HomeMy WebLinkAboutResolution - 1020 - Contract - Submatic Inc - Irrigation System, Mccullough Park - 01/28/19821
RESOLUTION
RESOLUTION NO. 1020 - 1/28/82
Bid #6643
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
between the City of Lubbock and Submatic, Inc. for irrigation system for
McCullough Park, 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 28th day of Fahr»ary , 1982.
ALAN HENRY, MAr PRO TEM
.ATTEST.:
E elyn Gaf ga, Clty'Sedle&r reasurer
APPROVED AS TO CONTENT:
im eston, Director of Community Facilities
APPROVED AS TO FORM:
Assistant City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
RESOLUTION 1020)— 1/28/82
Bid #6643
THIS AGREEMENT, made and entered into this 24 day of March
A.D. 1982, by qnd between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through Bill MCAlIster
authorized to do so, hereinafter referred to as OWNER, and 'Mayor, thereunto
Submatic, Inc.
of the City of Lubbock County of Lubbock
and 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 follows:
Installation of an irrigation system on N.B. McCullough Park, Bid #6643, for the
sum of $61,900.00
and all extra work in connection therewith, under the terms as stated in the
contract documents and at his (or the:X) own proper cost and expense to furnish
all materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance and other accessories and seYviees necessary to complete the said
construction in accordance with the contract documents as defined in the
General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for
mance of the contract in accordance with; the proposal submitted
subject to additions and deductions, is'provided in the contract
in the sum of $ 61,900
n
the perfor-
therefor,
documents
�F4w
IN WITNESS WHEREOF the
parties to'these presents have executed this
agreement in March in theyear and day first above written.
P .
s
ATTEST:
4'City�:Secreta�ry- reasur r
APPROVED SAS TO CONTZNT :
AS TO FORM:
CITY OF LUBBOCK, TEXAS •
7
Mayor
0000
d divL
�►:}
"a Co
TCTr0R
s
Subi
matic , Inc.PdTIPresident
LE.
ATTEST:
S_ec_retary
COMPLETE ADDRESS: Submatic, Inc.
Box 246
Lubbock, TX ?9408
r '
Prepared by:
Parks Department
u
a
ADVERTISEMENT FOR BIDS
(TO BE PUBLISHED IN NEWSPAPER AND NOT INCLUDED IN CONTRACT DOCUMENTS)
O
ADVERTISF.MENT.FOR BIDS
4
Sealed proposals addressed to Floyd P. Nesbitt, Director of.Purchasing,
City of Lubbock, Texas, will be received at the office of the Director of Pur-
chasing, 916 Texas Avenue, Lubbock, Texas, until 2:00 o'clock P_. M.
on the _1S day of ,lAnuary , 19., to furnish
all labor and materials and perform all work for the constructionofthe
following described project: To provide -.and install materials as per specifi
' cations for irrigation system on McCullough Park
After the expiration of the time and date above first written said sealed
proposals will be opened by the Director of Purchasing at his office and
publicly read aloud.
The plans, specifications, proposal forms and contract documents may be
examined at the office of the Director of Purchasing for the City of Lubbock,
Texas.
The above described project will be paid for in part or in whole from the
General Revenue Sharing program and the contract for this project must comply
with the provisions of the Davis -Bacon Act which requires the payment of
federal minimum wages.
ti
CITY OF LUBBOCK
BY:
Floyd P. Nesbitt,
Director of Purchasing
0
NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals addressed to Floyd P. Nesbitt, Director of Purchasing, City
of Lubbock, Texas, will be received at the office of the Director of Purchasing,
916 Texas Avenue, Lubbock, Texas, until 2:00 o'clock p.m. on the 18
day of January 19 82, to furnish all labor and materials.and
perform all work.for the construction of the following described project:
To provide and install materials as per specifications for irrigation, on
McCullough Park.
After the expiration of the time and date above first written said sealed pro-
posals will be opened by the Director of Purchasing 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 Floyd P. Nesbitt, Director of Purchasing for the City of
Lubbock., prior to -the expiration of the date above first written.
The City Council will consider the bids on the 28 day of January ,
1982 , at City Hall Lubbock, Texas, or as soon thereafter as may be reasdnably
convenient, subject to the right to reject any or all bids and waive any for-
malities. -
or -malities.- The successful bidder will be required.to furnish a performance
bond and payment bond in accordance with Article 5160, Vernon's Ann.Civ.St.,
in the amount of 100% of the total contract price in the event that -.said
contract price exceeds $25,000.00. If the contract price does not exceed
$25,000.00 the said statutory bonds will not be required.
Bidders are 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 ex-
amined at the office of the Director of Purchasing for the City of Lubbock,
Texas.
The above described project will be paid for in part or in whole from the
General Revenue Sharing program and the contract for this project must comply
with the provisions of the Davis -Bacon Act which requires the payment of
federal minimum wages.
City of Lubbock
BY:
Floyd P. Nesbitt,
Director of Purchasing
•i i!Z:I: - +.r9:AtX SQL .•ii
I,
INDEX
1.
NOTICE TO BIDDERS
2.
GENERAL INSTRUCTIONS TO BIDDERS
3.
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
k.
BID PROPOSAL - BID FOR UNIT PRICE
5.
PAYMENT BOND
6.
PERFORMANCE BOND
7.
CERTIFICATE OF INSURANCE
8.
CONTRACT
9.
GENERAL CONDITIONS OF THE AGREEMENT
10.
SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS)
•
11.
SPECIAL CONDITIONS (TO BE PROVIDED BY ENGINEERS)
.:
12.
NOTICE'OF ACCEPTANCE
13.
ADVERTISEMENT FOR BIDS (TO BE PUBLISHED IN NEWSPAPER AND NOT
INCLUDED IN CONTRACT DOCUMENTS) '
I,
C
GENERAL INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
SCOPE OF WORK
The work to be done under the contract documents shall consist of the
following: Installation of irrigation system on N. B. McCullough Park.
The contractor shall furnish all labor, superintendence, machinery,
equipment and all materials necessary to complete this project in accor-
dance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with con-
tract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set
forth on the contract documents for the construction of this project and
shall be responsible for the satisfactory completion of all work contemplated
by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest
in submitting a bid on the project covered by the contract documents be
given a reasonable opportunity to examine the documents and prepare a bid
without charge or forfeiture of deposit. Tire contract documents, may be
examined without charge as noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed
within 90 calendar days from the date specified in the Notice to Proceed
issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of
his own choosing, provided however, the City reserves the right to require
the Contractor to submit a progress schedule of the work contemplated by
the contract documents. In the event the City requires a progress schedule
to be submitted and it is determined by the City that the progress of the
work is not in accordance with the progress schedule so submitted, the
City may direct the Contractor to take such action as the City deems
necessary to insure completion of the project within the time specified.
S. PAYMENT
All payments due to Contractor shall be made in accordance with the
provisions of the General Conditions of the contract documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this
project to require the Contractor to execute an affidavit that all bills
for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in
full and that there are no claims pending, of which the Contractor has
been notified.
7: MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and work-
manship of the best quality and grade will be furnished. The fact that
the specifications may fail to be sufficiently complete in some detail
will not relieve the Contractor of full responsibility for providing
materials of high quality and for protecting them adequately until incor-
porated into the project. The presence or absence of a representative of
the City on the construction site will not relieve the Contractor of full
responsibility of complying with this provision. The specifications for
materials and methods set forth in the contract documents provide minimum
standards of quality which the Owner believes necessary to procure a
satisfactory project.
B. GUARANTEES
All -equipment and materials incorporated•in the project and all construc-
tion shall be guaranteed against defective materials and workmanship.
Prior to final acceptance, the Contractor shall furnish to the Owner, a
written general guaranteewhich shall provide that the Contractor shall
remedy any defects in the work, and.pay for any and all damages of any
nature whatsoever resulting to 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 1 sets of drawings, specifications,
and related contract documents for his use during construction. Plans
and specifications for use during construction will only be furnished
directly to the Contractor. The Contractor shall then distribute copies
of plans and specifications to suppliers, subcontractors, or others, as
required for proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conser-
vation, and protection of all materials, supplies, machinery, equipment,
tools, apparatus, accessories, facilities, and all means of construction,
and any and all parts of the work, whether the Contractor has been paid,
partially paid, or not paid for such work, until the date the City issues
its certificate of completion to Contractor. The City reserves the
right, after the bids have been opened and before the contract has been
awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a
similar nature to the one covered by the proposed contract and all
work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
i
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption
provisions pursuant to provisions of Article 20.04 of the Texas Limited
Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit
which shall enable him to buy the materials to be incorporated into the
work without paying the tax at the time of purchase.
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work con-
templated by the contract documents in such a way as to exercise due care
to locate and prevent damage to all underground pipelines, utility lines,
conduits or other underground structures which might or could be damaged
by Contractor during the construction of the project contemplated by
these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities
of which it has knowledge. However, such fact shall not relieve the
Contractor of his responsibilities aforementioned. All such underground
lines or structures cut or damaged by Contractor during the prosecution
of the work contemplated by this contract shall be repaired immediately
by Contractor to the satisfaction of the City of Lubbock, Texas, at
Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The Contractor shall, at his own expense, furnish and erect such barri-
cades, fences, lights, and danger signals, and shall take such other
precautionary measures for the protection of persons, property and the
work as may be necessary.
The Contractor will be held responsible for all damage to the work due to
failure of barricades, signs, and lights to protect it, and when damage
is incurred, the damaged portion shall be immediately removed and replaced
by Contractor at his own cost and expense. The Contractor's responsibility
for maintenance of barricades, signs, and lights shall not cease until
the date of issuance to Contractor of City's certificate of acceptance of
the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to
do so is obtained by the Contractor from the City. In all cases where
.� written permission is obtained for the use of explosives, the Contractor
shall assume full responsibility for all damage which may occur as a
direct or indirect result of the blasting. In addition in all cases
• where explosives are authorized to be used, the Contractor shall use
a
A
utmost care so as not to endanger life or property and the Contractor
shall further use only such methods as are currently utilized by
persons, firms, or corporations engaged in similar type of construction
activity.
Explosive materials shall not be -stored or kept at the aonatruct4a ► a.tFa
by the Contractor.
In all cases where explosives are to be used during the construction of
the project contemplated by this contract, it shall be the duty of the
Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's
intention to use explosives, and. such notice shall be given sufficiently
in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. $uch notice however,
shall not relieve the Contractor of responsibility for any damage resulting
from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local
representative available at all times while the work is in progress under
this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be
reached during the time that the work contemplated by this contract is in
progress.
lb. INSURANCE
The Contractor shall not commence work under this contract until he has
obtained all insurance as required in the General Conditions of the con—
tract documents, from an underwriter authorized to do business in the
State of Texas and satisfactory to the City. Proof of coverage shall be
furnished to the City and written notice of cancellation or any material
change will be provided ten (10) days in advance of cancellation or
change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional
insured and shall further state that all subcontractors are named as
additional insureds, or in the alternative shall be accompanied by a
statement from the Contractor to the effect that no work on this particular
project shall be subcontracted.
17. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes
in the stated bid price due to increases or decreases in the cost of
materials, labor or other items required for the project will be rejected
and returned to the bidder without being considered.
18. PREPARATION OR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All
blank spaces in the form shall be correctly filled in and the bidder
shall state the price both in words and numerals, for which he proposes
to do the work contemplated or furnish the materials required. Such
prices shall be written in ink, distinctly and legibly, or typewritten.
In case of discrepancy between the price written in words and the price
written in figures, the price written in words shall govern. If the
proposal is submitted by an individual, his name must be signed by him or
his duly authorized agent. If a.proposal is submitted by a firm, associa-
tion, or partnership, the name and address of each member must be given
and the proposal signed by a member of the firm, association or partnership,
or person duly authorized. If the proposal is submitted by a company or
corporation, the company or corporate name and business address must be
given, and the proposal signed by an official or duly authorized agent.
Powers of attorney authorizing agents or others to sign proposals must be
properly certified and must be in writing and submitted with the proposal.
The proposal shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as speci-
fied 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.
19. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder
shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection
in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically
bound, they are to be considered incorporated by reference into the
aforementioned contract documents.
0
BID PROPOSAL — BID FOR UNIT PRICE
a
a
0
BID PROPOSAL — BID FOR UNIT PRICE
f
Item
Number
MATERIALS LIST
BASE BIQ
Item Unit and Unit Price
Fill in Both Script and Numbers
Total
Amount
'1.
1/2 inch approved PVC Class 315 solvent
$
•
weld installed complete in place furnished
including fittings, per lineal foot.
DOLLARS
CENTS
2.
3/4 in approved PVC Class 200 solvent
$
weld installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS
3.
1 inch approved PVC Class 160 solvent
$
weld installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS
4..
1 1/4 inch approved PVC Class 160 solvent
$
weld instali.ed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS
5.
1 1/2 inch approved PVC Class 160 solvent
$
weld installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS
t
V.
CENTS
Item
Item Unit and Unit price
Total
Number
Fill in Both Script and Numbers
Amount
6.
2 inch approved PVC Class 160 solvent
$
weld installed complete in place, furnished
including fittings,. per lineal foot.
DOLLARS
CENTS
7.
2 1/2 inch approved PVC Class 160 solvent
$
weld installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS
8.
3 inch approved PVC Class 160 solvent
$
weld installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS
`. 9.
4 inch approved PVC Class 160 solvent
$
.
weld installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS.
10.
6 inch approved PVC Class 160 solvent weld
$
installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
$
CENTS
11.
8 inch approved PVC Class 160 solvent weld
$
installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
t
V.
CENTS
MATERIALS LIST
ALTERNATE BID
Item Item Unit and Unit Price ' Total
Number Fill in Both Script and Numbers Amount
1 • 1/2 inch approved PVC Class 315 solvent
r $
-weld installed complete in place furnished
including fittings, per lineal foot.
2.
3.
4.
5.
W
DOLLARS
CENTS
3/4 in approved PVC Class 200 solvent $
weld installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS
1 inch approved PVC Class 160 solvent $
weld installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS
1 1/4 inch approved PVC Class 160 solvent $
weld installed complete in place, furnished
including'fittings, per lineal foot.
DOLLARS
_ CENTS
1 1/2 inch approved PVC Class 160 solvent
weld installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS
Item
- Number
Item Unit and Unit Price
Fill in -Both Script and Numbers
Total
Amount
6.
2 inch approved PVC Class 160 solvent
$
•
weld installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS
7.
2 112 inch approved PVC Class 160 solvent
$
weld installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS
3.
3 inch approved PVC Class 160 solvent
$
weld installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS
9.
4 inch approved PV.0 Class 160 solvent
$
'
weld installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS
10.
6 inch approved PVC Class 160 solvent weld
$
installed complete in place, furnished .
including fittings, per lineal foot.
DOLLARS
$
CENTS
11.
8 inch approved PVC Class 160 solvent weld
$
installed complete in place, furnished
including fittings, per lineal foot.
DOLLARS
CENTS
S.
Item Item Unit and Unit Price Total
Number Fill in Both Script and Numbers Amount
- 12 Jenkins Fig. 326 6", 125 psi Gate Valve or an
approved equal, furnished, installed and in place
DOLLARS
CENTS
13 Cla-Val #60G-O1.Pump Control Valve, 6" or an approved
equal furnished, installed (include all wiring to
,disconnect) and in place.
DOLLARS
CENTS
14 Febco #805 Double Check Valve Assembly, 6" or an $
approved equal, furnished, installed (include vault
with lid) and in place.
DOLLARS
CENTS
15 Weather -Matic RK 90 Full Circle Impact Rotary
Drive Pop -Up or an approved equal, furnished,
installed and in place.
DOLLARS
CENTS
16 Weather -Matic RK 90 Part Circle Impact Rotary
Drive Pop -Up or an approved equal, furnished,
installed and in place.
DOLLARS
CENTS
17 Toro 640 Checkomatic, 5/16 nozzle Gear Drive Rotary
Pop -Up or an approved equal, furnished, installed and
in place.
DOLLARS
CENTS
13 Weather -Matic *No.33 Pop -Up Spray or an approved
equal, furnished, installed and in place.
DOLLARS
CENTS
t
DOLLARS
CENTS
17 Weather -Matic No.33 Pop -Up Spray or an approved
equal, furnished, installed and in place.
DOLLARS
CENTS
18 Weather -Matic 8000 series, 3", Electric Valves
or an approved equal, furnished, installed and
in place.
DOLLARS
CENTS
AMA.
Item
Item Unit an -d Unit Price
Total
Number
Fill in Both Script and Numbers'
Amount
12
Jenkins Fig. 326 611, 411, 3", 125 psi Gate Balve or an
$
approved equal , furnished, installed and in place
.
DOLLARS
CENTS
' 13
Febco #805 Double Check Valve Assembly, 6" or an
approved equal, furnished, installed (include vault
with lid) and in place.
DOLLARS
CENTS
14
Weather -Matic RK 90 Full Circle Impact Rotary
$
Drive Pop -Up or an approved equal, furnished,
installed and in place.
DOLLARS
CENTS
15
Weather -Matic RK 90 Part Circle Impact Rotary
$
Drive Pop -Up or an approved equal, furnished,
installed and' in place.
DOLLARS
'
CENTS
16
Toro 640 Checkomati c, 3/16 nozzle Gear Drive Rotary
$
Pop -Up or an approved equal, furnished, installed and
in place.
DOLLARS
CENTS
17 Weather -Matic No.33 Pop -Up Spray or an approved
equal, furnished, installed and in place.
DOLLARS
CENTS
18 Weather -Matic 8000 series, 3", Electric Valves
or an approved equal, furnished, installed and
in place.
DOLLARS
CENTS
Item
Item'Unit and Unit Price
Total
Number
Fill in Both' Scri pt and Numbers
Amount
19
Weather -Matic 8000 series, 3", Electric Valves
$
or an approved equal, furnished, installed and
in place
DOLLARS
CENTS
` 20
Weather-matic SSR10 Controller or an approved equal,
furnished, installed and in place.
DOLLARS
CENTS
21.
Dayton 24 -Hour Control #2E213 or an approved equal,
$
furnished, installed and in place.
DOLLARS
CENTS
22
Concrete Thrust Blcok with three #3 rebars per unit
$
'
installed and in place.
DOLLARS
CENTS
23
Pea Gravel (two cubic feet installed and in place
$
_
with all impact rotary heads) unit price.
DOLLARS
CENTS
24
Champion #QCV-101, 1" Quick Coupling Valve or an
$
approved equal, furnished, installed and in place.
DOLLARS
CENTS
25
#14 OF Direct Burial Wire furnished, installed and in
$
place, per 100 feet.
DOLLARS
CENTS
26
Manifold Vault Construction: 3" poured concrete
$
walls (w/6 X 6 10/10), sectional metal lid, PVC
teed manifold, sleeves for piping and wire and 4"
'
gravel sump
i
Item Item Unit and Unit Price Total
Number Fill in Both Script and Numbers Amount
27 Valve boxes for automatic valves to be DFW $
Plastics #B-1324 or an approved equal.
DOLLARS
CENTS
28 Valve boxes for gate valves to be DWF $
Plastics, 10", or an approved equal.
DOLLARS
CENTS
29 Pump stations: install pump,control valve,
check valve, gate valves, control panel
and by-pass piping.
Jennings A - Booster pump Model
400 as manufactured by Carroll Childers
• Company or an approved equal.
DOLLARS
CENTS
Jennings B - Booster pump Model
300 as manufactured by Carroll Childers
Company or an approved equal.
DOLLARS
CENTS
McCullough A - Booster pump Model
300 an manufactured by Carroll Childers
Company or an approved equal.
DOLLARS
CENTS
McCullough B - Booster pump Model
300 an manufactured by Carroll Childers
Company or an approved' equal.
i CENTS
Y
M
t
Item
Number
Item Unit and Unit Price
Fill in Both Script and Numbers
Total
Amount
19
Weather -Matic SSMA20 Controller or an approved equal,
$
Furnished, installed and in place.
-
DOLLARS
CENTS
20
Weather -Matic SSMA30 Controller or an approved equal,
$
furnished, installed and in place.
DOLLARS
CENTS
21-
Concrete Thrust Block with three #3 rebars per unit
$
installed and in place.
DOLLARS
CENTS
22
Pea Gravel (two cubic feet installed and in place
$
with all impact rotary heads) unit price.
-
DOLLARS
•
CENTS
23
Champion #QCV-101, 1" Quick Coupling Valve or an
$
approved equal, furnished, installed and in place.
DOLLARS
CENTS
24
#14 OF Direct Burial Wire furnished, installed and in
$
place, per 100 feet.
DOLLARS
CENTS
25
#12 OF Direct Burial Wire furnished, installed
$
and in place, per 100 feet.
DOLLARS
CENTS
t
Item Item Unit and Unit Price Total
Number Fill in Both Script and Lumbers Amount
26 Valve boxes for automatic valves to be DFW $
Plastics #B-1234 or an approved equal
DOLLARS
CENTS
27 Valve boxes for gate valves to be DFW
Plastics, 10", or an approved equal
DOLLARS
CENTS
28 Pump Stations:.install pump, control valve,
check valve, gate valve, control panel and
by-pass piping.
Jennings - Booster pump Model 250 as $
manufactured by Carroll Childers or an
approved equal.
DOLLARS
CENTS
McCullough - Booster pump Model 250 as $
manufactured by Carroll Childers or an
approved equal.
DOLLARS
CENTS
c
PAYMENT BOND
i
S i ULOZy ?Av')S'\7 g0.'1D PURSUAn TO ARTICLE 5160
• CJ?'TFL REVISED CIVYI. ST
ATUrz- S OF Ti�,AS
AS E, LNDED BY.
ACTS 0. TEZ 56TH IECI_SLATURE, BECUIAR SESSION,
1959
1?10G+' E LL l—EN B Y T!r---SE PRE SE h'rS , that
Subma is Inc.
=:si:,a.ter called the Principel as Principal (s)
and
St. Paul Fire and Marine Insurance Company
ere.rzf.er ca led t:,eS-uetas
r (5). Surety '(s) , are held and i-miy bond
=o the City o:•Lub--ock (hereinafter called the Obib
_
----�.�_.._..-.__.-_.—_.----------- -- '"e) , in the 2eso
--- Sixty-one Thousand, Nine Hundred and no/100---------------------------
Douars
s 61,900.00
2ev.u1 coney o= the United States for the pa)-aent
":ec-, the said F:--:ac-;pal and Surety bind che.mselves a
executors Successorsand the:, heirs,
and assigns, jointly and severally,
�y these presents.
I
Principal ;e;,te ea inzo
:.e Obligee, dated the 24th ea )• of Marcha certain written$ ontrtct Lith
19____- , t o -
Installation of an irrigation system on N. B. Mr-Cullough Park, Lubbock, Texas
•�-�=� p:i.ncipal ,wader the lav
i4 required before commencing the work provided
• ' sz=d contract to execute a bond in the a=ounc of said
ct w
n::zc: is hereby referred.to and -sande a part hereof as fullyoandato thic same
:Ent as if copied at length herein.
TRE ColmITIOy 0? THIS OBLIGATION
IS SUCH.
•=d ?r'incipal- she11 pay e11 claicancs' su 1' is labor end r..zte a that if the
b -co -.tractor i:, . t_he' prosecution• of the work • g { i 1 to him or a
-s obligation shell be void; • others:ise•totremzinrinnfullsaidforceraod�
• effect;
C" WE D .Baj=-%�z-, th.=t this -bond is executed
5160 of .'Che Revised Civil Statutes of Pr-nt to the provisions
• Texas ass aa:-ended by Acts of the
4 9 C.
55th Legislature, Regular Sess on, 1959, and a11 -liabilities on this bond .shall..
be determined in accordanch Wi h the Provisions of said Article to the same
extent as if it were copied at length herein.•
I1: WITMESS WHEREOF, the said Principal (s) and Surety (s) hive sig-�ed -
and sealed this instru:.ient this 24th day of March
. 19 82
5t. Paul'Fire & Marine Insurance Co. Submatic, Inc.
z Surety Principal
}
M
4
'� By '
President (j_zle)
Ate6rney-in-Fact ('-tjej
BY
(Title)
By:
(Title)
?he unde:s:fined surety coapany represents that it is aul qualified
do business in Texas, and hereby designates The Shropshire Agency, to
an agent resident in Lubbock County to
L`o an;• reeuisice no may be delivered and on whom service of process may
be had in matters a-i_irg out'of such suretyship.
St.;Paul Fire Marine Insurance Company
Sure cy
*By:
/-.-.)proved as to form:
City of Lubbock
B` , e
City Attorney
*;tote: If signed by an o_`ficer of the Surety Company there must be on file a
dertified extract from the by-laws showing that this person has authority to sign
such obligation. If signed by :an Attorney in Fact, we must have copy of poorer of
attorney for our: files.
Payment Bond - Page 2
PERFORMANCE BOND
t "I
kx ' STA=O:.Y Pr...ae'C2K�N BO1D i'Gi2S13AA 0 ARXI= 5160
F—E9?SED CIVIL S2AT=S OF T-_rXkS AS
A?Lh'D-'.D BY
AC -''S OF TRIE 561H LEGISLATURE. REGULIR SESSION 1959
}OiCiJ /LLL I, -7N .BY ?LSE PRESENTS, that Submatic Inc.
---------------
(EereinaIter called the Principal (s), as Principal (s), and
St arine Insurance Company
-------------
(he=eiazfte: called the Su=etv(s) , as Surety (s) are held and fiery boLnd unto
the City of Lubbock (hereinafter' called the oSl±gee) , ir tae aao--,ant o_' --Sixty-
one Thousand, Nine Hundred an d no/ 100-----=---------------------_---------
- Dollars
(_S 61,900.00 F
).._3a� F .
_u.l_aoney o.. the United States ' f0�' the pa}`mgat- z7he=cof
the said P=:r_cipal and Surety bind themselves, and the he=rs, a.�:;1istra
mstors,
' executors, successors and assigns, Jointly and severally, firr..ly by these presca;
�►''r'- 3r..+' S, the . Principal has entered into a certain written contract with
the Obligee, dated the 24th day of March 19 82
jo
to
Installation of an irrigation system on N. B. McCullough Park, Lubbock, Texas
i' ------------
i
I
and said p:incilal under the lav is required before combing the work
for in said con -Er -act to execute a bond in the amount of said contract which
-co..t=act is herby referred to and made a part hereof as fully and -to the sane
extent as if copied at length herein.
ham; THEREFORE; TEE CONDMON OF TRIS OBLIGAiI021 IS`SIICE, that if the
said Principal shall faithfully perform the work in accordance w1th the plans,
specifications and contract' documents, then this obligation shall be void;
otherwise to rizsa+n in full fo_ce and effect.
PRO'JTD D, HOc.EV---R, that this bond is executed pursuant to the provisions
t
f ^Ae S�E�,�O c; 'the Re.•ised Civil S�•at:utes.o. ,exas as emended b A
a - cts
g-s.a=u:e, regular session 1959; and all 'litbil�cies ont:iis
te-le sha:l be dtter=:ntd in accordance vith•the provisions Of said article
co the same er.tent as if it %.•ere copied at length herein,
r, the said ?rihcipal(s) and Surety(s) have signed
2nd .scaled this instrument this 24th day of March
— 19 82
St. Paul Fire E Marine lnsuranceCompany
Surety
VB. I By:
•Att rney-in-Fact ej
The un: ersigned surety co=oany represents that it is duly eue
5o business .in.._.... ) .i€ied to
an�C'hereb Shropshire Agency;-inc.
------ an agent resident in Lubbock Coun zy to ho= ani,
:eczi:ite net:ccs a� be dtl:verac and on c�hor; service o: process may be
:Z::ers a;is:n our cr such had in
€ suretyshir.
St_ Paul Fire and Marino insurance Company
Surety.
^Bv
r �'torney-in Fact (Title) _
j
pproved as to 1 -Form
City: of :`Lubbock
Ci:y Attorney
*Noce I siSned by ar. officer of the Surety Company there must be on file a
cartifiede�ctract fro= the try-la�:s. sno�:ing that this person has authority; to
sign-sucn obligation. IA. signed by -an Actor
ney in Fact, we must have copy of
power o:-.i..o:ne%' for our tiles.
Per_or-.ance Bond.- Page 2
C
a fir'. A
CERTIFICATE OF INSURANCE
i
IM
:o
ic��''�f `�
MIM
o.
"0 ADDRESS Of A(•,EWV
The Shropshire Agency, Inc.
P. 0. Box 10428
Lubbock, Texas 79408
806-763-7311
NAM[ AND ADDRESS OF INSURED
Submatic, Inc.
P. 0. Box246
Lubbock, Texas 79408
I
COMPANIES AFFORDING COVERAGES
COMPANY
LETTER A Aetna Casualty & Surety Company
EE TT
COMPANYER B
COMPANY (�
LETTER
V
COMPANY
D
LETTER
COMPANY
above and are in
Limits of Lfabillt
LETTER
I i his is to certify that policies of insurance listed below have. been issued to the insured
named
above and are in
Limits of Lfabillt
force at this time.
iZ? n s
.'�.�s•r.NY
i?'it11
IYPEOFINSURANCE -
POLICY NUMBER
-
EXPIRATION DATE
DATE
,housan
[At,H AGGREGATI
OCcuPRENr.E
GENERAL LIABILITY
A COMPREHENSIVE FORM
AL491295
10-1-82
BODILY INJURY
S 300 $ 300
r F?.FMI`•ES-C'P(R4TIONS
V
IAPLO'40N ANI) COLLAPSE
HAlAR(1
1'ROPERIYDAMAGE
3
50 3 100
1
®
UNDERGROUND HAZARD
PRODUC TS"CoMPt rT E D
'-
j�7� OPLRATI()NS HAZARD
L^�I
CONIRACTUAL INSURANCE
('l
L__.BROAD FORM PROPERTY
BODILY INJURY AND
PROPERTYDAMAGE
$ S
t DAMAGE
COMBINED
INDEPfNDFNT CONTRACTORS
II(��
L_) PERSONAL INJURY
-----
PfkSGNA1 011URi
_-- _
UODILY
i
AUTOMOBILE LIABILITY
--
A ON COMPRI UI NSIVf FORM
AL491295
10-1-82
INJUkY 1 QQ
'rn("PERSON) S
( ii CxJ OwtLED
Eiou?LYINJURY s 300
(EACH ACCIDENI)
�LiSJ HIRI 0
PRDPERI'Y DAMAC.F t
IN NON 04NI II
.�O♦
li(LI IH Y LN IIB -_-- �•
�
{ J Y ANTI
PROVE. FIT Y DAMAGE }
10 UFASRL11A FORM BODILY INJURY AND
lI� PROPERIV UAMAGI. t S iI:I+FBIHA:vUMRREEIA
COPY COt.13:t+F.0
r (WORKERS' COMPENSATION --
Aand 60C256o84 10-1-$2 sTArul+xry �f t
ti i' 1 t►3.
V�— EMPLOYERS' LIABILITY -• T
OTHER ? __100 IM N4. U!da
14:-7iiN' "
F a E• . e:P1-ION Or OPERAI IONS.tOCATIONSNEHICLES f CCI g•�l
Plastic Pipe Sales
Re: -__N B." McCul lough Park
L..ncellation: Should any of the above described policies be cancelled before the expiration date thereof, the asuing com-
pany will endeavor to mail 10 days written notice to the below named certificate holder. but failure to
rnail such notice shall impose no obligation or liability of any kind upon tlTe company.
MATE ISSUED:_ _ Apr 1 1 20, 1982
THE SHROPSHIRE AGE-NCY, INC.
`1 AUIHO IED REP SfNiAl1V
NAME AND ADDRESS OF CERTIFICATE HOLDER:
City of Lubbock, Texas
Lubbock, Texas
(24, Wf ^ ixV izry Y.. 1':7 -ate +rt g t
.4'sr c+3'e .,Zravr.a.r,.:..u, ...-...G...-_. "..
sac Kma uasuiiy ano burtlry uompz
These DECLARATIONS and the Hartford, Connecticut 061
designated Insurance` part' and
UFE&CASUALTY Endorsements, with the jacket
Provisions, complete this
OWNERS' AND CONTRACTORS' PROTECTIVE POLICY NUMBER
NAMES
'LIABILITY POLICY For PC 85323
INSUREDP City of Lubbock, Texas 2. POLICY PERIOD
From 3-24-82 to 3-24-83 12:01 A
Lubbock, Texas Standard Time at the address of the named insured
stated herein.
AUDIT PERIOD
(Show Number and Street or RFD, city, county, state and zip Code) Annual, unless otherwise stated:
THE NAMED INSURED ISO Individual 0 Partnership [] Corporation BUSINESS OF NAMED INSURED
❑ Joint Venture Z] Other: C i t
Cit
3. The insurance afforded is only with respect ,to such of the following Coverages as areindicated by specific premiu
charge or charges. The limit of the Company's liability against each such Coverage shat! be as stated herein, su
ject to all the terms of this policy having reference thereto.
PART COVERAGES LIMITS OF LIABILITY PREMIUM BASES RATES ADVANCE
Each Occurrence I Aggregate (1) Total Cost (1) Per $100 of Cost PREMIUM
COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR (2) Area (2) Per 100 sq. feet
OCR Bodily Injury Liability $ 500 .000 (1) 0.00 (1) .047
1 ,90 ; .
(2) (2)
Property Damage Liability $ 100 .000 $ 100.000 (2) 61 ,900.00 (1) .021
$ 28.00
ENDORSEMENTS MADE PART OF THE POLICY (designated by Endorsement number)
3
-Description of Hazards Class P 1 Year Policy Total Advance Premium b. S 6 , 00
Construct ion Operat i ons - Owner 16292 M Deposit Premium mo,S
N 3 Year Prepaid Total Advance Premium ► y
T 3 Year Policy Installments
M
E
T Total Advance Premium ► $
H
0 1st Anniversary ► $
D •
2nd Anniversary ► $
4.
DESIGNATION OF CONTRACTOR (AND CONTRACTOR'S MAILING ADDRESS)
Submatic Inc. P. 0. Box 246" Lubbock Texas 7q408
LOCATION OF COVERED OPERATIONS
N. B. McCullough Park, Lubbock, Texas
ENTER 9 IF THE FOLLOWING PROVISION IS APPLICABLE:
[� The person or organization designated above as the Contractor has undertaken to pay the premium for this policy. and shal
be entitled to receive any return premiums which may become payable under the terms of this policy.
5. During the past three years no insurer has cancelled insurance, issued to the named insured, similar to that afforded hereunder, un
less otherwise stated herein:
DESCRIPTION OF TERMS USED AS PREMIUM BASES:
When used as a premium basis:
"Cost" means the total cost to the named insured for work performed for the named insured during the policy period by or on behalf of the
designated contractor in connection with the project at each location of covered• operations, including the cost of all labor, materials and
equipment furnished, used or delivered for use in the execution of such work, whether finished by the owner, named insured, designated
contractor or a subcontractor, and including all fees, allowances, bonuses or commissions made, paid or due.
THE SHR SHIRE AGENCY, INC.
C-5019)1.73 Countersigned by
__ CAT A7AAFl e.:.._. :_ ...
ST. PAUL FIRE AND MARINE INSURANCE
COMPANY CERTIFICATE UI
u� 385 Washington Street, St. Paul, Minnesota 55102 AUTHORITY NO
.
Lab*
GENERAL POWER OF ATTORNEY - CERTIFIED COPY 271075
li (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 laws of the Staf
rf Minnesota, and having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint:
•Johan V `• Shropshire 'John V. Shropshire, Jr. t Virginia Smith,
individually, Lubbock Texas
:� � , a ',,4 a' fit`,;.' s 1, ,, .. :. ..' .'+:..: ';. `? ;�• ,t a� ',
.is true and lawful attorncy(s)-in-fact to execute, seal and deliver for and on Ifs behalf as surety, any and all bonds and undertakings, recognizandes, contracts a
.ndemnity and other writings obligatory in the nature thereof, which are or muy be allowed, required or permitted by law, statute. rule, regulation, contract`o
)therwise.
NOT TO':E7CCEID IN POULTYrTHE SUM OF FIFTY MMMON ($509000:000) EACH
t•,,
•t1t: •!i1t:. •i Citi'•,, '. 1. +; fr'1Ef,t�'�F ,'t °.
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 full;
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.
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 -Law
adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January.' 197(
of which the following is a true transcript of said Section 6(C):
"The President or any Vice President, Assistant Vice Preiident, Secretary or Resident Secretary 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, bond
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and
(2)To appoint special Attorneys4n-fact,:who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of thi
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 dul
called and held on the 6th day of May, 1959, of which the following is a true exerpt:
"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 relatin
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seat shall be valid and binding upon A
Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in th
future with respect to any bond or undertaking to which it is attached."
dJ t 6, IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporal
��
seal to be affixed by its authorized officer, this 2nd day of January, A.D. 1980.
ST. PAUL FIRE AND MARINE INSURANCE COMPAN
z*� STATE OF MINNESOTA j
it ti O County of Ramsey
i( ss
y�4�yJV Ut m ua G l +; 1 Vice Presider
On this ;':' 28th day of A t ,19 81 , before me came the individual who executed the preceding instrument, to a
personally known, and, being by me duly sworn, sa—id that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Cornea is
that the'seal'affrxed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order.i
the. Board of Directors of said Company.'
lAt
�
IN TESTIMONY WHEREOF, 1 have hereunto y set my'hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the da
and J ear first above written.
V.C. INNES, Notary Public, Ramsey County, M.
t} tpytiS'( My Commission Expires April 27,198
CERTIFICATION
I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorne
and affidavit, and the'copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE 1N TH
HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power c
Attorney has not been revoked and is now in full force and effect.
} ..,
•' .� IN. TESTIMONY WHEREOF, I have hereunto set my hand this �• ,
24th day of March 19 S2
`ORANGE �` Secretor
Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbo
copies or other reproductions of this documept are invalid and not binding upon the Company.
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
For verification of the authenticity of this Power of Attorney, you may telephone toll free 800-328-9821 and ask for the Power of Attorney Clerk. Please refs
to the above Certificate of Authority No. and the above named individual(s).",
CONTRACT
0
s
�7,_
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS'AGREEMENT0 made and
A.D. 1982, by and between the
Texas, acting by and through.
a th i d
t i
CONTRACT!
�1.
f+
r
•� I +'t i
t �
r4
SOLUT�021 l
,RE
#6644
entered into this 24 day of March
City of L.. U. . C-ounty of Lubbock, State of
'j 11 McA1 Js_t6r, Mayor, thereunto
u or ze to do so, hereinafter referred to as OWNER, and
Submatic,..Inc.
of the City of Lubbock ''''Lubbock
County of r
and State of Texas here nafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of thes
p yments and agreements
hereinafter mentioned, to be made and performed by the''OWNER and under the
conditions expressed in the bond bearing lvdfi date herewith (if any) -the CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of
certain improvements described as follows:`
Installation of an irrigation system on N,6.�McCullough Park, Bid'#6643,
for the sum of $61,900.00
and all extra work in connection therewiO, under the terms a's stated in the r
contract documents and -at his (or theft) own proper cost and expense
all materials, supplies, machinery, equipment, tools, superintndence, labor,
insurance and other accessories and setvices necessary to complete the said
construction in accordance with the contract documents as defined in the
General Condition of Agreement.
,1
The CONTRACTOR hereby agrees to con^
date written notice to do so shall have.
complete same within the time specifiea4
The OWNER agrees to pay the =
mance of the contract in accordance
subject to additions and deductions,
in the sum of $_ 61,900
,e work within ten days after the
�Igiven to him and to substantially
he contract documents. '
in current funds for the perfor-
proposal submitted therefor,
�.ded in the!*contract documents
s ff _
t.
IN WITNESS -WHEREOF, the parties to: a e resent have
agreement is March la p sexecuted this
iu•+tbq�year and day first above written.
*s�
` •t : .,� * CTTY OF LUBBOCR9 TEXAS
ATTEST:
City Secretary- reasuref
!
p.FPRO S TO CO NT:
dfXROVED AS TO -FORM:
DYv_ rtIP,ff
CONTRACTOR Submatic• Inc.
'xTIT E:
President '
ATTEST:*I`
tIOMFLET
Secretary
4'
a, u E
ADDRESS : ' Submatic • Inc.
ti
=h'
Box 246
Lubbock,
- �;►Z41rJ•
TX ?9408
Insurance ' .» . «..., J uYaIVJV
A Capital Stock Compare
BID BOND.
Approved by The American Institute of Architects,
A.1. A. Document A 310 Feb. 1970 Edition
KNOW ALL MEN BY THESE PRESENTS, that we Submetic, Inc., Lubbock, Texas
I
nd the
as Principal, hereinafter called the Principal,
ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Minnesota as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Lubbock, Texas
as Obligee, hereinafter called the Obligee,
in the sum of Five Percent of Bid Price • Dollars
($ 5%), for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severaIly, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Installation of i" r i o a t i on system on
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in
the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for
the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not
to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may
in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and
void, otherwise to remain in full force and effect.
Signed and sealed this 1 Rth day of .Ianitary A. D. 19 82
)(Witness) . Attest:
Assistant Secretary
(Witness)
St. Paul Fire and Marine Insasance Company (Seal)
(stunt)
93250 Rev. 5.79 Printed in U.S.A. Printed with permission of 77te American Institute of Architects
1
KNOW ALL SEEN BY THESE PRESENTS: That St. Paul Fire and Marine insutance Company, a corporation or 707777. `77,1
of Minnesota, and having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appo"gaaised and
John V. Shropshire, John V. Shropshire, Jr., Virginia Smith:
individually, Lubbock, Texas
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, reco
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or f;r►tzances. contrsets of
otherwise, 9 permitted by law, statute, rule, regulation, contract or
NOT TO EXCEM 1N PENAiay THE SUM OF FIF'T'Y MILLION ($50,0009000) EACH
and the execution of all such instrumeat(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.
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(
adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd dayo�f j�he By -Laws
of which the following is a true transcript of said Section 6(C): Y uary,1970,
"The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary 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 certify to copies of any powerof-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 Director; of said Company adopted at a meeting duly
called and held on the 6th day of May, 1959, of which the following is a true exerpt:
"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
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."
�F RE1111)"
C '
J 6 ,�4iy IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate
Yw - *P
V seal to be affixed by its authorized officer, this 2nd day of January, A.D. 1980.
F _ Z ST. PAUL FIRE AND MARINE INSURA
zy a STATE OF MINNESOTA NCE COMPANY
IL
�,y O• County of Ramsey
1Anro n
Vice President
On this 28th day ofAMat
t , ] 9 , before me came the individual who executed �e preceding instrument, to me
.personally known, and, being by me duly sworn, said that he/she Is the therein described and authorized officer of St. Paul Fare and Marine Insurance Company;
that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of
the Board of Directors of said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day
and year fust above written.
�trCOU01 !t' V.C. INNES, Notary Public, Ramsey County, MN
My Commission Expires April 27,1983
CERTIFICATION
I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that 1 have compared the foregoing copy of the Power of Attorney
and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORfGINALS ON FILE IN THE
HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of
Attorney has not been revoked and is now in full force and effect.
k IN TESTIMONY WHEREOF, ! have hereunto set my hand this
d •
�sfL cc• 18th day of .lartiiary 19;7
RAMC
Secretary
Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon
copies or other reproductions of this document are invalid and not binding upon the Company.
ANY INSTRLNENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY,
For verification of the authenticity of this Power of Attorney, you may telephone toll free 800-328-9821 and ask for the Power of Attorney Clerk. Please refer
to the above Certificate of Authority No. and the above named individual(s).
29550 Ed. 8-80 Printed in U.S.A.
Submatic, Inc.
P.O. Box 246
Lubbock, Texas 79408
CITY OF LUBBOCK, TEXAS
NOTICE TO PROCEED
Contract No.
Date March 26, 1982
Project No.
Location N. B. McCullough Park
Pursant to the terms of your contract, dated March 24, 1982 for
NPiahborhood Parks Irrigation - N B McCullough for
Project N0. you are hereby -notified to commence
work thereunder at the start of business on April 5, , 19 82 The Time for
Completion set forth in the contract is 90 calender days, including the starting
day, which establishes July 5, 1982 as the completion date.
Please note carefully and fulfill the requirements of the General Conditions
relative to the submittal and approval of Workmen's Compensation and Manufacturers'
and Contractors' public liability insurance.
You are informed that Mike Gan 7 has been appointed Contracting
Officer and is duly authorized to administer your contract for, and in the name
of, this City of Lubbock
Under separate cover, there is being forwarded to you one executed set of Contract
Documents, consisting of the Contract, Perfromance and Payment Bond, Specifications
and Drawings.
You are instructed to submit for our approval a breakdown of your contract price
on the enclosed forms without delay.
Please acknowledge receipt of the Notice by signing and dating, and return all
carbon copies promptly to this office.
ACCEPTED
SUBMATIC, INC.
By
Title President
Date March 26, 1982
Very truly yours,
City of Lubbock, Texas
By Mike Gan
Title Senior Landscape Architect
O
GENERAL CONDITIONS OF THE AGREEMENT
GENERAL CuNDITIONS OF THE AGREEMENTS
1. OWNER I
Whenever the word Owner, or the expression Party of the First Part, or
First Party, are used in this contract, it shall be understood as referring to
the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part,
or Second Party, is used, it shall be understood to mean the person, persons,
co -partnership or corporation, to -wit:
who has agreed to perform the work embraced in
this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or represen ative used in
this contract, it shall be understood as referring to/1///
FAIT", ,*266 f , City Hall, Lubbock', Texas, under
whose supervision these contract documents, including the plans and specif"
ications, were prepared, and who will inspect constructions; or to such other
representative, supervisor, or inspector as may be authorized by said Owner to
act in any particular under this agreement. Engineers, supervisor or inspectors
will act for the Owner under the direction of Owner's Representative, but
shall not directly supervise the Contractor or men acting in behalf of the
Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General
Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if re-
quired), General Conditions of'the Agreement, Special Conditions of the Agree-
ment (if any), Specifications, Plans, Insurance Certificate, and all other
documents made available to Bidder for his inspection in accordance with the
Notice to Bidders.
S. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required,"
"Considered Necessary," "Prescribed," or words of like import are used, it
shall be understood that the direction, requirement, permission, order, designa-
tion or prescription of the Owner's Representative is intended; and similarly,
the words "Approved," "Acceptable," "Satisfactory," or words of like import
shall mean approved by or acceptable or satisfactory to the Owner's Representa-
tive.
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 nature, be specifi-
cally and clearly described and specified, but are necessarily described in
general terms, the fulfillment of which must depend on individual judgment,
then, in all such cases, any question of the fulfillment of said Specifications
1
1 i.•
shall be decided by the Owner's Representative, and said wQork 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
The term Subcontractor, as employed herein, includes only those having a
direct contract with the Contractor for performance of work on the project
.contemplated by these contract documents. Owner shall have no responsibility
to any Subcontractor employed by Contractor for performance of work on the
project contemplated by these contract documents, but said Subcontractors will..
look exclusively to Contractor for any payments due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in
person to the individual or to a member of the firm or to an officer of the
.corporation for whom it is intended, or if delivered at or sent certified mail
to the last business address known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all
materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by
the contract documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality. The Con-
tractor 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 recog-
nized standards.
All work shall be done and all materials furnished in strict conformity
with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project
contemplated by the contract documents has been made suitable for use or
occupancy or the facility is in a condition to serve its intended purpose, but
still may require minor miscellaneous work and adjustment.
10. LAYOUT OF WORK
Except as specifically provided herein, the Contractor shall be responsible
for laying out all work and shall accomplish this work in a manner acceptable
to the Owner's Representative. The Owner's Representative will check the
Contractor's layout of all major structures and any other layout work done by
the Contractor at Contractor's request, but this check does not relieve the
Contractor of the responsibility of correctly locating all work in accordance
with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with copies of all Plans, Pro-
files and Specifications without expense to hi and he shall keep one copy of
same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe
the progress and quality of the executed work and to determine, in general, if
the work'is proceeding in accordance with the contract documents. He will not
be required to make exhaustive or continuous on-site inspections to check the
quality or:quantity.of the work, nor will he be responsible for the construc-
tion means, methods, techniques, sequences or procedures, or the safety precautions
incident thereto. His efforts will be directed towards providing assurances
for the Owner that the completed project will conform to the requirements of
the contract documents, but he will not be responsible for the Contractor's
failure to perform the work in accordance with the Contract Documents. On the
basis of his on-site observations, he will keep the Owner informed of the pro-
gress of the work and will endeavor to guard the Owner against defects and
deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative
whenever necessary for the commencement of the work contemplated by these
contract documents or the completion of the work contemplated by these contract
documents. Whenever necessary, Contractor shall suspend his work in order to
q permit Owner's Representative to comply with this requirement, but such suspension
�f will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice
of the time and place where lines and grades will be needed. All stakes,
marks, etc., shall be carefully preserved by the Contractor, and in case of
careless destruction or removal by him, his Subcontractors, or his employees,
such stakes, marks, etc., shall be replaced by the Owner's Representative at
Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to
this Agreement that the Owner's Representative shall review all work included
herein. He has the authority to stop the work whenever such stoppage may be
necessary to insure the proper execution of the contract. In order to,permit
delays and disputes and to discourage litigation, it is further agreed that
the Owner's Representative shall, in all cases, determine the amounts and
quantities of the several kinds of work which are to be paid for under this
contract. He shall determine all questions in relation to said work and the
construction thereof, and shall, in all cases, decide every question which may
arise relative to the execution of this contract on the part of said Contractor.
The Owner's Representative's estimates and findings shall be conditions pre-
cedent 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,
I
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 question so raised to arbitration as
hereinafter provided. It is the intent of this Agreement that there shall be
no delay in the execution of the work, therefore, written decisions or direction
of the Owner's Representative as rendered shall be promptly carried out, and
any claim arising therefrom shall be thereafter adjusted to arbitration as
hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and
deliver to both the Owner and the Contractor a written decision on all claims
of the parties heretoand on all questions which may arise relative to the
execution of the work or the interpretation of the contract, specifications
and plans. Should the Owner's Representative fail to make such decision
within a reasonable time, an appeal to arbitration may be taken as if his
decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be
and is hereby authorized to appoint from time to time such subordinate engineers,
supervisors, or inspectors as the said Owner's Representative may deem proper
to inspect the materials furnished and the work done under this Agreement, and
to see that said material is furnished and said work is done in accordance
with the specifications therefor. The Contractor shall furnish all reasonable
aid and assistance required by the subordinate engineers, supervisors, or
inspectors for the proper inspection and examination of the work. The Contractor
shall regard and obey the directions and instructions of any subordinate
engineers, supervisors or inspectors so appointed, when such directions and
instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications, provided, however, should the Contractor object to
any orders by any subordinate engineer, 'supervisor or inspector, the Contractor
may within six (6) days make written appeal to the Owner's Representative for
his decision.
16. CONTRACTOR'S DUTY,AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution
and completion of this contract and shall keep on the work, during its progress,
a competent superintendent and any necessary assistants, all satisfactory to
Owner's Representative. The superintendent shall represent the Contractor in
his absence and all directions given to him shall be binding as if given to
the Contractor. Adequate supervision by competent and reasonable representa—
tives 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 exclu—
sive charge and control of the Contractor and all risk in connection therewith
shall be borne by the Contractor.
The -Owner or Owner's Representatives will not be responsible for the acts
or omissions of the Contractor, or any subcontractors, or any of his agents or
employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING d
It is understood and agreed that the Contractor has, by careful examina-
tion, satisfied himself as to the nature and location of the work, the confir-
mation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to
and during the prosecution of the work, and the general and local conditions,
and all other matters which in any way effect the work under this contract.
No, verbal agreement or conversation with any officer, agent, or employee of
the Owner, either before or after the execution of this contract, shall effect
or modify any of the terms or obligations herein contained.
18.CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful
in the performance in the type of work required under this contract, to do the
work; and agrees that whenever the Owner's Representative shall inform him in
writing that any man or men on the work, are, in his opinion, incompetent, un-
faithful, or disorderly,'such man or men shall be discharged from the work and
shall not again be employed on the work without the Owner's Representative's
.written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and
materials necessary in the prosecution and completion of this contract where
it is not otherwise specifically provided that Owner shall furnish same, and
` it is also understood that Owner shall not be held responsible for the care,
preservation, conservation, or protection of any materials, tools, equipment
or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be
permitted only at such places as the Owner's Representative shall direct, and
the sanitary conditions of the grounds in or about such structure shall at all
times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site,
properly secluded from public observation, shall be constructed and maintained
by the Contractor in such manner and at such points at shall be approved by
the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable
times to observe and test the work. Contractor shall make necessary arrangements
and provide proper facilities and access for such observation and testing at
any location wherever work is in preparation or progress. Contractor shall
ascertain the scope of any observation which may be contemplated by Owner or
Owner's Representative and shall give ample notice as to the time each part of
the work will be ready for such observation. Owner or Owner's Representative
may reject any work found to be defective or not in accordance with the con -
E,
0
tract documents, regardless of the stage of its completion or the time or
place of discovery of such errors, and regardless of whether Owner's Observer
has previously accepted the work through oversight or otherwise. If any work
should be covered without approval or consent of the Owner, it must, if requested
by Owner or Owner's Representative be uncovered for examination at Contractor's
expense. In the event that any part of the work is being fabricated or mann
factured at a location where it is not convenient for Owner or Owner's Represents
tive go make observations of'such work or require testing of said work, then
in such event Owner or Owner's Representative may require Contractor to fur-
nish Owner or Owner's Representative certificates of inspection, testing or
approval made by persons competent to perform such tasks at the location where
that part of the work is being manufactured or fabricated. All such tests
will be in accordance with the methods prescribed by the American Society for
Testing and Materials or such other applicable organization as may be required
by law or the contract documents.
If any work which is required to be inspected, tested, or approved,' is
covered up without written approval or consent of the Owner or Owner's Repre-
sentative, it must, if requested by the Owner or Owner's Representative, be
uncovered for observation and testing at the Contractor's expense. The cost
of all such inspections, tests, and approvals shall be borne by the Contractor
unless otherwise provided herein. Any work which fails to meet the requirements
of any such tests, inspections or approval, and any work which meets the
requirements of any such tests or approval but does not meet the requirements
of the contract documents shall be considered defective. Such defective work
shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspec-
tions, tests, or approvals made by Owner, Owner's Representative, or other
persons authorized.under this agreement -to make such inspections, tests, or
approvals, shall relieve the Contractor from his obligation to perform the
work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material
brought on the site of the work for use in the work or selected for the same,
shall be deemed by the Owner or Owner's Representative as unsuitable or not in
conformity with plans, specifications and contract documents, the Contractor
shall, after receipt of written notice thereof from the Owner's Representative,
forthwith remove such material and rebuild or otherwise remedy such work so
that it shall be in full accordance with this contract. It is further agreed
that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and
alterations as the Owner may see fit, in the line, grade, form, dimensions,
plans or.materials for the work herein contemplated, or any part thereof,
either before or after the beginning of the construction, without affecting
the validity of this contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be
done, they shall not constitute the basis for a -claim for damages, or antici-
pated profits on the work that may be dispensed with. If they increase the
amount of work, and the increased work can fairly be classified under the
specifications, such increase shall be paid according to the quantity actually
done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work.
In case the Owner shall make such changes or alterations as shall make useless
any work already done or material already furnished or used in said work, then
the Owner shall recompense the Contractor for any material or labor so used,
and for any actual loss occasioned by such change, due to actual expenses in-
curred 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 Repre-
sentative to be done by the Contractor to accomplish any change, alteration or
addition to the work as shown on the plans and specifications or contract
documents and not covered by Contractor's proposal, except as provided under
Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the
t direction of the Owner's.Representative when presented -with a written work
order signed by the Owner's Representative, subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the
Owner. It is also agreed that the compensation to be paid to the Contractor
for performing said extra work shall be determined by one or more of the
following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before
the extra -work is commenced, then the Contractor shall
be paid the actual field cost of the work, plus fifteen
(15X) per cent.
In the event said extra work be performed and paid for under Method (C)
then the provisions of this paragraph shall apply and the "actual field cost"
is hereby defined to include the cost of all workmen, such as foremen, time-
keepers, mechanics and laborers, and 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 Lia-
bility 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
r,.
Owner's Representative may also specify in writing, before ~the work commences,
the method of doing the -.work and the type and kind of machinery and equipment
to be used; otherwise, these matters shall be determined by the Contractor.
Unless otherwise agreed upon, the prices for the use of machinery and equip-
ment shall be determined by using 100X, unless otherwise specified, of the
latest Schedule of Equipment and Ownership Expenses adopted by the Associated
• General Contractors of America. Where practical, the terms and prices for the
use of.machinery and equipment shall be incorporated in the written extra work
order. The fifteen per cent (15X) of'.the actual field cost to be paid to
• Contractor shall cover and compensate him for his profit, overhead, general
superintendence, and field office expense, and all other elements of cost and''
expense not embraced within the actual field cost as herein defined, save that
where the Contractor's Camp or Field Office must be maintained primarily on
account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of,any kind will be allowed unless ordered in
writing by the Owner's Representative. In case any orders or instructions
appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written
request to the Owner's Representative for a written order authorizing such
extra work. Should a difference of opinion arise as to what does or does not
constitute extra work, or as to the payment therefor, and the Owner's Repre-
sentative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate
and accurate account of the actual field cost thereof, as provided under
Method (C). The Contractor will thereby preserve the -right to submit the
matter of payment to arbitration as herein below provided:
r
25. DISCREPANCIES AND OMISSIONS
It is further agreed that itis the intent of this contract that all work
described in the proposal, the specifications, plans and other contract docu—
ments, 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 ac-
cordance with the intent of theseicontract 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
Owner's Representative and obtain a clarification before the bids are received,
and if no such request is received by the Owner's Representative prior to the
opening of bids, then it shall be considered that the Contractor fully under-
stands the work to be included and has provided sufficient sums in his pro-
posal to complete the work in accordance with these plans and specifications.
It is further understood that any request for clarification must be submitted
no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found
to be inadequate to secure the quality of work with the rate of progress re-
quired under this contract, the Owner or Owner's Representative may order the
0
Contractor in writing to increase their safety or improve their character and
efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for
securing the progress herein specified, the Contractor shall, if so ordered in
writing, increase his force or equipment, or both, to such an extent -as to
give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Work-
men's Compensation Insurance with an insurance company licensed to transact
business in the State of Texas, which policy shall comply with the Workmen's
Compensation laws of the State of Texas. The Contractor shall at all times
exercise reasonable precaution for the safety of employees and others on or
near the work and shall comply with all applicable provisions of federal,
state and municipal laws and building and construction codes. All machinery
and equipment and other physical hazards shall be guarded in accordance with
the "Manual of Accident Prevention in Construction" of Associated General
Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, his sureties and insurance
carriers shall defend, indemnify and save harmless the Owner and all of its
officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages
received or sustained by any person or persons or property, on account of any
negligent act or fault of the Contractor or any subcontractor, their agents or
employees, in the execution and supervision of said contract, and the project
which is the subject matter of this contract, on account of the failure of
Contractor or any subcontractor to provide necessary barricades, warning
lights, or signs, and will be required to pay any judgment with costs which
may be obtained against the Owner or any'of its officers, agents, or employees
including attorney's fees.
.The safety precautions taken shall be the sole responsibility of.the
Contractor, in his sole discretion as an Independent Contractor; inclusion of
this paragraph in the Agreement, as well as any notice which may be given by
the Owner, the Owner's Representative concerning omissions under this paragraph
as the work progresses, are intended as reminders to the Contractor of his
duty and shall not be construed as any assumption of duty to supervise safety
precautions by either the Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense
throughout the life of this contract, insurance protection as hereinafter
specified. Such insurance shall be carried with an insurance company licensed
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 sub-
contractor, or separate policies shall be provided covering the operation of
each subcontractor.
(A) Workmen's Compensation and Employer's Liability Insurance
As required by State statute covering all employees employed on a
work whether employed by the Contractor or any Subcontractor on the job.
Q
t
(B) Owner's Protective or Contingent Public Liabilitf 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 an addi—
tional insured and the amount of such policy shall be as follows:
$ 500,000- for bodily injuries, including accidental death,
to any one person, but limited to $ 500,000 per occurrence,
.and $ 100,000 for property damage.
The Contractor shall obtain a Contractor's Protective (Contingent)
Liability Insurance policy and the amount of said policy shall be as
follows:
In an amount not less than $ 100,000 for bodily injuries,
including accidental death, to any one person, but not less than
$ 300,000 per occurrence and in the amount of not less
than $ 100,000 for property damage.
(C) Automobile Insurance
The Contractor shall procure automobile insurance providing coverage
as follows:
In an amount not less than $ 100,000 for injuries,
including accidental death, to any one person, but not less than
S 300.000 per occurrence, and in the amount of
not less than $_ 100.000 for property damage.
(D) Proof of Coverage
Before work on this contract is commenced, each Contractor and sub—
contractor shall submit to the Owner for approval 1 certi—
ficates of insurance covering each insurance policy carried and offered
as evidence of compliance with the above insurance requirements, signed
by an authorized representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in
force thereunder on the date borne by such certificate.
(4) The expiration date of the policy and the limit or limits
of liability thereunder on the date borne by such certificate.
(5) A statement that the insurance of the type afforded by
the policy applies to all of the operations of whatever
character, which are undertaken by the insured during the
performance of this contract, provided such operations are
required in the performance of the contract.
(6) A provision that the policy may be cancelled only by mailing
written notice to the named insured at the address shown in the
Policy stating when, not less than ten (10) days thereafter,
cancellation of such policy shall be effective, with a copy to
the Owner of said letter of intent.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN,
AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
` The Contractor agrees that he will indemnify and save the Owner harmless
from all claims growing out of any demands of subcontractors, laborers, work-
men, mechanics, materialmen and furnishers of machinery and parts thereof ,
` equipment, power tools, all suppliers, including commissary, incurred in the
furtherance of the performance of this contract. When Owner so desires, the
Contractor shall furnish satisfactory evidence that all obligations of the
nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work. Contractor shall allow any indebted-
ness to accrue for work furnished by any of those designated in the preceding
paragraph and shall fail to pay and discharge any such indebtedness within
five (5) days after demand is made, then Owner may, during the period for
which such indebtedness shall remain unpaid, withhold from the unpaid portion
of this contract, a sum equal to the amount of such unpaid indebtedness or may
apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be
in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall pro-
vide for the use of any design, device, material or process covered by letters
patent or copyright by suitable legal agreement with the Patentee or Owner
thereof. The Contractor shall defend all suits or claims for infringement of.
any patent or copyrights and shall indemnify and save the Owner harmless from
any loss on account thereof, except that Owner shall defend all such suits and
claims and shall be responsible for all such loss when a particular design,
device, material or process or the product of a particular manufacturer or
manufacturers is specified or required in these contract documents by Owner;
provided, however, if choice of alternate design, device, material or process
is allowed to the Contractor, then Contractor shall indemnify and save Owner
harmless from any loss on account thereof. If the material or process speci-
fied or required by Owner is an infringement, the Contractor shall be responsible
for such loss unless he promptly gives written notice to the Owner of such
infringement.
31. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal,
state and local laws, ordinances and regulations, which in any manner effect
the contract or the work, and shall indemnify and save harmless the Owner
against any claims arising from the violation of any such laws, ordinances,
and regulations, whether by the Contractor or his employees. If the Con-
tractor observes that the plans and specifications are at variance therewith,
he shall promptly notify the Owner's Representative in writing and any neces-
sary changes shall be adjusted as provided in the contract for changes in the
work. If the Contractor performs any work knowing it to be contrary to such
laws, ordinances, rules and regulations, and without such Aotice to the Qwner's
Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law
from which it derives its powers, insofar as the same regulates the objects
for which, or the manner in which, or the conditions under which the. Owner may
r enter into contracts, shall be controlling, and shall be considered as part of
this contract to the same effect.as though embodied herein.
320 ASSIGNMENT AND SUBLETTING
The Contractor -further agrees that he will retain personal control and
will give his personal attention to the fulfillment of this contract. The
Contractor further agrees that subletting of any portion or feature of the
work, or materials required in the performance of this contract, shall not
relieve the Contractor from his full obligations to the Owner, as provided by
this contractual agreement.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor
and the Owner, that the date of beginning and time for completion as specified
in the contract of work to be done hereunder are essential conditions of this
contract; and it is further mutually understood and agreed that the work em-
,�.rA�a� {^ *pis contract shall be commenced on a date to be syeciliea in the
ed.
If the Contractor should neglect, fail, or refuse to complete the work
' within the time herein specified, or any proper extension thereof granted by
the Owner, then the Contractor does hereby agree as part of the consideration
for the awarding of this contract, the Owner may withhold permanently from
Contractor's total compensation, the sum of _ Fifty
Dollars ($_ _50.00 ), not as a penalty, but as liquidated damages for the
breach of the contract as herein set forth for each and every calendar day
that the Contractor shall be in default after the time'stipulated for com-
pleting the work.
It is expressly understood and agreed, by and between Contractor and the
Owner, that the time for the completion of the'work described herein is rea-
sonable time for the completion of the same, taking into consideration the
average climatic change and conditions and usual industrial conditions pre-
vailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the
Owner because of the impracticability and extreme difficulty in fixing and
ascertaining actual damages the Owner would in such event sustain, and the
amount is agreed to be damages the Owner would sustain and shall be retained
by the Owner from current periodical estimates for payments or from final
payment.
It is further agreed and understood between the Contractor and Owner that
time is of the essence of this contract.
C.
34. TI14E AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein
specifically provided, that the Contractor shall be allowed to prosecute his
work at such time and .sessions, in such order of precedence, and in such
manner as shall be most conductive to economy of construction; provided,
:However, that the order and time of prosecution shall be such that the work
shall be substantially completed as a whole and in part, in accordance with
this contract; the plans and specifications, and within the time of completion
designated in the proposals;provided, also, that when the Owner is having
• other work done,. either by contract or by his own force, the Owner's Representa-
tive may direct the time and manner of constructing work done under this
contract so that conflicts will be avoided and the construction of the various
works being done.for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested
by the Owner's Representative, schedules which shall show the order in which
the Contractor proposes, to carry on the work, with dates at which the Contractor
will start the several parts of the work, and estimated dates of completion of
the several parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recog-
nition of the time required for the completion of this project, taking into
consideration the average climatic range and .industrial conditions prevailing
in this locality, and has considered the liquidated damage provisions of
paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work
• has been delayed by an act or neglect o€ the Owner, Owner's Representative,
employees of the Owner or other contractors employed by the Owner, or by
changes ordered in the work, or by strike, walk -outs, acts of God or the
public enemy, fire or flood. The Contractor may apply in writing for an
extension of time, submitting therewith all written justification as may be
required by Owner's Representative for such an extension as requested by
Contractor. The Owner's Representative within ten (10) days after receipt of
a written request for an extension of time by the Contractor supported by all
requested documentation shall then submit such written request to the City
Council of the City of Lubbock for their consideration. Should the Contractor
disagree with the action of City Council on granting an extension of time,
such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in under-
taking to complete the work within the time herein fixed, he has taken into
consideration and made allowances for all hindrances and delays incident to
such work, whether growing out of delays in securing material or workmen or
otherwise. No charge shall be made by the Contractor for hindrance or delays
from any cause during the progress of any part of the work embraced in this
contract except where the work is stopped by order of the Owner or Owner's
Representative for the Owner's convenience in which event such expense as in
the judgment of the Owner's Representative that is caused by such stoppage
shall be paid by Owner to Contractor.
C
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of
actual measured or computed length, area,
only shall be considered, unless otherwise
J
any kind will be allowed, but the
solid contents, number and weight
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
offered for the work. It is`understood and agreed that the actual amount of
work to be done and the materials to be furnished under this contract may
differ somewhat from these estimates, and that where the basis for payment
under this contract is the unit price method, payment shall be for the actual
amount of work done and materials furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining
property or properties in any way encountered, which may be injured or seriously
affected by any process of construction to be undertaken under this agreement,
from any damage or injury by reason of said process of construction; and he
shall be liable for any and all claims for such damage on account of his
failure to fully protect all adjacent property. The Contractor agrees to
indemnify, save and hold harmless the Owner against any claim or claims for
damages due to any injury to any adjacent or adjoining property, arising or
growing out of the performance of this contract, but such indemnity shall not
apply to any claim of any kind arising out of the existence or character of
the work.
39. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and
material and the completion of all work by the Contractor, and on the delivery
of all materials embraced in this contract in full conformity with the specifi-
cations and stipulations herein contained, the Owner agrees to pay the Contractor
the price set forth in the proposal attached hereto, which has been made a
part of this contract, and the Contractor hereby agrees to receive such price
in full for furnishing all materials and all labor required for the aforesaid
work, also, for all expenses incurred by him and for well and truly performing
the same and the whole thereof in the manner and according to this agreement,
the attached specifications, plans, contract documents and requirements of
Owner's Representative.
40. PAYMENTS
No payments made or certificates given shall be considered as conclusive
evidence of the performance of the contract, either wholly or in part, nor
shall any'certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work
furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the
work. Before final payment is made, Contractor shall satisfy Owner, by affidavit
C,
- d
or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract". Acceptance by Contractor of final
payment of the contract price shall constitute a waiver of all claims against
Owner which have not theretofore been timely filed as provided in this contract.
41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to
Owner's'Representative an application for partial payment. Owner's Representa-
tive shall
epresentative-shall review said application for partial payment and the progress'of the
work made by the Contractor and if found to be in order shall prepare a
certificate for partial payment showing as completely as practical the total
value of the work done by the Contractor up to and including the last day of
the preceding month; said statement shall also include the value of all sound
materials delivered on site of the work that are to be fabricated into the -
work.
The Owner shall then pay the Contractor on or before the fifteenth day of
the current month the total amount of the Owner's Representative's Certificate
of Partial Payment, less 10% of the amount thereof, which 10% shall be retained
until final payment, and further, less all previous payments and all further
sums that may be retained by Owner under the terms of this agreement. It is
understood,.however, that in case the whole work be near to completion, and
this fact is certified to by Owner's Representative and some unexpected and
some unusual delay occurs due to no fault or negligence on the part of the
Contractor,•the Owner may upon written recommendation of Owner's Representative
pay reasonable and equitable portion of the retained percentage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's
Representative written notice that the work has been completed or substantially
completed, the Owner's Representative and the Owner shall inspect the work and
within said time, if the work be found to be completed or substantially com-
pleted in accordance with the contract documents, the Owner's Representative
shall issue to the Owner and Contractor his certificate of completion, and
thereupon it shall be the duty of the Owner within thirty-one (31) days to
issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYMENT
Upon the issuance -of the certificate of completion, the Owner's Repre-
sentative shall proceed to make final measurement and prepare a final state-
ment of the value of all work performed and materials furnished under the
terms of the agreement, and shall certify same to the Owner, who shall pay to
the Contractor on or before the 31st day after the date of certificate of
completion, the balance due Contractor under the terms of this agreement,
provided he has fully performed his contractual obligations under the terms of
this contract; and said payment shall become due in any event upon said per-
formance 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
IF
required in the special .con ditions (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 Owner's preqtses q11 materials con-
demned by the Owner's Representative on account of faijpre to conform to the
contract, whether actually incorporated in the work or not, and Contractor
shall at his own expense promptly replace such condemnee} materials with other'
materials conforming to the requirements,of -the contract. Contractor shall
also bear the expense of `restoring all work of other contractors damaged by
any such removal or replacement. If Contractor does not remove and replace
any such condemned work within a reasonable time after a written notice by the
Owner or the Owner's Representative, Owner may remove and replace it at Con-
tractor's expense.
45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this
contract shall relieve the Contractor of responsibility for faulty materials
or workmanship, and he shall remedy any defects due thereto and pay for any
damage to other work resulting therefrom, which shall appear within a period
of one (1) year from the date of substantial completion. The Owner or the
Owner's Representative shall give notice of observed defects with reasonable
promptness.
46. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold
or nullify the whole or part of any certificate to such extent as may be
necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing
of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors
or for material 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.
0
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 Repre-
-sentative has given any directions,,order or, instruction to which the Contractor
desires to take exception. The Owner's 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 Repre-
sentative, any demand for arbitration shall be filed with the Owner's Repre-
sentative and the Owner in writing within ten (10) days after the date of
delivery to Contractor of the final decision of the Owner's Representative.
It is further agreed that final acceptance of the'work by the Owner and the
acceptance by the Contractor of the final payment shall be a bar to any claim
by either party, except where noted otherwise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbi-
tration at the request of either party to the dispute. The parties may agree
upon one arbitrator, otherwise, there shall be three; one named in writing by
each party and the third chosen by the two arbiters selected; or if the arbiters
fail to select a third within ten (10) days, he shall be chosen by the District
Judge,'72nd Judicial District of Texas. Each arbiter shall be a resident of
the City of Lubbock. Should the party demanding arbitration fail to name an
arbiter within ten (10) days of the demand, his right to arbitrate shall
lapse, and the decision of the Owner's Representative shall be .final and
binding on him. Should the other party fail to choose an arbiter within ten
(10) days, the Owner's Representative shall appoint such arbiter. Should
either party refuse or neglect to,supply the arbiters with any papers or
information demanded in writing, the arbiters are empowered by both parties to
take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision► of any two shall be
binding on both parties to the contract, unless cithor or both parties shall
appeal within ten (10) day's from date of the award 1,.; the arbiters, and it is
hereby agreed that each party shall have the right of appeal and all proceedings
shall be according to and governed by Arbitration Statutes of Texas, being
Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE
ARBITERS UPON ANY QUESTION SUB14ITTED TO ARBITRATION UNDER THIS CONTRACT SHALL
BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are authorized to award
the party whose contention is sustained, such sums as they deem proper for the
time, expense and trouble incident to the appeal, and if the appeal was taken
without reasonable cause, they may award damages for any delay occasioned
thereby. The arbiters shall fix their own compensation, unless otherwise pro-
vided by agreement, and shall assess the costs and charges of the arbitration
upon either or both parties. The award of the arbiters must be made in writing
and shall not be open to objection on account of the form of proceedings or
award.
2
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work
within ten (10) days after written notification from the Owner or the Owner's
Representative, or if the Contractor fails to comply with the orders of the
Owner's Representative, when such orders are consistent with this coritract,
this Agreement, or the Specifications hereto attached, then the Surety on the
bond shall be notified in writing and directed to complete the work and a copy
of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not
remove from the work any machinery,equipment, tools, materials or supplies
then on the job, but the same, together with any materials and equipment under
the contract for work, may be held for use on the work by the Owner or the
Surety of -the Contractor, or another contractor, in completion of the work;
and the Contractor shall not receive any rental or credit therefore (except
when used in connection with Extra Work, wnere credit shall be allowed as
provided for under paragraph 24 of this contract); it being understood that
the use of such equipment and materials will ultimately reduce the cost to
complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for
completion hereinbefore provided for, within ten (10) days after service of
such notice, then the Owner may provide for completion of the work in either
of the following elective manners:
(a) The Owner may employ such force of men and use of machinery,
equipment, tools, materials and supplies as said Owner may deem necessary
to complete the work and charge the expense of such labor, machinery,
equipment, tools, materials and supplies to said Contractor, and the
expense so charged shall be deducted and paid by the Owner out of such
moneys as may be due, or that may thereafter at any time become due to
the Contractor under and by virtue of this Agreement. In case such
expense is less than the sum which would have been payable under this
contract, if the same had been completed by the Contractor, then said
Contractor shall receive the difference. In case such expense is greater
than the sum which would have been payable under this contract, if the
same had been completed by said Contractor, then the Contractor and/or
his Surety shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed bids, after notice published as required
by law, at least twice in a newspaper having a general circulation in the
County of location of the work, may let the contract for the completion
of the work under substantially the same terms and conditions which are
provided in this contract. In case of any increase in cost to the Owner
under the new contract as compared to w1hat would have been the cost under
this contract, such increase shall be charged to the Contractor and the
Surety shall be and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that which would
have been the cost to complete the work under this contract, the Con—
tractor or his Surety shall be credited.therewith.-
r
a
When the work shall have been substantially completed, the Con-
tractor and his Surety shall be so notified and certificates of completion
and acceptance, as provided in paragraph 42 hereinabove set forth, shall
be issued. A complete itemized statement of the contract accounts,
certified to be the Owner's Representative as being correct shall then be
prepared and -delivered to Contractor and his•Surety, whereon the Contractor
or his Surety, or the Owner as'the case may be, shall pay the balance due
` as reflected by said statement within 30 days after the date of
. certificate of completion.`
''In the event the statement of accounts shows that the cost to com—
plete 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, equip -
meet, 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
ocomplete the work exceed the contract price, and the Contractor and/or
his Surety fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials
or supplies on the site of the work, notice thereof, together with an
itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this
contract; provided, however, that actual written notice given in any
manner will satisfy this condition. After mailing, or other giving of
such -notice, such property shall be held'at the risk of the Contractor
and his Surety subject only to the duty of the Owner to exercise ordinary
care to protect such property. After fifteen (15) days from the date of
said notice the Owner may sell such machinery, equipment, tools, materials'
or supplies and apply the net sum derived from such sale to the credit of
the Contractor and his Surety. Such sale may be made at either public.or
private sale, with or without notice, as the Owner may elect. The Owner
shall release any machinery, equipment, tools, materials, or supplies
which remain on the jobsite and belong to persons other than the Con-
tractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract,
and should fail or refuse to comply with said terms within ten (10) days after
written notification by the Contractor, then the Contractor may suspend or
wholly abandon the work, and may remove therefrom all machinery, tools, and
equipment, and -all materials on the ground that have not been included in
payments to the Contractor and have not been incorporated into the work.
Thereupon, the Owner's Representative shall make an estimate of the total
amount earned by the Contractor, which estimate shall include the value of all
work actually completed by said Contractor at the prices stated in the attached
proposal, the value of all partially completed work at a fair and equitable
price, and the amount of all Extra Work performed at the prices agreed upon,
or provided for by the terms of this contract, and a reasonable sum to cover
the cost of any provisions made by the Contractor to carry the whole work to
completion, and which cannot be utilized. The Owner's Representative shall
then make a final statement of the balance due the Contractor by deducting
from the above estimate all previous Payments by the Owner andall other sums
that may be retained by -the Owner under the terms of this Agreement, and shall
certify same to the. Owner who shall pay to the Contractor on or before thirty
(30) days after the date of the notification by the Contractor the balance
shown by said final statement as due the Contractor, under the terms of this
Agreement.
51. BONDS
The successful bidder shall be required to furnigh a performance bond and
payment bond in accordance with Article 3160, Vernon!g Annotated Civil Statutes
in the amount of 100% of the total contract price, in the event said contract
price exceeds $25,000.00. If the contract price does not exceed $25,000.00,
the statutory bonds will not be required. All bonds, If required,'shall be
submitted on forms supplied by the Owner, and executes} by an approved Surety
Company authorized to do business in the State of Te, -,is, And it is further
agreed that this contract shall not be in effect until such bonds are so-fur—
nished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the con—
tract documents and said special conditions conflict with any of the general
conditions contained in this contract, then in such event the special conditions
shall control.
j 53. LOSSES FROM NATURAL CAUSES
v Unless otherwise specified herein, all loss or damage to the Contractor
arising out of the nature of the work to be done, or from the action of the
elements, or from any unforeseen circumstance and the prosecution of the same,
or from unusual obstructions or'difficulties which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his
own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor, with full,
complete and exclusive power and authority to direct, supervise, and control
his own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have
the right to observe Contractor's work during his performance and to 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.
55. CLEANING UP
The'Contractor shall at all times keep the premises free from accumulation
of debris caused by the work, and'at the completion of the work he shall
remove all such debris and also his tools, scaffolding, and surplus materials
and shall leave the work broom clean or its equivalent. The work shall be
left in good order and condition. In case of dispute Owner may remove the
debris and charge the cost to the Contractor.
56. DAVIS-BACON ACT REGULATIONS
Federal Minimum Wages
Applicable to all Construction.Contracts over 82000,00 funded by anrsdra2
Revenue Sharing.
(1) Minimum wages. (i) All mechanics and laborers employed or working
upon the site of the work, or under the United States gipusing Act of 1937 or
under the Housing Act of 1949 in the construction or dgvelopment of the project,
will be paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate .on any account (except such payroll deductions
as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3)), the full amounts due at time of payment computed
at wage rates not less than those contained in the'wage determination decision
of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics; and the wage determination
decision shall be posted by the contractor at the site of the work in a prominent
place where it can be easily seen by the workers. For the purpose of this
clause, contributions made or costs reasonably anticipated under section
l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv). Also for the purpose of this clause, regular contributions
made or costs incurred for more than a weekly period under plans, funds, or
programs, but covering the particular weekly period, are deemed to be construc-
tively made or incurred during such weekly period.
(ii) The contracting officer shall' require that any class of laborers or
mechanics, including apprentices and trainees, which is not listed in the wage
determination and which is to be employed under the contract, shall be classified
or reclassified conformably to the wage determination and a report of the
action taken shall be sent by the Federal agency to the Secretary of Labor.
In the event the interested parties cannot agree on the proper classification
or reclassification of a particular class of laborers and mechanics, including
apprentices and trainees, to be used, the question accompanied by the recom-
mendation of the contracting officer shall be referred to the Secretary for
final determination.
(iii) The contracting officer shall require, whenever the minimum wage
rate prescribed in the contract for a class of laborers or mechanics includes
a fringe benefit which is not expressed as an hourly wage rate and the contractor
is obligated to pay cash equivalent of such a fringe benefit, an hourly cash
equivalent thereof to be established. In the event the interested parties
cannot agree upon a cash equivalent of the fringe benefit, the question,
accompanied by the recommendation of the contracting officer, shall be re-
ferred to the Secretary of Labor for determination.
(iv) If the contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer or mechanic
the amount of any costs reasonably anticipated in providing benefits under a
plan or program of a type expressly listed in the wage determination decision
F.
of the Secretary of Labor which is a part of this contract: sProvided, however,
the Secretary of Labor has found upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
(2) Withholding. The City of -Lubbock may withhold or cause to be withheld
from the contractor so much of the accrued payments or advances as may be con—
sidered necessary to pay laborers -and mechanics, including apprentices and
trainees,' employed by the contractor or any subcontractor on the work the full.
amount of wages required by the contract. In the event of failure to pay any
laborer: or mechanic, including any apprentice or trainee, employed or working
on the site of the ,work or under the United States Housing Act of 1937,or
under the Housing Act of 1949 in the construction or development of the project,
all or part of the wages required by the contract, the City of Lubbock may,
after written notice to the contractor, sponsor, applicant, or owner, take
such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records. (i) Payrolls and basic records relating
thereto will be maintained during the course of the work and preserved for a
period of three years thereafter for all laborers and mechanics working at the
site of the work, or under the United States housing Act of 1937, or under the
Housing Act of 1949, in the construction or development of the project. Such
records will contain the name and address of each such employee, his correct
classification, rates of pay (including rates of contributions or costs anti-
cipated of the types described in section l(b)(2) of the Davis -Bacon Act),
daily and weekly number of hours worked, deductions made and actual wages
' paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)
that the wages of any laborer or mechanic include the amount of any costs rea-
sonably anticipated in providing benefits under a 'plan or program described in
section l(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain
records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan or pro-
gram has been communicated in writing to the laborers or mechanics affected
and records which show the costs anticipated or the actual cost incurred in
providing such benefits.
(ii) The contractor will submit weekly a copy of all payrolls to the
City of Lubbock if the agency is a party to the contract, but if the agency is
not such a party, the contractor will submit the payrolls to the applicant,
sponsor, or owner, as the case may be, for the transmission to the City of
Lubbock. The copy shall be accompanied by a statement signed by the employer
or his agent indicating -that the payrolls are correct and complete, that the
wage rates contained therein are not less than those determined by the Secretary
of Labor and that the classifications set forth for each laborer or mechanic
conform with the work he performed. A submission of a "Weekly Statement of
Compliance" which is required under this contract and the Copeland regulations
of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial
payroll or any subsequent payroll of a copy of any findings by the Secretary
of Labor -under 29 CFR 5.5(a)(1)(iv) shall satisfy this requirement. The prime
contractor shall be responsible for the submission of copies of payrolls of
all subcontractors. The contractor will make the records required under the
labor standards clauses of the contract available for inspection'by authorized
representatives of the City of Lubbock and the Department of Labor, and will
permit such representatives to interview employees during working hours on the
job. Contractors employing apprentices or trainees under approved programs
shall include a notation of the first weekly certified payrolls submitted to
the contracting agencies that their employment is pursuant to an approved pro-
gram and shall identify the program.
(4) Apprentices and trainees. - (i) Apprentices. Apprentices will be
permitted toworkat less than the predetermined rate for the'work'they per-
formed when they are employed and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment
• and Training Administration, Bureau of Apprenticeship and Training, or with a
Apprenticeship Agency recognized by the Bureau, or if a person is employed in
his first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but
who has been certified by the.Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymer
in any craft classification shall not be greater than the ratio permitted to
the contractor as to his entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who is not a trainee
as defined in subdivision (ii) of this subparagraph or is not registered or
otherwise employed as stated above, shall be paid the wage rate determined by
the Secretary of Labor for the classification of work he actually performed.
The contractor or subcontractor will be required to furnish to the contracting
officer or a representative of the Wage -Hour Division of the U.S. Department
of Labor written evidence of the registration of his program and apprentices
as well as the appropriate ratios and wage rates (expressed in percentages of
the journeyman hourly rates), for the area of construction prior to using any
apprentices on the contract work. The wage rate paid apprentices shall be not
• less than the appropriate percentage of the journeyman's rate contained in the
applicable wage determination.
(ii) Trainees. Except as provided in 29 CFR 5.15 trainees will not be
permitted to work at less than the predetermined rate for the work performed
unless they are employed pursuant to and individually registered in a program
which has received prior approval, evidenced by formal certification, by the
U.S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training. The ratio of trainees to journeymen shall not be
greater than permitted under the plan approved by the Bureau of Apprenticeship
and Training. Every trainee must be paid at not less than the rate specified
in the approved program for his level of progress. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training
plan approved by the Bureau of Apprenticeship and Training shall be paid not
less than the wage rate determined by the Secretary of Labor for the classification
of work he actually performed. The contractor or subcontractor will -be required
to furnish the contracting officer or a representative of the Wage -Hour Division
of the U.S. Department of Labor written evidence of the certification of his
program, the registration of the trainees, and the ratios and wage rates
prescribed in that program. In the event the Bureau of. Apprenticeship and
Training withdraws approval of a training program, the contractor will no
longer be;permitted to utilize trainees at less than the applicable predeter-
mined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with the equal
employment opportunity requirements of Executive Order 11246, as amended, and
29 CFR Part 30.
(5) Compliance with Copeland Regulations (29 CFR Part 3). The contractor
shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of
Labor which are herein incorporated by reference.
(6) Subcontracts. The contractor will insert in any subcontracts the
clauses contained in 29 CFR 5.5(a)(1) through (5) and (7) and such other
clauses as the City of Lubbock may by appropriate, instructions require, and
also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts which they may enter into, together with a clause re-
quiring this insertion in any further subcontracts that may in turn be made.
(7) Contract termination; debarment. A breach of clauses (1) through
(6) may be grounds for termination of the contract, and for debarment as -pro-
vided in 29 CFR 5.6.
ADDITIONAL PROVISIONS INCLUDED ARE:
(1) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employment
of laborers or mechanics shall require or permit any laborer or mechanic in
any workweek in which he is employed on such work to work in excess of eight
hours in any calendar day or in excess of forty hours .in such workweek unless
such laborer or mechanic received compensation at a rate not less than one and
one-half times his basic rate of pay for.all hours worked in excess of eight
hours in any calendar day or in excess of forty hours in such workweek, as the
case may be.
(2) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in subparagraph (1), the con-
tractor and any subcontractor responsible therefor shall be liable to any
affected employee for his unpaid wages. In addition, such contractor or
subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic employed in -
violation of the clause set forth in subparagraph F1), in the sum of $10 for
each calendar day on which such employee was required or permitted to work in
excess of eight hours or in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in sub-
paragraph (1).
Applicable to all contracts in excess of $10,000.00
(3) Withholding for unpaid wages and liquidated damages. The City of
Lubbock may withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor, such sums as may
administratively be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in subparagraph (2).
I
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4
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(4) Subcontracts, The contractor shall insert in any subcontracts the
clauses set forth in subparagraphs (1), (2), and (3) of this paragraph and
also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts which they may enter into, together with a clause
requiring this insertion in any further subcontracts that may in turn be made. #
a
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WAGE DETERMINATIONS
Subject to Change 10 Days
Prior to Bid Opening
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CITY OF LUBBOCK
WAGE DETERMINATIONS FOR FEDERALLY FUNDED PROJECTS
NERVY/HIGHWAY PROJECTS
46 FR 35893
Decision n TX81-4050 Date: July 10, 1981
(Supersedes Decision No. TX81-400 1, Dated January -6, 1981 in 46 FR 1535)
DESCRIPTION OF.WORK_: Heavy9
(excludin tunnels & dams) and Highway Projects
(does not include building structures in rest area projects.)
Classification
Air Tool Man
Asphalt Heaterman
Asphalt Raker
Asphalt Shoveler
Batching Plant Scaleman
-Batterboard Setter
Carpenter
Carpenter Helper
Concrete Finisher (Paving
Concrete Finisher Helper (Pavinq)
Concrete Finisher (Structures)
Concrete Finisher Helper (Structures)
Concrete Rubber
Electrician
Electrician Helper
Fireman
Form Builder (Structures
Form Builder Helper (Structure)
Form Liner (Paving S Curb)
Form Setter (Paving b Curb)'
Form Setter Helper (Paving b Curb)
Form Setter (Structures)
Form Setter Helper (structures)
Laborer, Common
Laborer, Utility Man
Manhole Builder, Brick
Mechanic
Mechanic. He 1 per
Oiler
Serviceman
Painter (Structures)
Painter Helper (Structures)
Piledriverman
Pipelayer-
Pipelayer Helper
Powderman
Powderman Helper
Basic Hourlv Rat
5 -
5.15
5.10
5.00
5.50
4.75
6.50
5.00
5.75
4.85
8.10,
6.00
4.20
5.60
5.00
6.65
4.6o
4.15
4.80
4.50
6.20
5.35
5.00
5.25
5.50
:i:; •D.ector�rii: ! Tt =rc ir;ie:j�
2. t
Classification
Basic Hourly Rates Zone 2
Reinforcing Steel Setter (Paving)
Reinforcing Steel Setter (Structures)
6.30
Reinforcing Steel Setter Helper
_
' Steel Worker (Structural)
_
Steel Worker Helper:.(Structural)
Sign Erector
4.55
Sign Erector Helper
_
Spreader Box Man
4.95
Swamper
4.50
Power Equipment Operators:
Asphalt Distributor '
5.45
Asphalt Paving Machine
5.55
Broom or Sweeper Operator
4.35
Bulldozer 150 HP h Less
4.95
Bulldozer, over 150 HP
6.00
Concrete Paving Curing Machine
-
Concrete Paving Finishing Machine
5.30
> Concrete Paving Form Grader
_
Concrete Paving Gang Vibrator
Concrete Paving Grinder
=
' Concrete Paving Joint Machine
Concrete Paving Joint Sealer
=
Concrete Paving Longitudinal Float
-
1 Concrete Paving Mixer
7.00
Concrete Paving Saw
-
Concrete Paving Spreader
_
Paving Sub Grader
5.25
Crane, Clamshell, Backhoe,
Derrick, Dragline, Shovel
(less than 1j CY)
5.60
Crane, -Clamshell, Backhoe,
Derrick, Dragline, Shovel
(1= CY & Over)
6.25
Crusher or Screening Plant Operator
4.85
Elevating Grader
_
Form Loader
_
Foundation Drill Operator
(Crawler Mounted)
-
Truck Drivers:
Single Axle, Light
4.50
Single Axle, Heavy
4.65
Tandem Axle or Semitrailer
4.50
Lowboy -Float
4.80
Transit -Mix
_
Winch
_
Vibrator Man (Hand Type)
-
Welder
6.00
Welder Helper
4,50
J
c
SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS)
�
c
c
SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS)
SPECIFJCATICONS;"
z � -
a
SPECIFICATIONS
PVC PIPE AND FITTINGS
A. PVC PIPE
All PVC pipe shall be domestic polyvinyl chloride and shall be of
TYPE 1 Medium Impact of class 160 as indicated on materials list.
B. PVC FITTINGS
All fittings shall be unplastiuzed, polyvinyl chloride schedule 40.
All fittings shall :be commercially acceptable dimensions' and tolerances
and) shal l be free of any defects such as fractures, warpage, inclusion, ..
holes, etc.
I
SPECIFICATIONS
MISCELLANEOUS
3
_A. WIRE CONNECTORS
Moistite wire connectors or an approved equal shall be used
on all splices ,in underground wiring.
B. PVC SOLVENT
Al PVC fittings and pipe shall be jointed by the solvent
weld method. Only the solvent supplied and/or recommended by the
manufacturer shall be used to join PVC pipe and fittings. Only
suitable PVC solvent shall be used.
C. SWING JOINTS
T rotary impact head, gear drive pop up heads, sprain head and
quick coupler valves shall be mounted o.n swing joints. See details
on plans.
D. CONTROL WIRING
All wiring from controller to solenoid valves to shall be #14 UF.
"Hot" wire to all valves to be red and common wire to be white. All
wiring from controller (located in pump station) to valves (located
in concrete vaults) to be installed ;n conduit.
SPECIFICATIONS
ROTARY IMPACT SPRINKLER HEADS
All rotary impact sprinkler heads shall be Weather -Matic RK90 series or
an approved equal. The sprinkler shall be capable of Covering 100 feet
diameter at 90 psi with a distribution rate of 65-71 gpm. The nozzle
shall be no greater than 1/2 The sprinkler must have a heavy duty
bearing and wiper seal to withstand sandy conditions.
J
SPECIFICATIONS
POP-UP GEAR DRIVEN HEADS
All pop-up gear -driven heads to'be Toro 640 series or an approved
equal. The sprinkler head shall be capable of cover 60 feet diameter
at 90 psi with a distribution rate of better than 25 gpm.
SPECIFICATIONS
SPRAY HEADS
All spray heads to be Weather-matic F1o.33 or an approved equal. All
nozzles to be low angle (100 trajectory) No. 512 series or an approved
equal
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SPECIFICATIONS
24-HOUR CONTROLLER
All 24-hour controllers shall be Dayton #2E 213 or an approved.
SPECIFICATIONS
ELECTRIC VALVES
All Electric` Valves shall be Weather-Matic 8000 series, 3", or
an approved equal.
All valves being judged as equals must comply with Weather-Matic's
Flow Characteristic and Pressure Loss Characteristics.
SPECIFICATIONS
DOUBLE CHECK VALVE
All double check valves to be Febco,4805,6", or an approved equal.
SPECIFICATIONS
CONCRETE VAULTS FOR DOUBLE CHECK VALVES
All concrete vaults for double-check valves shall be 700 series as
manufactured by Brooks Products or an approved equal
SPECIFICATIONS
GATE VALVES
All gate valves shall be Jenkins Fig. 32:5, Fig. 326, and Fig. 746
or an approved equal.
All gate- valves being judged as equal must be domestic and have similar
internal parts.
SPECIFICATIONS
VALVE BOXES
Valve boxes for automatic valves shall be DFW Plastics #B-1324
or approved.equai. Dimensions shall be 15 3/4"x 25 1/4 rectan-
gular by 15" deep.' The lid shall be botted down by 2 3/8" SS bolts.
All gate valves to be installed with 10" valves boxes.
SPECIFICATIONS
BOOSTER PUMPS
All booster pumps to be centrifugal, single stage, end suction,
motor driven pumps.
All pumps to be 230-480 volt, three phase. All pumps to have pump
controls included (Starter w/ heaters and disconnect w/fuses).
SPECIAL CONDITIONS
I� INFORMATION FOR BIDDERS
A. Work to be done by Contractor:
The work to be done under these specifications and plans,
consists of the handling and installing of various fittings,
valves, sprinklers, pipe, and other necessary and required
materials and work for the construction of the'automatic
sprinkler system, and the quick -coupling hosebib system,
as shown on the plans and as called for herein. The con-
tractor shall furnish all material, equipment, labor, and
superintendence necessary to complete the construction of
all work as shown on the plans and called for in these speci-
fications. All construction and other work shall be done
' in the best and most workmanlike manner.
B. Work to be done by Park and Recreation Department:
P, representative of the Park & Recreation Department
shall visually inspect all material before installa-
tion and approve such.materials.
The Park and Recreation Department shall install all
water meters at the locations indicated on the plans.
C. Examination of the Site:
The bidder should make an examination of the site of
the work, in order to familiarize himself with the
conditions to be encountered. No extra compensation
will be allowed for any work made necessary due to
unusual conditions and/or obstacles encountered dur-
ing the progress of the work.
D. Discrepancies:
In case of discrepancies between the specifications
and the drawings, the Superintendent of Parks and/or
his representative shall determine which of the two
shall govern.
E. Responsibility of Materials:
The Contractor shall be responsible for all such
material furnished by him and he shall replace at his
own expense all such material that is found to be
defective in manufacture or has become damaged in
handling after shipment. _
F. PROTECTION OF PROPERTY
1. The contractor shall report to the Landscape Architect
at the Parks & Recreation Dept., phone 762-6411, ext. 2664.
2. The contractor shall be responsible for the preservation
and protection of all trees, plants, monuments, structures, -
etc., from damage due to this work. In the event damage
does occur, all damage to inanimate items shall be com-
pletely repaired to the satisfaction of the owner, and
all injury to.living plants shall be repaired by the owner
or such persons as it may employ to accomplish this
work. All the costs of such work shall be charged to
and paid by the contractor.
3. All trenching or other work under the limb spread of any
and all .evergreens shall be done so that no limbs or
branches are damaged in any way. All trenching or
other excavation shall be no less than six (6) feet from
the trunk of any tree or shrub.
4. Damage to lawn areas shall be kept to a minimum, and any
unnecessary damage beyond the limits of excavation, or
normal working areas shall be repaired by the contractor
or such persons as it may employ. All the cost of such
work shall be charged to and paid by the contractor. No
trench excepting at taps, tees, crosses, and meter loca-
tions, shall exceed 20 inches in width for the irrigation
water distribution system and nine (9) inches in width
for the flexible plastic•laterals.
G. CLEAN-UP
I. The contractor shall, immediately after completion of
installation of the entire system thoroughly pick up
and remove any and all rubbish from and/or as a result
of the processes of installing the automatic sprinkler
system, and the quick -coupling hose -bib system.
2. All related structures and equipment of said contractor
shall be removed from the site and the site shall be
left in a neat, presentable, and approved condition.
Approval of the site condition shall come from the Super-
intendent of Parks or his representative.
H. REPLACE PAVING AND CURBS
1. Where trenches and lines cross existing roadways, paths,
curbing, etc., damage to these shall be kept to a minimum
and shall be restored to as near original condition as
possible.
This restoration shall be as follows:
a. Match existing road section for asphalt paving -
thoroughly compacted sub -base, base course, bi-
timinous course matching grades of existing paving.
b. Concrete curbs - concrete formed and shaped to
match adjoining curbs.
2. The quality of the materials used in this restoration
shall be equal 'to or better than the material which was
removed, as determined by owner.
I. Barricades and Protective Measures:
The contractor shall employ the use of all flares, flags.
and barricades necessary to insure the protection of persons
from injury and to avoid property damage.
J. Conditions for Approved -Equal:
Unless the clause "or equal" is used in the specifications
pertaining to a material or article, only the SPECIFIED _
item or one of the specified items shall be used. In the
•i event, however, that the clause "or equal" is used in the
specifications pertaining to a material or article the written
` approval of the Superintendent of Parks must be obtained
prior to purchase or use of any substitute. Such approval
or disapproval shall be -considered final. Any decision
shall be based on the comparative ability of the material
or article to perform fully, all purposes of mechanics and
general design considered to be possessed by the item
specifically described.
These automatic sprinkler systems have been designed
specifically for the use of the equipment indicated
in the Materials List. Pipe sizes have been determined
by the operating characteristics of the specified
sprinklers. Any substitution must not alter or destroy
the operation and intent of the design. See section
on redesign
K. Electric Power Supply:
The Contractor shall install all irrigation controllers and pump
controls in proper manner to wall of pump station. The owner
shall install electrical from primary to installed controls.
L. Valves and Controllers:
All valves shall be of same type, series, manufacture and
the controller shall be of the same series and manufacture
as that of the companion valves.
M. Water Supply
The contractor shall follow standard procedure in setting double
check and connecting the system to the water source to meet City
code.
N. Prosecution of the Mork:
The Contractor will be allowed to prosecute the work to
the best interest of the job; however, the work will have
to be carried on in such a manner as to interfere as little
as possible with traffic and cause as few interruptions of
utility service as possible. No night work will be permitted.
0. Proposal, Bond and Contract Forms:
Bidders are required to use the proposal form attached hereto
and made a part of the Contract Documents. A Certified Check,.
Cashier's check or Bid Bond for at least five (5%) per cent
of the largest possible bid shall accompany the proposal.
This bid security shall be made payable without condition
to the City of Lubbock as a guarantee that the Bidder, if
awarded the contract, will propmtly execute such contract
in accordance with the proposal and in the manner and form
required by the contract documents, and will furnish good
and sufficient bonds for the faithful performance of the
same. The bid security of the three lowest bidders will
be retained until the contract is awarded or other disposi-
tion is made thereof. The bid security of all bidders ex-
cept the three (3) lowest will be returned promptly after
the canvass of. bids.
Attention is called to the forms of contract and bond in-
cluded in these specifications which the successful bidder
will be required to execute within ten (10) days after
notice of award of the contract.
The Owner reserves the right to reject any or all pro-
posals, to waive formalities and to accept the bid which
seems most advantageous to the Owner's interests.
P. Insurance•
The Contractor shall not begin work under this contract until
he has obtained all insurance as required below, has furnished
proof of same to the Owner, and the Owner shall have approved
the same.
I. The Contractor- shall obtain as Owner's
Protective Liability Insurance Policy
naming the City of Lubbock as the insured,
and the amount of the policy shall be
as follows:
In an amount not less than .$500,000for
injuries,to any one person including
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accidental death; and subject to the
above limit for each person, in an amount not
less than ;$500,000 per accident; and not less
than$1oo,00o for property damage.
The Contractor must furnish the original policy to the City
of Lubbock prior to the commencement of performance for the
contract by the Contractor.
II. The Contractor shall obtain a Builder's
Risk policy in the amount of the contract
in event the plans and specifications pro-
vide for a structure or in the event the
work product may be damaged by fire or any
other element and the City of Lubbock is
obligated by the terms of the contract to
make advance payments as the performance of
the contract progresses. A Builder's
Risk policy will not be required where the
City of Lubbock pays no money until the job
is finally accepted by the City of Lubbock
for in such event the construction shall be
at the Contractor's risk.
III. The Contractor shall obtain a Workmen's
Compensation policy in the amount required
by law prior to the commencement of the
performance of the contract.
IV. The Contractor shall obtain a Manufacturer's
and Contractor's General Liability policy as
follows:
In an amount of not less than $100,000for
injuries, including accidental death, oto
-any one person; and subject to the above
limit for each person, in an amount not less
than $300,0oo per accident; and not less
than $100,000 property damage.
The City reserves the right to require
additional property damage coverage where
the Contractor will be working in, on,
or around existing City property that may
be damaged by the Contractor of sub -contra-
ctors.
V. The Contractor shall obtain automobile and
vehicle insurance coverage in an amount
not less than $100,000 for injuries, in-
cluding accidental death, to any one per-
son; and subject to the above limit for
each person, in an amount not less than
$300,000 per accident, and property dam-
age in an amount not less that $100,000.
VI. The Contractor shall furnish insurance certificates
stating that the coverage includes all sub -contractors
or shall be accompanied by a letter stating that no
work will be sub -contracted. Owners of trucks and
other equipment hired by the Contractor shall be
considered as sub -contractors.
Q Labor:
Attention is called to the fact that there must be paid on the
project not less than the general prevailing rates of wages. The
contractor must abide by the wage and Hour Laws of the State of
Texas and must pay not less than the rate legally prescribed.
.R. Time of Completion:
Work shall be done only during regular and commonly accepted and
prescribed working hours. No work shall be done nights, Sundays,
or regualr.holidays unless a special order is given by the
Landscape Architect to do so. Eight (8) hours shall consti-
tute a day's work and the Contractor shall observe all State laws
governing the hours of work. Thp work as called for under this
contract shall be completed by
S. Provisions Concerning Escalator Clauses:
'Proposals containing any condition which provides for changes in
the stated bid prices due to increases or decreases in the costs
of materials, labor or other items required for the project, will
be rejected and returned to the bidder without being considered.
T. Financial Statement, Experfence Record and Equipment Schedule:
,In order to provide the City Commission with information relative
to the responsibility of bidders and their ability to finance and
construct the work, each Bidder shall furnish with his proposal,
on forms provided°by the City, a sworn statement of his financial
condition and such other information as may be requested, relative
to his financial responsibility, experience and equipment.
U. Underground Utilities:
All known existing underground utility lines are shown on the
plans. The contractor's attention is directed to the fact
that others may exist and are not shown on the plans. It is
the Contractor's obligation to locate and familiarize himself
with all underground utilities crossing the proposed pipe line
and to provide for their safety. All utility lines cut or
damaged shall be repaired immediately to the owner's satisfaction
at the contractor's cost and expense.
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V. Use of Explosives:
The use of explosives will not be permitted.
W. Tax on Transportation Charges:
. •j
Amounts paid for the transportation of construction materials
consigned to a State or political subdivision of a State, in-
cluding an agency or instrumentality thereof, in case of a
contractor, for incorporation into a State project, are
exempt from tax on transportation of property imposed by .
Section 3475 of the Internal Revenue Code, if such materials
are consigned pursuant to instructions issued by the State
or political subdivision thereof authorizing such procedure.
Accordingly, the contractor herein is authorized by the
owner herein to have construction materials, necessary for
actual incorporation into the project covered by this con-
tract, consigned to the owner herein, in case of said con-
tractor, and said materials will be deemed to have been pur-
chased by said owner, and no federal transportation tax shall
be paid thereon.
This provision is not intended and shall not be construed
as relieving the contractor from paying for said materials,
so consigned hereunder, or of any and all costs in connection
with the furnishing of said.materials to the project, in-
cluding all transportation costs and incurred demurrage.
X. Water:
The Contractor -shall contact the City Water Superintendent
and make arrangements for connections to fire hydrants. The
Contractor will be charged $10.00 for each connection to a
fire hydrant. The Contractor shall be required to meter all '
water used and the Owner will furnish a 2 inch meter for this
purpose., The Contractor shall be responsible for the .proper
care of the meter but shall not move the meter from one
location to another. The Contractor shall make his own
arrangements for hauling the water to the point where the
water is.required. No charge will be made by the City
for water used for backfilling, filling and testing, and
for concrete work.
Y. Guarantee:
The Contractor shall, for one year period, guarantee the
water systems to operate properly and to be free from
defective material and from inferior workmanship. Such one
year period shall begin on the day the project is accepted,
in writing, by the Park and Recreation Department, as complete
and ready for operation, and shall terminate three -hundred
sixty-five (365) calendar days later.
Z. Redesign•
The system may be redesigned subject to the following
limitations:
1. Astatic pressure of 90 at the head.
2. All redesigns must be submitted to the Landscape
Architect, and be approved by him at least 48 .hours
prior to the closing of the bids.
3. All heads along the curb shall be so laid out
that the spray pattern does not extend into the
street, but they must cover completely all points
along and immediately adjacent to the curb line.
All heads along the lake edge may spray into the
lake in order to cover the area completely 41ong the
lake edge.
4. All pipe sized shall be adjusted to adequately
operate the substituted materials.
5. All redesigns will be checked by the specifications
. as shown in the catalogue of the substituted mate-
rials. Recommendations other than those shown in
these catalogues will not be considered.
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INSTALLATION OF SYSTEM
IV. INSTALLATION OF SYSTEM
'A. Handling of Materials:
The contractor shall exercise care in handling, loading, unloading
the storing all pipe, fittings, sprinklers, valves, controls, and
any other items used in the system. All PVC pipe and fittings shall
be stored under cover before using, and shall be transported in a
vehicle with a bed long enough to allow the length of pipe to lay
flat so as not to be subject to undue bendinq or concentrated external
Toad at any point. All sprinklers, valves, and controllers shall be
adequately protected from damage.
B. Trenching:
Trenches for pipe shall be straight with bottoms on uniform slopes
and of sufficient depth for sprinkler head to have an operable swing
joint. In a common ditch situation, laterals shall be placed no
closer than two feet and back filled with six inches of sand.
C. Backfill:
Trenches shall be backfilled with the excavated earth after all clods
and rocks larger than 3 inches maximum dimension have been broken or
removed. Backfill shall be placed in layers, the thickness of which
shall depend upon the nature of the material and the method of compac-
tion used. Flooding of trenches shall be used to compact the soil.
• Care should be taken to place any previously tilled and fertilized soil
in the top portion of the trench. Such soil shall be placed in a layer
of the same thickness as existed prior to the excavating work. The
placing of the subsoil in the top 6" of backfill will not be allowed.
D. Laying of PVC Pipe:
1. Minimum ground cover over PVC pipe shall be as follows:
a. All laterals that supply impact rotary heads shall be 24"
below finished grade.
b. All laterals that supply gear driven pop up heads shall be
18" below finished grade.
c. All laterals that supply pop up spray heads shall be 12"
hRlow finished grade.
2. All piping and wiring installed under roads, parking lot and concrete
walks shall be sleeved.
3. All lumber, rubbish, and large rocks shall be removed from the
trenches. Pipe shall have a firm, uniform bearing for the entire
length of each pipe line to prevent uneven settlement. Wedging
or blocking of pipe will not be permitted. Pad the trenches with
dirt or sand if the soil is extremely rocky.
4. PVC shall not be laid when there is water in the trench. Neither
will PVC pipe be laid when the temperature is 320 F or below.
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2. Quick -coupling valves shall be installed as indicated on plan with
a concrete doughnut. (See detail).
3. All quick couplers shall be installed on double swing-joi.ng risers
of schedule $0 PVC. Angles nipple shall be no more than 450 and no
less than 10 . Top shall be flush with finish grade. (See detail).
H. Sprinkler Head Installation:
1 After tests and backfilling,•install all sprinkler heads and adjust
to assure proper coverage. Install shrub sprays to 6" above finish
and bubbler heads to 2" above finish grade. Install pop-up sprays
and pop-up gear driven heads with finish .grade. Install adjustable
double swing joint risers with three 90° ells, two 6" nipples and
a 12" nipple.
2. Pop-up spray heads shall be installed on swing joints. Part circle
.heads shall be adjusted for proper coverage.
I. Installation of Controller:
special controller shall be housed in pump station. All wiring inside
building shall be installed in rigid conduit, according to all applicable
electrical codes. Controllers installed shall be mounted at eye level.
J. Use of Crosses:
No crosses shall be used at any place to join lengths of pipe or make
connections in any of the water systems.
K. Leakage Test:
After the pipe has been laid each valved section of the pipe shall
be subjected to a leakage test. Each section shall be slowly filled
with water to existing pressure. As the lines are being filled and
before inspection of the line for leaks, all air shall be expelled
from the pipe. Air may be released through valves at highest points
of elevation in each section.
After the line has been filled, each joint of pipe in the line
shall be inspected for leaks. Any joints showing leaks shall be
repaired and any cracked or defective pipes or fittings shall be
removed and replaced with sound materials in the manner provided
and the test shall be repeated until satisfactory results are obtained.
If leaks should occur and/or the system or parts of the system should
function improperly due to poor workmanship and/or defective material,
within the one year period of guarantee, the contractor shall furnish,
at his expense, defective and/or function improperly. Such items shall
be installed complete in place by contractor.
L. Flushing:
1. Before sprinkler heads are set, the lines shall be thoroughly flushed
in order to make sure there is no foreign matter in the lines. Flushing
procedures must be approved by Parks and Recreation Department.
2. Prior to final acceptance, balance and adjust all components of
the system. This includes synchronizations of controller., indivi-
dual station adjustments on controllers, ARC adjustments to part
circle sprinler heads and radius adjustment of sprinkler heads.
M. As -Built:
Contractor shall provide the Owner with Mylar "As Built" drawings
of completed project(s). Main line, laterals and head locations
shall be on one sheet only. All valve locations shall be on one
sheet only. All valves are to be numbered according to how system
is programmed. All installation changes which occured from original
desing are to be indicated. Contractor will also provide the Owner
with complete set of instructions for operating the system.
N. Guarantee:
During a period of one year from and after the final acceptance of
the entire work, except as provided herein, the contractor shall,
at his own expense, make all needed repairs or replacements due to
• defective workmanship or materials which, in the judgement of the
engineer, shall become necessary during such period. If within ten
i (10) days after the mailing of a written notice by the manager to
the contractor shall neglect to make or undertake with due dilegence
to make the same, the Swner may make such repairs at the Contractor's
expense; provided, however, that in the case of emergency where, in
the judgement of the manager, delay would cause serious loss or damage,
repairs or replacement may be made without notice being sent to the
contractor, and the contractor shall pay the cost thereof. Any expense
due to vandalism before final acceptance shall be borne by the con-
tractor; owner shall pay for vandalism after final.
The thrust blocks for all 3" and larger PVC pipe shall be
sized and placed in accordance with the Manufacturer's
recommendation.
F. Wiring
1. Only specified wire shall he used. (See Specifications, Section III).
2. Control wiring between controller and electric vilves shall
be buried in sprinkler line trenches or in separate trenches.
(note on as -built drawings and installed in conduct.)
3. Electrical connection at valve will allow for pigtail.so
solenoid can be removed from Valve with sufficient slack
to allow ends to be pulled 24" above ground for examination
and cleaning.
4. All 24 volt wires shall be bundled at 15' to 20' intervals
and laid with main line pipe to one side of the trench.
(note on as -built drawings.)
5. An expansion loop shall be provided at every valve and
every 100 feet.
6. All 120 volt wires shall be bundled at 15' to 20' intervals
and laid on opposite side of main line pipe from -the 24
volt wires.
7. All 120 volt splices shall be made at electrical service
Fox.
8. A single wire to each solenoid from the controller and a
common neutral wire to all solenoids from the controller
shall serve as the power supply. (power -red, coninon-white.)
9. Moistite wire connectors or approved equal shall be used on all
splices. '
10. An expansion loop shall be provided within three (3) feet
of each wire connection to a solenoid, and at least every
100" of wire length or runs more than 100' in length.
(Expansion loops are easily formed by wrapping at least
five (5) turns of wire around a rod or pipe 1" or more in
diameter, then withdrawing rod.)
G. Installation of Valves
1. Electric valves_ shall be installed as indicated on the
drawings. .
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5. The pipe shall be snaked from side to side of trench bottom
to allow for PVC pipe's characteristic expansion and con-
traction of 1/2" per 100' per 10° F change in temperature.
' 6. All foreign matter or dirt shall be removed from the inside
of the pipe before joining, and piping shall be kept clean
by approved means during and after laying of pipe.
E. Joining:
1. Threaded Connections: On PVC to metal connections, the
contractor shall work the metal connections first. Teflon
tape shall be used on all threaded PVC to metal joints,
and light wrench pressure is all that should be used.
Where threaded PVC connections are required, use threaded
PVC adapters into which the pipe may be welded.
2. Solvent Welding of PVC Pipe & Fittings: Contractors shall
use only the solvent supplied and/or recommended by the
manufacturer to make solvent welded joints. There shall
be no less—than 6" of pine between anv two fittinas.. The
pipe and fittings shall be thoroughly cleaned of dirt,
dust, and moisture before applying solvent. Contractor
shall make solvent welds with a non -synthetic bristle
brush in the following sequence.
a. Cut pipe square with fine-tooth hack saw.
b. Remove all burr form the cut pipe end.
c. Clean dirt and moisture form pipe and fitting socket.
(Use thinner if necessary).
d. Apply solvent to outside of pipe.
e. Apply solvent to inside of fitting socket.
f. Reapply solvent to outside of pipe.
g. Stab pipe to stop in fitting socket, rotate
approximately 1/4 turn.
h. Hold joint about 30 seconds to set.
i. Do not apply water pressure for 24 hours.
3. Ring-Tite Joints:
a. Lubricate pipe with lubricant supplied by speci-
fied pipe.
b. Push pipe end into bell and ring.
c. Align joint stripe with end of ball.
4. On 3" and larger belled PVC water lines, furnish and install
thrust blocks at all changes in direction of piping.
Thrust blocks shall be formed by placing concrete between the pipe
and trench wall. Thrust blocks shall be adequate size and so placed
as to take all the thrusts created by the maximum internal water
pressure. Concrete shall be 3,000 psi in 28 days. #3 rebars are to
be installed vertically for additional support.
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NOTICE OF ACCEPTANCE -
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' NOTICE OF ACCEPTANCE
T0:
(Name of Bidder)
(Address of -Bidder)
(City and.State of Bidder)
The City of Lubbock, having considered the proposals submitted and opened
on the day of , 19 for work to be done and
materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents
for such work for the City of Lubbock; it appearing that ;your proposal is
fair, equitable and to*the best interest of said City, please take notice that
said proposal was accepted by the City Council of thc. City of Lubbock on the
day of , 19 , at the bid price contained
therein, subject to the execution of and furnishing of all contract documents,
bonds, certificates of insursnce, and all other doc•.;;ments specified and required
to be executed and furnished under the contract docwm:nts. It will be necessary.-,-._
for you to execute and furnish togthe.City of Lubbock all such documents
within ten (10) days from your receipt of this Notice.
The -five (5X) per cent bid security, submitted with your proposal'.will k
be returned upon the execution of such contract c?ocuments 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 01 LL-MCK ".
Owners Representative'.:
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