HomeMy WebLinkAboutResolution - 764 - Contract - Joe Miller Plumbing - Boiler Replacment, Tax Office At 1001 Texas Ave - 03/26/1981DWR:dh RESOLUTION 4764 - 3/26/81
BID 6277
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a
Contract between Joe Miller Plumbing Services Company, Lubbock, Texas
and the City of Lubbock furnishing all necessary materials, labor and
supervision to remove the old boiler, unused parts, piping and install a
new boiler complete with new controls, piping and wiring. Also Dismantle
and remove old gas air conditioning, chillers and all piping, parts,
wiring and equipment; such Contract is 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 26th day of March ,1981.
�
AgWAZLISTER, MAYOR
ATTEST:
ely�r Ga fga, City ec a y -Treasurer
APPROVED AS TO CONTENT:
Cecil Turq ette, Builong and Energy Administrator
AS TO FORM:
W. Reagan, M siWafft City Attorney
RESOLUTION #764 - 3/26/31
Bid #6277
r
♦ T'
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 26th day of March ,
A.D. 1981, by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through Bill McAlister , Mayor, thereunto
authorized to do so, hereinafter referred to as OWNER, and
JOE MILLER PLUMBING SERVICES COMPANY, LUBBOCK, TEXAS
of the City of Lubbock , County of Luhhnrk
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:
For the furnishing of all necessary materials, labor, and supervision to
remove the old boiler, unused parts, piping, etc., and install a new boiler
complete with new controls, piping, wiring, etc., in the basement of the City
Tax Office building located at 1001 Texas Avenue, Lubbock, Texas, in accordance
with the contract documents forming this contract, and all extra work in
connection therewith, under the terms as stated in the contract documents and
at his (or their) own proper cost and expense to furnish all materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to complete the said construction in accordance
with the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the perfor-
mance of the contract in accordance with the proposal submitted therefor,
subject to additions and deductions, as provided in the contract documents and
to make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Texas in the year and day first above written.
CITY OF LUBBOCK, T (OWNER)
BY
OR
ATTEST:
,Secretary
JOE MILLER PLUMBING SERVICES COMPANY
ATTEST:
Secretary
COMPLETE iD•
1
APPROVED AS TO CONTENT:
ecil Turq tte, Buildlid and Energy
III dministra or
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or
First Party, are used in this contract, it shall be understood as referring to
the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part,
or Second Party, is used, it shall be understood to mean the person, persons,
co -partnership or corporation, to -wit: JOE MILLER PLUMBING SERVICES COMPANY
who has agreed to perform the work embraced in
this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in
this contract, it shall be understood as referring to Cecil Turquette
, 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.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required,"
"Considered Necessary," "Prescribed," or words of like import are used, it
shall be understood that the direction, requirement, permission, order, 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
shall be decided by the Owner's RepresentAtive, and said work shall be done in
accordance with his interpretations of the meaning of the words, terms, or
clauses defining the character of the work.
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. 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.
11. 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.
12. CONTRACTOR'S UNDERSTANDING
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.
13. 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.
14. 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
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
(15%) 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
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 100%, unless otherwise specified, of the
latest Schedule of Equipment and Ownership Expenses adopted by the Associated
General Contractors of America. Where practical, the terms and prices for the
use of machinery and equipment shall be incorporated in the written extra work
order. The fifteen per cent (15%) of the actual field cost to be paid to
Contractor shall cover and compensate him for his profit, overhead, general
superintendence, and field office expense, and all other elements of cost and
expense not embraced within the actual field cost as herein defined, save that
where the Contractor's Camp or Field Office must be maintained primarily on
account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in
writing by 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 it 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.
15. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work
described in the proposal, the specifications, plans and other contract 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 these contract documents as interpreted by Owner's
Representative. If the Contractor finds any discrepancies or omissions in
these plans, specifications, or contract documents, he should notify the
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.
16. 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.
17. 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.
(B) Owner's Protective or Contingent Public Liability Insurance and
Property Damage Liability Insurance
The Contractor shall obtain an Owner's Protective or Contingent
Public Liability Insurance policy naming the City of Lubbock as an addi-
tional insured and the amount of such policy shall be as follows:
$ for bodily injuries, including accidental death,
to any one person, but limited to $ per occurrence,
and $ 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 $ for bodily injuries,
including accidental death, to any one person, but not less than
$ per.occurrence and in the amount of not less
than $ for property damage.
(C) Proof of Coverage
Before work on this contract is commenced, each Contractor and sub-
contractor shall submit to the Owner for approval 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.
18. 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.
19. TIME FOR COMPLETION
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-
braced in this contract shall be commenced on a date to be specified in the
Notice to Proceed.
"0. 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.
21. CORRECTION OF WORK AFTER PAIDIENT
Neither the 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.
22. 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.
1, JCR: cl
RESOLUTION .
RESOLUTION #719 2/12/81
WHEREAS, Art. 5159a, V.A.C.S. requires the public body awarding any
contract for public works to ascertain the general prevailing rate of per diem
wages in the locality in which the work is to be performed, and
WHEREAS, the above statute requires that said wage rate specify the
general prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute the public works contract, and
WHEREAS, the above statute further requires that the prevailing rate for
legal holidays and overtime work be set forth, and
WHEREAS, the above statute requires that the above mentioned wage rates
be specified in the call for bids on public works contracts and likewise be
contained in the public works contract itself; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL:
THAT the general prevailing rate of per diem wages for building con-
struction trades shall be as set forth in Exhibit A, attached hereto and made
a part hereof for all purposes.
THAT the general prevailing rate of per diem wages for highway -heavy
construction and paving trades and crafts shall be as set forth in Exhibit B,
attached hereto and made a part of this resolution for all purposes.
THAT the prevailing rate of per diem wages for electric construction
trades shall be as set forth in Exhibit C, attached hereto and made a part
hereof for all purposes.
THAT the prevailing rate for overtime work in excess of 40 hours in a
regular work week shall be (111) one and one half times the rate shown on the
exhibit applicable for each trade or craft in question.
THAT the prevailing rate for weekends and legal holidays shall be
(1k) one and one half times the rate shown on the exhibit applicable for each
trade or craft in question.
THAT the foregoing wage rates shall be made available to all bidders for
their inspection and the call for all bids for public works contracts shall so
state.
THAT each public works contract entered into by the City of Lubbock shall
contain said wage rate schedules.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the attached wage rates are found to be the general prevailing
rate of per diem wages in:all localities where public works are under-
taken on behalf of the City of Lubbock.
Passed by the City Council this 12th day of Febrilary ,1981.
B L MCALIS ER, MAYOR
AT EST:
EvelynGa fga, City S c t -Treasurer
APPRO ED AS TO
FORM:
�
Jo C. Ross, Jr., City Attorney
BUILDING CONSTRUCTION PREVAILING RATES
f CRAFT
Air Tool Operator
Asbestos Worker
Boilermaker
Bricklayer, Stone Mason
Carpenter
Cement Finisher
Electrician
Glazier
Iron Worker
Laborer, General
Lather
Marble Setter.
Mason Tender
Millwright, Day Rate
c
{ Mortar Mixer
Operators, Equipment:
Heavy Equip.
Light Equip.
Oiler
Painters:
Brush
Spray
t Pipefitter, Plumber
Plasterer
Roofer
!� Sheet Metal Worker
t Soft Floor Layer
! Terrazzo Worker
i
Tile Setter
{ Truck Driver
EXHIBIT A
LUBBOCK
$5.37
6.00
14.0011
9.34
8.82
7.19
9.70
7.00
6.75
4.47
10.00
5.60
5.7211
7.50
5.7211
7.70
5.38
5.70
7.45
7.69
11.69
9.68
6.00
8.84
6.00
6.85
6.00
3.50
HIGHWAY -HEAVY CONSTRUCTION AND
PAVING AND UTILITIES
CLASSIFICATION
HOURLY RATE
Asphalt Heaterman
$4.65
Asphalt Raker
4.87
Asphalt Shoveler
3.50
Batching Plant Scaleman
5.00
Carpenter
5.95
Carpenter Helper
5.00
Concrete Finisher (Paving)
6.50
Concrete Finisher Helper (Paving)
4.60
Concrete Finisher (Structures)
5.35
Concrete Finisher Helper(Structures)
4.75
Electrician
8.10
Form Builder (Structures)
5.55
Form Setter (Paving & Curb)
5.50
Form Setter Helper (Paving & Curb)
4.00
Form Setter (Structures)
5.50
Form Setter Helper (Structures)
4.50
Laborer, Common
3.50
Laborer, Utility Man
4.05
Manhole Builder, Brick
4.50
Mechanic
5.36
Mechanic Helper
4.00
Oiler
5.00
Serviceman
4.70
Pipelayer
4.50
Pipelayer Helper
3.50
Powderman
5.50
EXHIBIT B
CLASSIFICATION HOURLY RATE
POWER EQUIPMENT OPERATORS:
Asphalt Distributor $ 5.00
Asphalt Paving Machine 4.70
Broom or Sweeper Operator 4.00
Bulldozer, 150 HP & Less 4.50
Bulldozer, Over 150 HP 5.65
Concrete Paving Finishing Machine 4.35
iConcrete Paving Saw
4.00
Crane, Clamshell, Backhoe,
Derrick,
Dragline, Shovel (Less than
111 CY)
5.50
Crane, Clamshell, Backhoe,
Derrick,
i Dragline, Shovel (111 CY &
Over)
6.00
Crusher or Screening Plant
Operator
4.35
Elevating Grader
4.00
Foundation Drill Operator
(Crawler Mounted)
5.85
Foundation Drill Operator
(Truck Mounted)
7.00
Foundation Drill Operator
Helper
4.50
Front End Loader (2� CY &
Less)
4.50
Front End Loader (Over 231
CY)
4.88
Motor Grader Operator, Fine
Grade
6.00
Motor Grader Operator 5.66
Roller, Steel Wheel (Plant -Mix Pavements) 4.25
Roller, Steel Wheel (Other -Flat Wheel
or Tamping) 4.30
Roller, Pneumatic (Self -Propelled) 4.00
Scrapers (17 CY & Less) 4.51
Scrapers (Over 17 CY) 4.75
Tractor (Crawler Type) 150 HP & Less 4.05
EXHIBIT B
CLASSIFICATION
POWER EQUIPMENT OPERATORS: (cont.)
Tractor (Crawler Type) Over 150 HP
Tractor (Pneumatic) 80 HP & Less
Tractor (Pneumatic) Over 80 HP
I Traveling Mixer
Trenching Machine, Light
Wagon Drill, Boring Machine or
Post Hole Drill Operator
Reinforcing Steel Setter (Structures)
Spreader Box Man
Swamper
TRUCK DRIVERS:
I '
Single Axle, Light
Single Axle, Heavy
Lowboy -Float
Welder
Welder Helper
EXHIBIT B
HOURLY RATE
4.50
4.00
4.55
4.25
4.20
4.60
6.10.
4.80
4.55
4.05
4.08
4.75
5.40
3.50
ELECTRIC CONSTRUCTION TRADES
Power Line Foreman $8.51 hr.
Lineman Journeyman 8.24 hr.
Lineman Apprentice Series 6.18 hr.
Groundmen Series 5.51 hr.
EXHIBIT C
Specifications
Peerless Series 211 or Equal Atmospheric
Low Pressure Cast -Iron Sectional
Gas Fired Boilers
A.G.A. Texted, Certified and Listed
BOILER - GENERAL REQUIREMENTS:
Boiler shall be of a low pressure cast iron design and constructed in accor-
dance with the provisions of Section IV of the A.S.M.E. Boiler and Pressure
Vessel Code for Heating Boilers and shall be stamped with the required official
A.S.M.E. symbol. Boiler shall be tested, certified and listed in accordance
with the requirements of the American Gas Asosciation Laboratories in accord-
ance with A.N.S.I. Z21-13 standards. Boiler shall be certified and listed by
the Hydronics Institute of Boiler and Radiator Manufacturers.
Boiler shall be capable of developing the full A.G.A. listed gross output
capacity at 100% firing rate and include the A.G.A. symbol of certification.
The boiler shall be A.G.A. certified for a minimum input rate at 25 percent
of the rated input.
Boiler section shall be hydrostatically pressure tested before shipment in
accordance with Section IV of the A.S.M.E. Boiler and Pressure Vessel Code.
Boiler shall be completely assembled at the job site in accordance with the
manufacturer's installation instructions and completed in a neat and acceptable
manner.
Boiler shall be thoroughly cleaned in accordance with the equipment manufacturer's
instructions before placing it in service.
Boiler shall be suitable for a steam system and stamped for a maximum working
pressure of 15 psig. The safety valve shall be A.S.M.E. listed, with a discharge
capacity equal to or greater than the gross input of the boiler when set at
15 psig.
Boiler section shall be evenly spaced to eliminate corrosion from long iron to
iron contact and sealed with heavy asbestos rope for complete retention of
products of combustion.
The boiler sections shall be assembled with flow port gaskets in each port
opening to assure a reliable and permanent water tight seal.
Boiler shall be furnished with a heavy gauge steel insulated flush jacket with
a baked enamel finish.
Boiler shall be furnished with inspection tappings and nipples with brass caps
located in the bottom front of each end section and every third intermediate
section.
The boiler shall have full opening and removable access doors at each end for
ease of inspection and cleaning of the flue ways without removing the jacket
assembly.
(Continued on Page 2)
I, PAGE 2
BOILER - GENERAL REQUIREMENTS, Continued
The flue collector shall be constructed of heavy gauge aluminized steel,
corrosion resistant and sealed to top of boiler sections with asbestos rope
to provide a gas tight seal. The draft hood shall be of the horizontal to
vertical design.
Main gas burners shall be constructed of aluminized steel - one piece design;
tested and certified by A.G.R. to provide quiet ignition and extinction at
25 percent to 100 percent input rate of the boiler.
A complete operating and maintenance manual including wiring diagram, start-up
and operating sequence and material list shall be given to the equipment owner.
BOILER FOUNDATION:
A level foundation shall be provided by the installing contractor with full
consideration given to the overall boiler dimensions and assembled weight.
Each boiler shall be a Peerless Model No. 211-5S or equal with Gross A.G.A.
Output of 672 M.B.H. and Net 1=B=R Rating of 504.1 M.B.H. for natural gas -
1000 BTU's/Cu. Ft. 0.6 Sp. Gr. Main gas supply pressure at the boiler 7".
BOILER TRIM:
Steam boiler shall be provided with an A.S.M.E. listed safety valve, compound
steam gauge and water gauge set.
BOILER CONTROLS:
Steam boiler shall be provided with a high limit control with manual reset,
operating control, primary low water cut-off (float type) and secondary low
water cut-off (probe type).
FLAME SAFEGUARD:
Boiler shall be provided with a solid state spark ignited electronic proven
safety pilot and thermally supervised auxiliary pilot(s) with 100% safety
shut-off. In the event of safety pilot flame failure, the main automatic
gas valve(s) close within (1) second and the 100% lock -out control will lock-
out within (30) seconds and de -energize the pilot valve and ignition circuit.
GAS LINE CONTROL ASSEMBLY:
Each gas line control assembly shall include a manual shut-off gas valve, gas
pressure regulator and a diaphragm automatic gas valve.
(Continued on Page 3)
a
a
PAGE 3
GAS LINE CONTROL ASSEMBLY, Continued
The inlet gas pressure to gas line control assembly shall be a minimum of
7.0" W.C. and a maximum of 8.0" W.C. for natural gas.
Should the available inlet gas pressure exceed 8.0" W.C., a gas pressure
regulator of the lock-up type must be installed in the main gas supply to
provide a maximum lock-up outlet pressure of 8.0" W.C.
i
Alternate No. 1 Add
Dismantel and remove old gas air conditioner, chillers and all un -needed
piping, parts,.wiring and equipment, leaving the mechanical room in a good
and clean condition.
BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
PLACE Lubbock, Texas
DATE March 16. 1!9Al
PROJECT NO. # 7%
Proposal of Joe Miller Plumbing Servide Company (hereinafter
called "Bidder")
To the Honorable Mayor and City Council
City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction
of a Removing and installation at -inn of New Rni l Pr_ Tax nff i ep
having carefully examined the plans, specifications, instructions to bidders,
notice to bidders and all other related contract documents and the site of the
proposed work, and being familar with all of the conditions surrounding the
construction of the proposed project including the availability of materials
and labor, hereby proposes to furnish all labor, materials, and supplies; and
to construct the project in accordance with the plans; specifications and
contract documents, within the time set forth therein and at the price stated
below. The price to cover all expenses incurred in performing the work re-
quired under the contract documents, of which this proposal is to be a part,
is as follows:
($ 6,9$6.00 )
(Amount shall be shown in both words and figures. In case of discrepancy,'the
amount shown in words shall govern.)
To remove old Air Conditioner chillers add $1,200.00.
Bidder hereby agrees to commence the work on the above project on or
before a date to be specified in,a written "Notice to Proceed" of the Owner
and to fully complete the project within 84 consecutive
calendar days thereafter as stipulated In the specifications and other contract
documents. Bidder hereby further agrees to pay to Owner as liquidated damages
the sum of $ 0 for each consecutive calendar day in
excess of the time set forth hereinabove for completion of this project, all
as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed
and submitted in accordance with instruction number 13 of the General Instruc-
tions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all
bids and to waive any formality in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn
for a period of thirty (30) calendar days after the scheduled closing time for
receiving bids.
r
The undersigned Bidder hereby declares that he has visited the site of
the work and has carefully examined the plans, specifications, and contract
documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed,
and to substantially complete the work on which he has bid; as provided in the
contract documents.
Bidder understands and agrees that the contract to be executed by Bidder
shall be bound and include all contract documents made available to him for
his inspection in accordance with the Notice to Bidders.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Joe Miller Plumbing Service Co.
Contrac r
G
BY:
yvVe Miller, owner
620 - Brownfield Hiway
Lubbock, Texas 79107
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 Purchasing Agent, 916
Texas Avenue, Lubbock, Texas, until 4 o'clock P .m. on the 16th day
of March , 1981 , to furnish all labor and materials and perform
all work for the construction of the following described project:
For the furnishing of all necessary materials, labor and supervision to remove
the old boiler, unused parts, piping, etc., and install a new boiler complete
with new controls, piping, wiring, etc., in the basement of the City Tax
building located at 1001 Texas Avenue, Lubbock, Texas, in accordance with the
plans and specifications of this contract.
After the expiration of the time and date above first written said.sealed pro-
posals will be opened by the Purchasing Agent 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 26th day of March ,
1981 , at City Hall Lubbock, Texas, or as soon thereafter as may be reasonably
convenient, subject to the right to reject any or all bids and waive any for-
malities.
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.
All bidders wishing to examine and inspect the job site shall -.contact Cecil
Turquette, 762-6411, Ext. 2200, and shall examine such job site with him.
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.
Attention of each bidder is particularly called to the schedule of general
prevailing rate of per diem wages included in the contract documents on file
in the office of the Purchasing Agent of the City of Lubbock, which document
is specifically referred to in this notice to bidders. Each bidder's attention
is further directed to provisions of Article 5159a, Vernon's Ann.Civ.St., and
the requirements contained therein concerning the above wage scale and payment
by the contractor of the prevailing rates of wages as heretofore established
by owner in said wage scale.
City of Lubbock
BY:
Floyd P. Nesbitt,
NOTICE Director of Purchasing
PLEASE MARK BID RETURN ENVELOPE WITH THE FOLLOWING:
REFERENCE BID #6277 CLOSE: 3-16-81; 4:00 P.M.
TITLE: REMOVING & INSTALLATION OF NEW BOILER, TAX OFFICE
GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the
following:
Furnishing all necessary materials, labor and supervision to remove the
old boiler, unused parts, piping, etc., and install a new boiler complete
with new controls, piping, wiring, etc., in the basement of the City Tax
Office building located at 1001 Texas Avenue, Lubbock, Texas, in accordance
with all plans, specifications, and contract documents which are a part
of this contract.
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. The contract documents, may be
examined without charge as noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed
within 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.
5. 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.
6. 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.
7. 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 guarantee which shall provide that the Contractor shall
remedy any defects in the work, and pay for any and all damages of any
nature whatsoever resulting in such defects, when such defects appear
within one year from date of final acceptance of the work as a result of
defective materials or workmanship, at no cost to the Owner (City of
Lubbock).
8. 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.
9. 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.
10. 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.
11. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general
prevailing rate of per diem wages included in these contract documents.
The wage rate which must be paid on this project shall not be less than
specified in the schedule of general prevailing rates of per diem wages
as abovementioned. The bidders' attention is further directed to the
requirements of Article 5159a, Vernon's Annotated Civil Statutes providing
for the payment of the wage schedules above mentioned and the bidder's
obligations thereunder. The inclusion of the schedule of general pre-
vailing rate of per diem wages in these contract documents does not
release the Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring an inspector
will not be performed on weekends or holidays unless the following con-
ditions exist:
(1) The project being constructed is essential to the City of Lubbock's
ability to provide the necessary service to its citizens.
(2) Delays in construction are due to factors outside the control of the
Contractor. The Contractor is approaching the penalty provisions of
the contract and Contractor can show he has made a diligent effort
to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on
weekends or holidays, the Contractor must notify the Owner's Representa-
tive not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the Owner's
Representative to do such'vwork. The final decision on whether to allow
construction work requiring an inspector on weekends or holidays will be
made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this
project or from the work being done under this contract which is hazardous
or dangerous to property or life, the Contractor shall immediately com-
mence work, regardless of the day of the week or the time of day, to
correct or alleviate such condition so that it is no longer dangerous to
property or life.
12. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The Contractor and each of his subcontractors shallpayeach of his
employees engaged in work on the project under this contract in full
(less mandatory legal deductions) in cash, or by check readily cashable
without discount, not less often than once each week. The Contractor and
each of his subcontractors engaged at the site of the work shall not
later than the seventh day following the payment of wages, file with the
Owner's representative, or Engineer, a certified, sworn, legible copy of
such payroll. This shall contain the name of each employee, his classi-
fication, the number of hours worked on each day, rate of pay, and net
pay. The affidavit shall state that the copy is true and correct copy of
such payroll, that no rebates or deductions (except as shown) have been
made, or will in the future be made from the wages paid as shown thereon.
The Contractor must classify employees according to one of the classi-
fications set forth in the schedule of general prevailing rate of per
diem wages, which schedule is included in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose
behalf this contract is made, ten dollars for each laborer, workman, or
mechanic employed for each calendar day, or portion thereof, such laborer,
workman or mechanic is paid less than the wages assigned to his particular
classification as set forth in the schedule of general prevailing rate of
per diem wages included in these contract documents.
13. 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 partner-
ship, or person duly authorized. If the proposal is submitted by a
company or corporation, the company or corporate name and business ad-
dress 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.
14. 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.
�t
M M
wr
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.
14. 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.
CITY SECRETARY -TREASURER 762-6411
P. O. Box 2000
LUBBOCK. TEXAS 79457
April 1, 1981
Mr. Joe Miller
Joe Miller Plumbing Services
5620 Brownfield Road
Lubbock, Texas 79407
RE: Resolution #764 - Contract for installation of boiler in
Tax Office (Bid #6277)
Dear Mr. Miller:
Enclosed herewith to you are copies of the above referenced document,
for which you are low bidder. These documents were approved by the
City Council March 26, 1981.
If you have any questions, don't hesitate to give me a call.
Sincerely,
EVELYN GAFFGA
City Secretary -Treasurer
Enclosure
cc w/attachment: Mr. Bill Payne
Director, Administrative Services