
-
_--DIANA D. RESBIt - --.
Notary Public UC STATE OF PII
11072 Rev. 485 Printed in U.S!11.A. Comm' ggx it CoLwrf
'�G`1�tiC3WN-Exp
AaR.' I Ig45
IN TESTIMONY WHEREOF, I have hereunto set my hand this • `} i '
yes. ,Z 9thA
day of Pril
19' 92
' PAUL,D. ? CAtary
RIiI,LI. Secre
Only a certified copy of Power of Attorney bearing the CertiPcate of Authority No. printed in red on the u /
copies or other reproductions of this document are invalid and not binding upon the Company. , ,
upper right corner is binding Phbtbcopies, carbon
p.,, 'ANY ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.'
29550 Rev. 5-91 Printed in U.S.A.
f
a
z
z,
B
�•+ CERTIFICATE OF INSURANCE
1
-20-
(THIS PAGE LEFT BLANK INTENTIONALLY)
7
CITY OF LUBBOCK
ATTN GENE EADES-PURCHASING
PO BOX 2000
LUBBOCK TX 79415
[AAbORD 25-S (7/90)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL __!_0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
i LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
CORPORATION 1990
.�►/:CETE OF
RTIFIC A
INSURAN
ISSUE DATE (MM/DD/YY)
CE
...
PRODUCER8-92
1
HIS
CERTIFICATE IS IS LIED AS AMATTER OF INFORMATION ONLY AND
QUISENBERRY & ASSOCIATES INS
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
4601 66TH STREET SUITE B
POLICIES BELOW.
�^
LUBBOCK TX 79414
COMPANIES AFFORDING COVERAGE
CCOIMPA Y COMMERCIAL UNION INS. CO.
�i
_.... __....
..
_
COMPANY ...._.._ _..___ ,....._.,
+
..........._.._. .. __.. ___ _
INSURED
LETTER B U.S. FI RE INSURANCE CO.
TUSHA BUILDING CONSTRUCTION
COMPANY
LETTER C
PO BOX 6457
_.., ... .
LUBBOCK TX 79413
LEOTMTER Y D
COMPANY
LETTERit E
COVERAGES. „
THE
INDICATED, NOTWITHSTANDINGFY THAT
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
M OR CONDITION
I PM
CERTIFICATE MAY BE ISSUED OR MAY PERTAINET E INSURANCE AFFORDED
F BY THE POANY LICIES DESCRIBED ACT OR OTHER H REIN S SNT TUB ECT O ALL THTH RESPECT TO E TERMS;
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO:
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS
GENERAL LIABILITY
I,.
A X COMMERCIAL GENERAL LIABILITY '
GENERAL AGGREGATE S0 0 0 0 O 0
— -
”!
CLAIMS MADE X OCCUR. CRR 3 2 5 3 7 5
OWNER'S Ill PROT.
PRODUCTS-COMP/OP AGG. 5 1,000,000
12-20-91 1 2— 2 0- 9 2 PERSONAL & ADV. INJURY S 1,000,000
_
EACH OCCURRENCE 5 1,000,000
FIRE DAMAGE (Any one (Ire) S 591, 0 0 0
PON
IYAUTOMOBILE LIABILITY
MED. EXPENSE (Any one person) $ 5,000
I
X 'ANY AUTO
A X ;ALL OWNED AUTOS
COMBINED SINGLE
LIMIT S 1,000,000
FRAE58347
'SCHEDULED
12-20-91 12-20-92 BODILY INJURY
..
_X AUTOS
X HIRED
(Per person) $
f AUTOS
X NON -OWNED AUTOS
_
(PeraccINJURY S
GARAGE LIABILITY
PROPERTY DAMAGE $
EXCESS LIABILITY
77 UMBRELLA FORM
EACH OCCURRENCE i
OTHER THAN UMBRELLA FORM
AGGREGATE $
WORKER'S COMPENSATION
STATUTORY LIMITS
3 AND 408-53-99-41'100,0001-13-92
1-13-93 EACH ACCIDENT a
�..
EMPLOYERS' LIABILITY
DISEASE—POLICY LIMIT i 5 0 0, 000
I
OTHER
DISEASE—EACH EMPLOYEE 5 100, 000
r-
A BUILDERS RISK TO BE ASSIGNED
2-1-92 2-1-93 $locatQ
3,000,000.
catasprophe
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
GENERAL CONTRACTOR JOB: LP&L SUB
STATION
7
CITY OF LUBBOCK
ATTN GENE EADES-PURCHASING
PO BOX 2000
LUBBOCK TX 79415
[AAbORD 25-S (7/90)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL __!_0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
i LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
CORPORATION 1990
p
I
4
-22
(THIS PAGE LEFT BLANK INTENTIONALLY)
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this -April 9. 1992, by and between the City of Lubbock, County of
(�"'• Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter
f[ referred to as OWNER, and Tushe Buildings of the City of LUBBOCK, County of LU83OCK and the State of TEXAS,
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
Performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol-
lows:
BID # 11862 - LP&L SOUTH SUBSTATION EQUIPMENT BUILDING PROJECT IN THE AMOUNT OF $46,459.000.
r'
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery,
Labor, insurance and other accessories and services necessarycomplete the saiai to c equipment, tools, superintendence,
the contract documents as defined in the General Condition of Agreementd construction in accordance with
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
i^ been given to him and to substantially complete same within the time specified in the contract documents.
t 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
Texas in the year and day first above written.
qcrATT:ry
APPR ED AS TO CONTENT:
APPR ED AS TO ,•
-23-
TUSHA BUILDINGS
CONTRACTOR
ByO
Y
TITLE:
COMPLETE ADDRESS:
PO BOX 6457
LUBBOCK. TX 79413
County,.
GENERAL CONDITIONS OF THE AGREEMENT
-24-
(THIS PAGE LEFT BLANK INTENTIONALLY)
0
GENERAL CONDITIONS OF THE AGREEMENT
Fi. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or. Second Party, is used, it shall
` be understood to mean therson
pe ,.persons, co -partnership or corporation, to -wit: JUSHA BUILDINGS, 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 Owners Representative or representative is used in this contract, it shalt be understood
as referring to WAYNE HICKS, LP&L SYSTEMS ENGINEER, 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
titular under this agreement. Engineers,$ by said Owner to act in any par -
supervisor or inspectors will act for the Owner under the
direction of Owner's Representative, but shalt not directly supervise the Contractor or men acting in behalf
of the Contractor.
4. CONTRACT DOCUMENTS
r The contract documents shalt 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
rto Bidder for his inspection in accordance with the .Notice to Bidders.
t 5• INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," uDesignated," "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 shalt mean approved by or acceptable or satisfactory
to the Owner's Representative.
'Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
the fulfillment of which must depend of individual judgment, then, in all such cases, any question of the
fulfillment of said Specifications shall be decided by the Owners Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
character of the work.
6. SUBCONTRACTOR
r
4 .
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor
for performance of work on the project contemplated by these contract documents. Owner shall have no re-
sponsibitity 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 -25-
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.
B. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and
all other facilities necessary for the execution and completion of the work covered by the contract docu-
ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shalt 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. --
4. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu-
ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10.AL YOUT
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 shalt be furnished with one copies of ell Plans, Profiles and Specifications without expense
to him and he shalt keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if.the work is proceeding in accordance with the contract docu-
ments. He will not be required to make exhaustive or continuous on-site inspections to check the quality or
quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions incident thereto.` His efforts will be directed towards providing
assurances for the Owner that the completed project will conform to the requirements of the contract docu-
ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with
the Contract Documents. On the basis of his on-site observations, he will keep the owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of
the Contractor.
-26
r -k
13.
FM
All tines and grades shalt be furnished by the Owner's Representative whenever necessary for the commence-
ment of the work contemplated by these contract documents or the completion of the work contemplated by
these contract documents. Whenever necessary, Contractor shatt suspend his work in order to permit Owner's
Representative to comply with this requirement, but such suspension will be as brief as practical and Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks,
etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him,
his Subcontractors, or his employees, such stakes, marks, etc., shalt be replaced by the Owner's Representa-
tive at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
i
LINES AND GRADES
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 rOwner's Representative shall, in all
cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this
contract. He shall determine all questions in relation to said work and the construction thereof, and
shall, in all cases, decide every question which may arise relative to the execution of this contract on the
part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent
to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the
Contractor to receive any money under this contract; provided, however, that should Owner's Representative
render any decision or give any direction, which in the opinion of either party hereto, is not in accordance
with the meaning and intent of this contract, either party may file with said Owner's Representative within
30 days his written objection to the decision or direction so rendered, and by such action may reserve the
right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shalt be no delay in the execution of the work, therefore, written decisions or direc-
tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there-
from shall be thereafter adjusted to arbitration as hereinafter provided.'
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela-
tive to the execution of the work or the interpretation of the contract, specifications and plans. Should
the Owner's Representative fail to make such decision within a`reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint
from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative
may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that
said material is furnished and said work is done in accordance with the specifications therefore. The Con-
tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors
or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey
the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when
such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate
engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's
Representative for his decision.
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17.
18.
19.
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
cortpetent,and reasonable representatives of the Contractor is essential to the proper performance of the
work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or
any subcontractors, or any of his agents or employees, or any other persons performing any of the work.
CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na-
ture and location of the work, the confirmation of, the ground, the character, quality and quantity of mate -
Hats 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.
CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in.the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis-
orderly, such man or, men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish same, and it is also understood that. Owner shall not be held responsible for the care, preservation,
conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it
Is finally completed and accepted.
The building of structures for the ,housing of men or equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary conditions of the groundsinor about such structure
shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob-
servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall
be approved by the owner's Representative and their use shall be strictly enforced.
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21. OBSERVATION AND TESTING
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The Owner or Owners Representative shalt have the right at alt reasonable times to observe and test the
work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser-
vation and testing at any location wherever work is in preparation or progress. Contractor shalt ascertain
the scope of any observation which may be contemplated by owner or Owners Representative and shalt give am -
pie notice as to the time each part of the work will be ready for such observation. Owner or Owners Rep-
resentative may reject any work found to be defective or not in accordance with the contract documents, re-
gardless of the stage of its completion or the time or place of discovery of such errors and regardless of
Whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work
should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre-
sentative, be uncovered for examination at Contractorls expense. In the event that any part of the work is
beingfabricated or manufactured at a location where it is not convenient for Owner or Owners Represents-
tive to make observations of such work or require testing of'said work, then in such event Owner or Owner's
Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection,
r"M 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. Alt 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 taw 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 Owners Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work
which faits 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
shalt be considered defective. Such defective work shall be corrected at the Contractors 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 shalt 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 OwnersO Representative as un-
suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after
receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re-
build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur-
ther agreed that any remedial action contemplated as hereinabove set forth shalt be at Contractors expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part
thereof, either before or after the beginning of the construction, without affecting the validity of this
'contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the
basis for a claim for damages, or anticipated profits on the work that may be dispensed with. if they in-
crease the amount of work, and the increased work can fairly be classified tinder 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 shalt be paid for as provided under Extra Work. In
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case the Owner shall make such changes or alterations as shall make useless any work already done or mate -
Hat already furnished or used in said work, then the owner shall recompense the Contractor for any material
or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, except as provided under Changes and Alterations herein.
it is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa-
tive when presented with a written work order signed by the Owner's Representative; subject, however, to the
right of the Contractor to ,require written confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined
by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is com-
menced, then the Contractor shall be paid the actual field cost of the work, plus `
fifteen (15X) per cent.
In the event said extra work be performed and paid for under Method (C), then ,the provisions of.this para-
graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as _
foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and
equipment, for the time actually employed or used on such extra work, plus actual transportation charges
necessarily incurred, together with all expenses incurred directly on account of such extra work, including
Social. Security, Old Age.Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's
Compensation and all other insurances as may be required by law or ordinances or directed by.the Owner or
Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts
of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's _
Representative. The Owner's Representative may also specify in writing, before the work commences, the
method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin- `
ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of
Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical,
the terms and prices for the use of machinery and equipment shall .be A ncorporated in the written extra work -
order. The fifteen percent (15X) of the actual field cost to be paid to Contractor.shall cover and com-
pensate him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments of cost and expense not embraced within the actual field cost as herein defined, save that where the
Contractor's Camp or Field office must be maintained primarily on account of such Extra Work, then the cost
to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in, writing by Owner's Representative. In
case any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre-
sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what
does or does not constitute extra work or as to the payment therefore, and the Owner's Representative in-
sists upon its performance, the Contractor shall proceed with the work after making written request for
written order and shall keep adequate and accurate account of the actual field cost thereof, as provided
under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi-
tration as herein below provided.
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25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the
E 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 shalt be considered that the
Contractor fully understands the work to be included and has provided sufficient sums In his proposal to
complete the work in accordance with these plans and specifications. It is further understood that any re-
quest for clarification must be submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to.be inadequate to secure the
quality of work with the rate of progress required under this contract, the Owner or Owner's Representative
may order the Contractor in writing to increase their safety or improve their character and efficiency and
the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specs
Pied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shalt comply with the
Workmen's Compensation laws of the State of Texas. The Contractor shalt at all times exercise reasonable
precaution for the safety of employees and others on•or near the work and shalt comply with all applicable
provisions of federal, state and municipal taws and building and•construction.codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention
in Construction" of Associated General Contractors of America, except where incompatible with federal, state
or municipal taws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem-
nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or
claims of any character whatsoever, brought for or on account of any injuries or damages received or sus-
tained by any person or persons or property, on account of any negligent act or fault of the Contractor or
any subcontractor, their agents or employees, in the execution and supervision of said contract, and the
project which is the subject matter of this contract, on account of the failure of Contractor or any subcon-
tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment
with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as
an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be
given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
is sole cost and expense through the life of this contract, in -
The Contractor shall procure and carry at h
surance protection as hereinafter specified. Such insurance shalt be carried with an insurance company au-
thorized to transact business in the State of Texas and shall cover all operations in connection with this
contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided
covering the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include: _
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c° waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall;obtain an Owner's Protective or Contingent Public Liability Insurance policy
naming the City of Lubbock as insured and the amount of such policy shall be as follows
for bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and non -owned cars including: Employers Nonownership Liability Hired and Non -
owned Vehicles. The City is to be named as an additional insured on this policy for this specific
job and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk insurance
The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten-
tial loss) naming the City of Lubbock as insured.
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E. Excess or umbrella Liability insurance
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The Contractor shalt have Excess or Umbrella Liability Insurance in the amount of
($1,000,000 minimum) with coverage to correspond with Comprehensive orrprehensive General Liability and Comprehen-
r.o sive Automobile Liability coverages.
I
The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering at( employees whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at least $100,Oo0 limit.
G. Proof of Coverage
4
Before work on this contract is commenced, each Contractor and subcontractor shalt submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
PM offered as evidence of compliance with the above insurance requirements, signed by an authorized
t representative of the insurance company setting forth:
(1)The name and address of the insured.
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'a (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 maiting written notice to the named in-
sured at the address shown in the bid specifications.
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(6) A provision that written notice shall be given to the City ten days prior to any change in
or cancellation of the policies shown on the certificate.
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(7) The certificate or certificates shall be on the form (or identical copies thereof) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
}
able.
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29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT
AND SUPPLIES
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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, materiatmen and furnishers of machinery and parts
thereof, equipment, pment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shalt allow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and`shall fail to pay and discharge any such indebtedness
�.. within five (5) days after demand is made, then Owner may, during the period for which such indebtedness
7 -33-
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.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shalt pay all royalties and license fees, and shaLL_provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shall defend aLL suits or claims for infringement of any patent or
copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that
owner shall defend all such.suits and claims and shall be responsible for aLL such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is speci-
fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm-
less from any toss on account thereof. If the material or process specified or -required by Owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
Owner of such infringement.
31. LAWS AND ORDINANCES
The Contractor shalt 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 taws, 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
shalt 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 shalt bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the taw from which it derives its powers, in-
sofar as the sameregulates the objects for which, or the manner in which, or the conditions under which the
Owner may enter into contracts, shall be controlling,.and shall be considered as part of this contract to _
the same effect as though embodied herein.
32, ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to
the fulfillment of this contract. The Contractor further, agrees that subletting of any portion or feature
of the work, or materials required in the performance of this contract, shalt not relieve the Contractor
from his full obligations to the Owner, as provided by this contractual agreement.
33. TIME FOR COMPLETION AND LiOUIDATED DAMAGES
it is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract of work to be done hereunder are essential
conditions of.this contract; and it is further mutually understood and agreed that the work embraced in this
contract shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner,.then the Contractor does hereby agree as part of the con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $100.00 (ONE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages
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f:
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.
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It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this local-
ity.
The amount is fixed and agreed upon
by and between the Contractor and the Owner because of the impractica-
bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain,,and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from
current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this
contract.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and
4.
in such manner as shall be most conductive to economy of construction; provided, however, that the order and
time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in
accordance with this contact, the plans and specifications, and within the time of completion designated in
the proposals; provided, also, that when the Owner is having other work done, either
own force, the Owner's Representative may direct the time and manner of constructs by contract or by his
ng 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 Ownerls Representative,
I schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at
which the Contractor will start the several parts of the work and estimated dates of completion of the sev-
eral parts.
35. EXTENSION OF TIME
The Contractor, agrees that he has submitted his proposal in full recognition of the time required for the
completion of:this project, taking .into consideration the average climatic range and industrial conditions
prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove
j�., 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 ! y by an act or neglect of the Owner, Owners Representative, employees
of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike,
Poll
walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written Justification as may be required
• for such an extension as requested � y � by Owner's Representative
eq by Contractor. The Owner s Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. Should the Contractor disagree with the action of City Council on granting an extension of
time, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
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shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of
the work embraced in this contract except where the work is stopped by order of the Owner or Owner's
Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's
Representative that is caused by such stoppage shall be paid by Owner to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.
In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract,
including the specifications, plans and other contract documents are intended to show clearly all work to be
done and material to be furnished hereunder. Where the estimated quantities are shown for the various
classes of work to be done and material to be furnished under this contract, they are approximate and are to
be used only as a basis for estimating the probable cost of the work and for comparing their proposals of-
fered for the work. It is understood and agreed that the actual amount of work to be done and the materials
to be furnished under this contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of work done
and materials furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shalt take proper means to protect the adjacent or adjoining property or properties in any
way encountered, which may be injured or seriously affected by any process of construction to be undertaken
under this agreement, from any damage or injury by reason of said process of construction; and he shall be
Liable for any and all claims for such damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims
for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. PRICE FOR WORK
In consideration of the furnishing of all'necessary tabor, equipment and material and the completion of all
work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity
with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price -
set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor
hereby agrees to receive such price in full for furnishing all materials and all labor required for the
aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the
whole thereof in the manner and according to this agreement, the attached specifications, plans, contract
documents and requirements of Owner's Representative.
40. PAYMENTS
No payments made'or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shalt any certificate or payment be considered as acceptance of de-
fective work. Contractor shall at any time requested during'the progress of the work furnish the Owner or
Owner's Representative with a verifying certificate showing the Contractor's totaloutstanding indebtedness
in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or
otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the con-
tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all
claims against Owner which have not theretofore been timely filed as provided in this contract.
-36-
41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shalt submit to Owners Representative an applica-
tion for partial payment. Owner's Representative shall review said application for partial payment and the
progress of the work made by the Contractor and if found to be in order shall prepare a.certificate for par-
tial payment showing as completely as practical the total value of the work done by the Contractor up to and
including the last day of the preceding month; said statement shall also include the value of all sound ma-
terials delivered on site of the work that are to be fabricated into the work.
The Owner shalt then pay, the Contractor on or before the fifteenth day of the current month the total amount
of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5%
shall be retained until final payment, and further, less all previous payments and all further sums that may
be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole
work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and
some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon
written recommendation of Owners Representative pay a reasonable and equitable portion of the retained per-
centage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owners Representative written notice that
the work has been completed or substantially completed, the Owner's Representative and the Owner shall in-
.spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance with the contract documents, the Owner's Representative shall issue to the owner and Contractor his
certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to
issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shalt 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 shalt certify same to the Owner, who shalt pay to the Contractor on or be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the
,certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve
the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Ownerst premises all materials condemned by the Owner's Representative
„ on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con.
tractor shalt at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time after a written notice
by Owner may remove and replace it at Contractors expense. the Owner or the Owners Representative,
r•r 45. CORRECTION OF WORK AFTER FINAL PAYMENT
` Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for
?" any damage to other work resulting therefrom, which shalt appear within a period of one (1) year from the
-37-
46.
date of substantial completion. The owner or the owner's Representative shall give notice of observed de-
fects with reasonable promptness.
PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of,
(a) Defective work not remedied.
_(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner,
which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of
them.
47. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the
Owner's Representative has given any directions, order or instruction to which the'Contractor desires to
take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and
render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's
Representative, any demand for arbitration shall be filed with the owner's Representative and the Owner in
writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by
the Contractor of the final payment shall be a bar to any claim by either party, except where noted other-
wise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration, at the request of either
party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named
in writing by each party and the third chosen by the two arbiters selected;'or if the arbiters fail to se-
lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration
fail to name an arbiter within ten C10) days of the demand, his right to arbitrate shall lapse, and the de-
cision of the Owner's Representative shell be final and binding on him. Should the other party fail to
choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei-
ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to.take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the
contract, unless either or both parties shall appeal within ten'(10) days from date of the award by the ar•
biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated
Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
-38-
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The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the
appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar-
biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ-
ing and shall not be open to objection on account of the form of proceedings or award.
49. ABANDONMENT By CONTRACTOR
In case the Contractor should abandon and fait or refuse to resume work within ten (10) days after written
notification from the Owner or the Owners Representative, or if the Contractor fails to compty with the or-
ders of the Ownerls Representative, when such orders are consistent with this contract, this Agreement, or
the Specifications hereto attached, then the Surety on the bond shalt be notified in writing and directed to
i complete the work and a copy of said notice shalt be delivered to the Contractor.
r
After receiving said notice of abandonment, the Contractor shalt not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any
rental or credit therefore (except when used in'connection with Extra work, where credit shalt 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 fait 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)
(b)
The Owner may employ such force of men and use of machinery, equipment, toots, materials and sup-
plies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged
shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at
any time become due to the Contractor under and by virtue of this Agreement. In case such expense
is less than the sum which would have been payable under this contract, if the same had been com-
pleted by the Contractor, then said Contractor shall receive the difference. In case such expense
is greater than the sum which would have been payable under this contract, if the same had been com-
pleted by said Contractor, then the Contractor and/or his Surety shalt pay the amount of such excess
to the Owner; or
The Owner, under seated bids, after notice published as required by law, at least twice in a newspa-
per having a general circulation in the County of location of the work, may let the contract for the
completion of the work under substantially the same terms and conditions which are provided in this
contract. in case of any increase in cost to the Owner under the new contract as compared to what
would have been the cost under this contract, such increase shalt 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 shalt 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, shalt be
issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as
being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or
his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within
30 days after the date of certificate of completion.
-39.
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, toots, materials or supplies on the site of the
work, notice thereof, together with an itemized list of such equipment and materials shalt be matted 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 otherr giving of
such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the
duty ofthe 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 sate may be made at either
public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin-
ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply
with said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all
materials on the ground that have not been included in payments to the Contractor and have not been incorpo-
rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the value of all work actually completed by said Con- _
tractor at the prices stated in the the attached proposal, the value of all partially completed work at a
fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided
for by the terms of this contract, and a reasonable sun to cover the cost of any provisions made by the Con- ^
tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative
shall then make a final statement of the balance due the Contractor by deducting from the above estimate all
previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this
Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the batance.shown by said final statement as due the
Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with
Article 5160, Vernon's Annotated Civil Statutes.in the amount of 100% of the total contract price, in the
event saidcontract price exceeds S25,000.00. If the contract price does not exceed $25,000.00, the statu-
tory bonds will not be required. All bonds, if required, shalt be submitted on forms supplied by the Owner,
and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shalt control.
-40-
55.
OSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
work, shalt be sustained and borne by the Contractor at his own cost and expense.
INDEPENDENT CONTRACTOR
Contractor is, and shalt remain, an independent contractor with full, complete and exclusive power and au-
thority to direct, supervise, and control his own employees and to determine the method of the performance
of the work covered hereby. The fact that the Owner or Owner's Representative shalt have the right to ob-
serve Contractor's work during his performance and to carry out the other prerogatives which are expressly
reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at
any time change or effect the status of the Contractor as an independent contractor with respect to either
the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or
corporation.
CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and
at the completion of the work he shalt remove all such debris and also his tools, scaffolding, and surplus
materials and shalt leave the work roan clean or its equivalent. The work shalt be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
-41-
No Text
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6. .
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A
i CURRENT NAGE DETERMINATIONS
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(THIS PAGE LEFT BLANK INTENTIONALLY)
i Resolution #2502
January 8, 1987
Agenda Item #18
P
r.. DGV: 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
i'
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
1.23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
r" to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Y 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:
i
Exhibit A: Building Construction Trades '
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
r• 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
P! all public works contracts as provided by law. -
f"' Passed by the City Council this 8th day.of January 1987.
r
e.
"'' • B.C. MCMINN, MAYOR
{
Ranette.Boyd, City Secretary
` APPROVED T. ONTENT:
APPROVED AS TO FORM:
�d
Bi 1 P iyne, D rector o
f Bu�ld�ng
Services Do Id G. Vandiver, First
iAssistant 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
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
6
EXHIBIT B
A Paving and Highway Construction
Prevailing Wage Rates
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
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
�^
F1 agger
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
f
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
r
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.1 1/2 times base rate. -
SPECIFICATIONS
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(THIS PAGE LEFT BLANK INTENTIONALLY)
LUBBOCK POWER AND LIGHT
SPECIFICATION #kSE-0009-2-011792
SOUTH SUBSTATION EQUIPMENT BUILDING
I
Part I - General
1.01 Scope of Work:
This specification covers the requirements for,the
furnishing and installation
of a pre-engineered metal
building to house high voltage electrical and electronic
r
equipment at the Lubbock Power and Light South Substation.
This substation is located at
approximately 10602 Indiana
(107th. St. and Indiana). The Vendor under this
specification shall be responsible for the detailed -design,
engineering, fabrication, and
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erection of the building
described in the specifications and shown on the attached_
drawings. The work shall include but not be limited to the
furnishing of
site grading and preparation, concrete
foundations, steel framing, interlocking wall and roof
panels, doors and hardware, interior walls,. and HVAC
systems. The building shall be of the rigid frame, clear
span design, and shall conform to the standards of metal
building industry.
1.02 Submittals:
The Vendor shall submit with his bid
descriptive literature on the building system
i
proposed. being
After contract award, the Vendor shall submit for
�-
approval, descriptive literature, design calculations and
shop drawings on
principal items and products being
supplied. Shop drawings for the building structural
systems
shall be prepared by and bear the seal of "a structural
engineer that is registered in the state of Texas.
Foundation plans shall be submitted for approval by LP&L.
Upon completionof the job, the Vendor shall furnish
one set of reproducible "as built" drawings of the building.
r.
Submit to the Owner two bound copies of the following'
information for heating and cooling equipment:
A. Catalog data on all equipment
B. Start up instructions for all equipment
l
C. Trouble shooting procedures for all equipment
1
D. Complete wiring diagrams
E. Recommended maintenance schedules for all equipment
F. Parts list for all items
G. Name and address of Vendor
H. Warranty information
1.03 Codes and Permits:
The sTeent Vendorbuilding
shallshall
resp nsiblewith
forall
obtainingbuilding
codes.. Thh
necessary permits and inspections.
Part II - Products
2.01 Metal Building System:
All metal building components shall be of grades equal
or better than those set forth in the Metal Building
Manufacturers Association (MBMA), "Recommended Design
Practices Manual", the American Welding Society.(AWS) D1.1,
"Structural Welding Code", and the American Institute of
Steel Construction (AISC), "Specifications for the Design,
Fabrication and Erection of Structural Steel .for Buildings".
Wind and live loads shall be in accordance.with local
building codes and MBMA standards except that the building
shall be designed and certified to withstand wind speeds of
90 MPH. Roof systems shall be.designed to comply with the
uplift requirements of UL -90. The Contractor shall furnish
certifications of compliance with UL -90 -
Wall and roof panels shall be steel with a minimum
thickness of 26 gauge. Wall panels shall be galvanized,
epoxy primed inside and out and painted inside and out. The
outside finish coat shall be a minimum 1 mil thick and shall
be warranted for 20 years against fading and peeling.
Building color will.be selected by LP&L from the
manufacturer's standard colors. The interior finish shall be
,a polyester paint with a minimum thickness of .5 mils. Roof
panels shall be 26 gauge mechanically seamed, standing seam
design with a zinc - aluminum alloy finish. The minimum roof
slope shall be 1/2" in 12inches. Roof and wall panels shall
be warranted to be weather tight for twenty years. All wall
panels shall be provided with painted metal interior liner
panels to eave height except in the Battery Room. Battery
Room interior finishes are specified below. All exposed
interior structual members shall be painted to match the
liner panels.
All roof and wall panels shall have closed cell foam
closures that match the panel profile installed at the eave,
rake, and base to provide a weather tight building. Mitered
sheets will not be accepted in lieu of closure strips. All
0A
sidelaps, endlaps and flashings shall be.sealed with no non -shrinking, non-drying, mastic tape.
End walls of the building shall be designed with a
101-0" x 10'-0" clear framed openings for equipment access
panels. This clear opening shall be from the floor slab up
to a height of 10 feet, requiring that provisions be made to
remove the floor plate or channels re
panels?at the floor. Fre required to secure wall,
anticipated. The structural framing,
these panels is not
sheeting shall be cut and arranged gsuchlthatna110an0"x10'-0"
clear access could be obtained to the building in these
areas without cutting panels or members. The removal of
bolts, screws, flashings, panels, insulation, trims, foam
closures, or mastics will be considered acceptable means of
achieving this access. Panels should be fully weather tight
in the area of the access panels.
-
2.02 Foundation and Floors:
�.,
The Contractor shall prepare detailed foundation
drawings and anchor bolt plans and
i
-
trenches, cable pull boxes, conduits and other details
installed.as shown on the
sidelaps, endlaps and flashings shall be.sealed with no non -shrinking, non-drying, mastic tape.
End walls of the building shall be designed with a
101-0" x 10'-0" clear framed openings for equipment access
panels. This clear opening shall be from the floor slab up
to a height of 10 feet, requiring that provisions be made to
remove the floor plate or channels re
panels?at the floor. Fre required to secure wall,
anticipated. The structural framing,
these panels is not
sheeting shall be cut and arranged gsuchlthatna110an0"x10'-0"
clear access could be obtained to the building in these
areas without cutting panels or members. The removal of
bolts, screws, flashings, panels, insulation, trims, foam
closures, or mastics will be considered acceptable means of
achieving this access. Panels should be fully weather tight
in the area of the access panels.
-
2.02 Foundation and Floors:
�.,
The Contractor shall prepare detailed foundation
drawings and anchor bolt plans and
submit these drawings to
LP&L-for approval. The foundation shall have the cable
trenches, cable pull boxes, conduits and other details
installed.as shown on the
r
attached drawings. Concrete shall
have,a minimum 28 day, compressive strength of 3000
psi.
Concrete testing will be performed by the City of Lubbock. -
Floors under the high
r
voltage switchgear shall be level
within .+ or - 1/1611. Total weight of the high
"
voltage
switchgear is 25,000 pounds and total weight of the relay
equipment is 4,000
pounds. Floor design should assume that
this equipment will be rolled in and out of the building
through
the wall access panels.
The existing site subgrade has been compacted and rough
graded to the elevations shown on the drawings. The
Contractor shall provide all additional compacted fill
necessary to achieve the required finished floor elevation
-shown on the drawings. Fill material shall be compacted to -a
density of 95% Standard Proctor. Compaction testing will be
performed by the City of Lubbock.
2.03 Insulation:
All exterior building walls and roof panels shall be
insulated with a minimum of 2" thick glass fiber blankets.
The insulation material and backing shall meet the flame
spread and smoke requirements of UL FHC 25/50. Insulation
blankets shall be secured to wall and ceiling panels and
retained with poultry netting as required.
3
2.04 Doors and Hardware
Exterior doors shall be hollow metal, 1 3/4" thick with
18 gauge face sheets and arranged for mortise deadbolt lock
installation. Door frames shall be 16 gauge and shall be
fully weatherstripped. All door locks shall -be Russwin model
5056 to match existing substation hardware. All doors shall
be keyed alike. Entrance doors for the Switchgear and
Storage Rooms shall be 31-611,x 7'-0" while theBatteryRoom
door shall be 3'-0" x 7'-011.
2.05 Louvers:
The Battery Room shall be provided with two 10"x16"
operable louvers, with insect screen and 1" thick filter.
Louvers shall be galvanized steel and painted to match the
building wall panels. -
2.06 Interior Walls and Finishes:
Interior walls shall be metal stud, dry wall
construction. The South wall of the Switchgear Room shall
have a'layer of 1/211,plywood installed under the gyp board.
Gyp board walls shall be taped, textured, painted and
provided-with.a vinyl.base. All walls in the Battery Room
shall be covered with mosture.proof-gyp board and finished
with white FRP panels. The FRP 'panels shall be installed in
accordance with the manufacturer's recommendations. Provide
all necessary inside corners, outside corners, butt joint
connectors, and other accessories and fittings necessary to
provide,a-complete finished and waterproof, job.
Interior wall finishes shall be as scheduled below:
Room Wall Finish
North South East West
Switchgear
Battery
MLP 1/211PW MLP
VB 1/2"GB VB
TTP
VB
1/2"MPGB 1/2"MPGB 1/2"MPGB
FRP FRP FRP
VB VB VB
MLP
VB
1/2"MPGB
FRP
VB
Storage 1/2"GB MLP 1/2"GB MLP
{MLP = factory finished metal liner panel, VB = vinyl cove
base, PW = plywood, GB = gyp board, MPGB = moisture proof
gyp board, FRP = fiberglass reinforced plastic}
4
t
i
2.07 Heating and Cooling System:
Install a new 5 ton refrigeration having a minimum SEER
rating of 8. The condensing unit shall be installed on a
concrete pad and shall be provided with a hail screen.
The electric furnace shall have a rating of 20 KW and a
2500 cfm blower. The base for the furnace shall be.
constructed to support the furnace and permit the entrance
of return air. Provide a trapped PVC condensate drain
through the exterior wall. The unit shall be operated by a
standard thermostat with switches for blower control ("Auto -
Off") and seasonal control ("Heat -Cool").
The furnace and condensing unit shall be wired to
disconnect switches; furnished and installed by the
Contractor. Electric service to the disconnects will be
provided by others at a later date. The Owner will provide a
temporary service to the equipment for check out and
acceptance testing. Units shall be rated for 208/230 volt,
single phase service.
Duct work shall be low pressure and constructed of
galvanized steel in conformance with l" w.g. pressure class.
Duct metal gauges, duct construction, joint bracing, and
joint construction shall be in accordance with SMACNA HVAC
DUCT CONSTRUCTION STANDARDS, First edition. Duct shall be
lined with 1" thick insulation and properly supported from
the existing building bar joists. The duct shall be
22"x15" OD, approximately 35 feet long with (5) five
diffusers as shown on the drawings.
2.08 Conduits and Cable Trenches:
The Contractor shall install a system of cable trenches
and underfloor conduits as shown on the plans. Cable
trenches shall be provided with smooth steel cover plates in
the areas shown on the drawings. Trenches shall be formed
r with recessed edges so that cover plates shall be flush with
the floor. Cover plates shall be cut in sections not to
exceed 3''-0" in length. Cut edges of plates shall be ground
smooth and square so that adjacent sections butt tightly
4 together.
All conduits installed under the building slab shall be
stubbed out past the building at least 5'-0" and securely
capped below grade. Locations of stub outs shall be recorded
on the as -built plans or marked in the field with a
permanent monument or stake. Conduits stubbed up under the
high voltage switchgear shall be thinwall type EB, PVC and
shall be flush with the building floor. Conduit stub ups
under the high voltage switchgear must be accurately located
in accordance with the details shown on the drawings. All
conduits shall be securely capped to prevent the entrance of
concrete or debris. Elbows on 5" PVC conduits shall have a
minimum radius of 4'-0". Conduits entering the cable pullbox
shall be terminated in belled end, plastic conduit
terminators cast into the wall of the pullbox. Terminators
shall be equal to those produced by Formex Manufacturing,
Lawrenceville, Ga.
Part III Execution
3.01 LP&L Installed Equipment:
The high voltage switchgear and relay panels shown on
the drawings will be set in place by LP&L after the building
slab and conduit installation is complete and prior to
erection of the building. This equipment will be
weatherproofed and protected by LP&L, however the Contractor
shall cooperate and assist in assuring that the equipment or
it's protective covering is not damaged.
3.02 Construction Site:
LP&L personnel and other contractors will be on the
site constructing and installing other substation equipment
and facilities. The equipment building Contractor shall
coordinate with the Owner's Representative the location of
job shacks, storage trailers,.and lay down areas so not to
interfere with other construction activities. The Contractor
shall be responsible for the protection and security of the
building jobsite and materials.
LP&L will provide and pay for electric construction
service for this project. Light fixtures, lighting and power
wiring will be provided under other phases of this project
and is not a part of this contract. The Contractor for this
project shall provide all temporary lighting, wiring,
outlets, and heaters necessary to construct the facility.
LP&L currently has portable toilets on the substation
site that will be available for use by the Contractor.
Water service is not osbforaand paysite.
for any water
Contractor shall make prvision
that is required for this project.
C-1
SPECIAL CONDITIONS
-44.
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r
April 10, 1992
SUBJECT: LP&L South Substation Equipment Building
Office of
Purchasing
The City of Lubbock, having considered the proposals submitted and
opened on the 26th day of March, 1992, for work to be done and materials
to be furnished in and for:
City of Lubbock Bid # 11862
LP&L SOUTH SUBSTATION EQUIPMENT BUILDING
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 April 9, 1992, at the bid price contained
therein, subject to the execution of and furnishing of 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
ve,/ 4��Zl
Gene ds, C.P.M.
Purchasing Manager
MAP IN FILE
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