HomeMy WebLinkAboutResolution - 2002-R0540 - Contract For The Effluent Pumping Station - Acosta Drilling Company - 12_12_2002Resolution No. 2002—RO540
December 12, 2002
Item No. 41
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 for the Effluent
Pumping Station #2 pump upgrade, by and between the City of Lubbock and Acosta
Drilling Company of Lamesa, Texas and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 12th day of December , 2002.
MC-DOUGAL, MAYOR
ATTEST:
Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilm n, Purchasing Manager
APPROVED AS TO FORM:
D6dald G. Vandiver
First Assistant City Attorney
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Dec. 2, 2002
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CITY OF LUBBOCK
SPECIFICATIONS FOR
EFFLUENT PUMPING STATION #2, PUMP UPGRADE
ITB #249-02/BM
"A City Of Planned Progress"
CITY OF LUBBOCK
Lubbock,Texas
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ITB #249-02/RS, Addendum #1
City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
am 1625 13T" STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167 FAX: (806)775-2164
http://purchasing.ci.lubbock.tx.us
ADDENDUM #)
ITB #249-02/BM
Effluent Pumping Station #2 Pump Upgrade
MR MAILED TO VENDOR: November 1, 2002
CLOSE DATE: November 7, 2002 @ 1.00 p.m.
The following items take precedence over specifications for the above. named. Invitation to Bid (ITB). Where
any item called for in the ITB documents is supplemented here, the original requirements, not affected by this
.., addendum, shall remain in effect.
1. Specification Section 01100, Paragraph 1.03.E should be added to read:
"The existing Vertical Turbine Pump is to be removed by the contractor. The City of Lubbock will be
keeping the pulled vertical turbine pump
2. In the plans on Page 2 of Sheet E1 under the Key Notes: Note #6 should be added to read:
"Extend Three (3) ? twisted shielded cables in 3/4" conduit from the motor controller to the existing
RTU. Coordinate cable termination and requirements with plant personnel".
3. Specification Section 01100, Paragraph 1.03.17 should be add to read:
"In addition to the motor, the new drive will need to have a connection with the existing Butterfly
Valve Actuator. So that when the drive is started the Actuator will open. The existing pump and
actuator are currently wired for this type of operation and will need to be installed to work in the
same manner".
All requests for additional information or clarification must be submitted in writing and directed to:
Questions may be faxed to
or Email to:
Bruce MacNair, Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2164
bmacnair@mail.ci.lubbock.tx.us
THANK YOU,
CI OF LUBBOC •
Bruce MacNair
Buyer
249-02Add1.doc
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: EFFLUENT PUMPING STATION #2, PUMP UPGRADE
ADDRESS: LUBBOCK, TEXAS
ITB NUMBER: 249-02/13M
PROJECT NUMBER: 90127.9226.30000
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
1.
NOTICE TO BIDDERS
2.
GENERAL INSTRUCTIONS TO BIDDERS
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3.
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
F.
4.
PAYMENT BOND
5.
PERFORMANCE BOND
6.
CERTIFICATE OF INSURANCE
7.
CONTRACT
8.
GENERAL CONDITIONS OF THE AGREEMENT
9.
CURRENT WAGE DETERMINATIONS
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10.
SPECIFICATIONS
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NOTICE TO BIDDERS
ITB #249-02/13M
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Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 1:00
,.., o'clock p.m. on the 7th day of November, 2002, or as changed by the issuance of formal addenda to all planholders, to
furnish all labor and materials and perform all work for the construction of the following described project:
"EFFLUENT PUMPING STATION #2, PUMP UPGRADE"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in
the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written.
Bids are due at 1:00 o'clock n.m. on the 7th dav of November 2002, and the City of Lubbock City Council will
consider the bids on the 12th day of December, 2002� at the Municipal uil %, 1625 13th Street, Lubbock, Texas, or as
soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities.
The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government
Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the
amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds
should be issued by a company carrying a current Best Rating of B or su erior.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) 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. There will be a non -mandatory pre -bid
conference on 31st dU of October, 2002 at 1:00 o'clock P.M., in the Water Reclamation Plant Conference Room,
3606 Guava, Lu boc , Texas.
Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13'h Street, Lubbock,
Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained from City of Lubbock, 1625
13th Street, Lubbock, TX 79457, Phone: (806) 775-2167. Plans and specifications will be shipped at the bidder's
""" expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping
charges and must furnish the name of the service to be used and the bidder's account number.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included
in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is
specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a,
Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the
contractor of the prevailing rates of wages as heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and
bid openings are available to all persons regardless of disability. If you would like bid information made available in a more
accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-2018 at
least 48 hours in advance of the meeting.
CITY OF LUBBOCK
VICTOR KILMAN
t PURCHASING MANAGER
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GENERAL INSTRUCTIONS TO BIDDERS
BID DELIVERY. TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish EFFLUENT PUMPING
STATION #2, PUMP UPGRADE per the attached specifications and contract documents. Sealed bids will
be received no later than 1:00 p.m. CST, the 7th day of November, 2002 at the office listed below. Any
bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each
bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower
�** left-hand corner: "ITB #249-02/BM, EFFLUENT PUMPING STATION #2, PUMP UPGRADE" and the bid
opening date and time. Bidders must also include their company name and address on the outside of the
envelope or container. Bids must be addressed to:
Victor Kilman, Purchasing Manager
City of Lubbock
1625 13th Street, Room L-04
Lubbock, Texas 79401
1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a
bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver
r* bid, we suggest that he/she use some sort of delivery service that provides a receipt.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier
service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS.
1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
2 PRE -BID MEETING
2.1
For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda
as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting
will be held at 1:00 p.m., October 31st, 2002 in Water Reclamation Plant Conference Room, 3606 Guava,
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Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the
prospective bidder they represent.
2.2
It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The
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City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do
not attend the pre -bid meeting.
3 ADDENDA & MODIFICATIONS
3.1
Any changes, additions, or clarifications to the ITB are made by written bid addenda.
e 3.2
Any bidder in doubt as to the true meaning of any part of the specifications or other documents may
request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the
event the Purchasing Department deems the interpretation to be substantive, the interpretation will be
made by written addendum issued by the Purchasing Department. Such addendum issued by the
Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will
become part of the bid package having the same binding effect as provisions of the original bid. NO
VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for
interpretation considered, the request must be submitted in writing and must be received by the City of
Lubbock Purchasing Department no later than five (5) days before the bid closing date.
3.3
All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
,,.
shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in
preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with
any individuals, employees, or representatives of the City and any information that may have been read in
any news media or seen or heard in any communication facility regarding this bid should be disregarded in
preparing responses:
3.4
The City does not assume responsibility for the receipt of any addendum sent to bidders.
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4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all
requirements before submitting a bid to ensure that their bid meets the intent of these specifications.
4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations
that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to
Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to
comply, in every detail, with all provisions and requirements of the Invitation to Bid.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents,
shall be given to the Purchasing Manager and a clarification obtained before the bids are received,
and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it
shall be deemed that the bidder fully understands the work to be included and has provided
sufficient sums in its bid to complete the work in accordance with these plans and specifications.
If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions,
then it shall be deemed for all purposes that the plans and specifications are sufficient and
adequate for completion of the project. It is further agreed that any request for clarification must
be submitted no later than five (5) calendar days prior to the opening of bids.
5 BID PREPARATION COSTS
5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a bid.
5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to
release such information initially, but please note that the final determination of whether a particular
portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from
public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the
event a public information request is received for a portion of your bid that you have marked as being
confidential information, you will be notified of such request and you will be required to justify your legal
position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In
the event that it is determined by opinion or order of the Texas Attorney General or a court of competent
jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the
Government Code and Section 252.049 of the Local Government Code, then such information will be
made available to the requester.
6.3 Marking your entire bid CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open
Records Act.
7 LICENSES, PERMITS, TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may
be required to pay.
8 UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local
resources, and to outline in their bid submittal how they would utilize local resources.
9 CONFLICT OF INTEREST
9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any
employee, official or agent of the City of Lubbock.
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9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered,
conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment,
advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion
concerning this bid.
10 CONTRACT DOCUMENTS
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10.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
10.2 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.
11 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.
12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the
bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or anv
Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing
Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be
made.
BRUCE MACNAIR, SENIOR BUYER
City of Lubbock
1625 13t' Street
Lubbock, Texas 79401
Fax: (806) 775-2164
Email: BMacnair@mail.ci.lubbock.tx.us
13 TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be fully completed within SIXTY (60)
CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of
Lubbock to the successful bidder.
13.2 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 ensure completion of the project within the time specified.
14 PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
15 AFFIDAVITS OF BILLS PAID
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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
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contemplated by the contract documents have been paid in full and that there are no claims pending, of which the
Contractor has been notified.
16 MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a representative of the City on the site will not relieve
the Contractor of full responsibility of complying with this provision. The specifications for materials and methods
set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to
procure a satisfactory project.
17 GUARANTEES
17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against
defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner,
a written general guarantee which shall provide that the Contractor shall remedy any defects in the work,
and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects
appear within ONE year from date of final acceptance of the work as a result of defective materials or
workmanship, at no cost to the Owner (City of Lubbock).
17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and
warrants fault -free performance and fault -free result in the processing date and date -related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, software and
firmware products delivered and services provided under this Contract, individually or in combination, as
the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be
recognized and accommodated and will not, in any way, result in hardware, software or firmware failure.
The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the
procedures it intends to follow in order to comply with all the obligations contained herein.
17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-
contractor or any third party involved in the creation or development of the products and services to be
delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations
contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
17.4 The warranties contained herein are separate and discrete from any other warranties specified in this
Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the
Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or
any document incorporated in this Contract by reference.
18 PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
19 PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
19 TEXAS STATE SALES TAX
.� 19.1 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.
19.2 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.
20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve
E_ 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.
21 BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
' and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of
!" barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
22 EXPLOSIVES
22.1 The use of explosives will not be permitted unless written permission to do so is obtained by the
Contractor from the City. In all cases where written permission is obtained for the use of explosives, the
Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of
"^ the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use
utmost care so as not to endanger life or property and the Contractor shall further use only such methods
as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity.
+^ 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
22.3 In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
!^ below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may
deem necessary to protect their property from injury. Such notice, however, shall not relieve the
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Contractor of responsibility for any damage resulting from his blasting operations.
w 23 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.
^* 24 INSURANCE
24.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
.., business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City
and written notice of cancellation or any material change will be provided ten (10) days in advance of
cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right
to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this
contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also
shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact
business in the State of Texas and shall cover all operations in connection with this contract, whether
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performed by the Contractor or a subcontractor, or separate policies shall be provided covering the
operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted before contract execution.
24.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A
CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE
CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN
FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, 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. IT SHALL BE THE
CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE
INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH
SUBCONTRACTOR.
25 LABOR AND WORKING HOURS
25.1 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 that must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations
thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract
documents does not release the Contractor from compliance with any wage law that may be applicable.
Construction work under this contract requiring an inspector will not be performed on weekends or
holidays unless the following conditions exist:
25.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
25.1.2 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.
25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to the
weekend or holiday he desires to do work and obtain written permission from the Owner's Representative
to do such work. The final decision on whether to allow construction work requiring an inspector on
weekends or holidays will be made by the Owner's Representative.
25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such
condition so that it is no longer dangerous to property or life.
26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount,
not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the
work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or
Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his
classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the
copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made,
or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees
according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which
schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on
whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each
calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his
particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these
contract documents.
6
27 PROVISIONS CONCERNING ESCALATION CLAUSES
., Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
r 28 PREPARATION FOR
28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to
do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly
and legibly, or typewritten. In case of discrepancy between the price written in words and the price written
in figures, the price written in words shall govern.
28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a
bid is submitted by a firm, association, or partnership, the name and address of each member must be
given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If
the bid is submitted by a company or corporation, the company or corporate name and business address
must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the bid.
The bid shall be executed in ink.
28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
28.3.1 Bidder's name
28.3.2 Bid for (description of the project).
28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids,
but no bid may be withdrawn or altered thereafter.
28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been
opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE,
ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
29 BOUND COPY OF CONTRACT DOCUMENTS
r Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
Q) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
�., incorporated by reference into the aforementioned contract documents.
30 QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein
in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy
the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations
f t
deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall
furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock
reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the
City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the
work described therein. Evaluation of the bidder's qualifications shall include:
(a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.
(b) The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
(c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
(d) The quality of performance of previous contracts or services.
31 BID AWARD
31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to
waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole
discretion. Unless otherwise specified herein, the City shall award the bid based on the total.
31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to
specifications is primary in determining the best low bid. Failure to comply with the specifications may
result in disqualification of the bid.
31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be
cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to
determine possible Anti -Trust violations.
31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder
would be required to underbid the nonresident bidder in the nonresident bidders' home state.
31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
State of Texas and under the laws of the State of Texas. In connection with the performance of work, the
Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all
other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR
FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR
GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS
INVITATION TO BID.
No Text
BID SUBMITTAL
LUMP SUM BID CONTRACT
WWI
I
DATE:
PROJECT NUMBER: #249-02/BM - EFFLUENT PUMPING STATION #2, PUMP UPGRADE
Bid of Co5f d 1-" r
(hereinafter called Bidder)
W" Na .
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
,.. Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the construction of a EFFLUENT PUMPING STATION #2 PUMP
UPGRADE having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other
related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the
construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor,
materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents,
within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the
work required under the contract documents. 4
MATERIALS: 7we,J� y h-�- - o"zanr O,N d 2e,� C e^ 3 IS . ($ 92, 60 a
ems. q
SERVICES: fl ens�t�zaso
TOTAL BID: f ,'r �-� S,�r i �a� �, tit ht,. av, ct d- e, A 10 `e-($ 3 G a 9 B L. o o )
I
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.)
I Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
"Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) consecutive calendar days thereafter
as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as
liquidated damages the sum of $50 (FIFTY) for each consecutive calendar day in excess of the time set forth herein above
for completion of this project, all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
Instruction number 28 of -the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time. for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has bid; as provided in the contract documents.
1
ep�
0
Bidders are required, whether or not a payment or performance bond is required, to submit a cashiers check or,
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable
without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the
bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all
necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. - -
µ_ lrf 1,1 4 F Fl-
Enclosed with this bid is a Cashier's Check or Certified Check for 006 �o-sw1Z Qj
Dollars ($) 8 5 0 , oc) or a Bid Bond in the sum of Dollars
($ 11 195o , oo ),which it Is agreed shall be collected and retained by the Owner as liquidated damages in the
event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents,
Insurance certificates, and the required bond (if any) with the Owner within fifteen (IS) days after the date of
receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the
undersigned upon demand.
h
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.
Pursuant to Texas Local Government Code 252.043(a), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error in the bid
price. THEREFORE, ANY CORRECTIONS TO THE BID
PRICE MUST BE MADE ON THE BID SUBMITTAL FORM
PRIOR TO BID OPENING.
(Sea[ if Bidder is a Corporation)
ATTEST:
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
M1WBE Firm: rW�
Date:— /-7-0
AGthorized Signature
(Printed or Type�amN e)
tA er 1, -ty I
Cnpany V
Address
APM es o,-
City, County
�ieXa S _793 3 f
State Zip Code
Telephone: A06 = *7a-- SfrSO
Fax: S 6 0-72-- &.- I//
.2
II
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
1.
6 c. �� t ; L cb
2.
❑ ❑
3.
❑ ❑
4.
❑ ❑
5:
❑ ❑
6.
❑ ❑
7.
❑ ❑
❑ ❑
9.
❑ ❑
10.
❑ ❑
FOR
..
..
3
."
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Bidder
And Attached to Bid Submittal
I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been
.� reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of
Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock,
furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal.
Contract r (Signature)
Contractor (Print)
CONTRACTOR'S FIRM NAME: l► c o r �� i' ou
(Print or Type) C
CONTRACTOR'S FIRM ADDRESS: P
J 7 7eA5 7y03 I
Name of Agent/Broker: T ,''m le _A c. T la y ,L n,s ►-a.#u < <
Address of Agent/Broker: ik 1 P• V - IS dX &O
City/State/Zip:I p: aA.� A N 6c, S7.4 9 a3,
1
AgentlBroker Telephone Number: ( t5-) 65 3 673.3
Date:
z
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this bidiproposal and
award the contract to another contractor. If you have any questions concerning these requirements,
please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165.
BID #24M2/BM - EFFLUENT PUMPING STATION #2, PUMP UPGRADE
4
PAYMENT BOND
OWA
Fm-i�
t
p;
Bond #060993369
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
^^ (CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY THESE PRESENTS, that Acosta Drilling (hereinafter called the Principal(s), as
Principal(s), and
r-, Universal Surety of America
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount ofThirty-six thousand eight hundred eighty eight no/100Dollars ($ 36,888.00 ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 12th day of
December , 2002 , t0
Install effluent pumping station #2, pump upgrade
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as
if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 1S SUCH, that if the said Principal shall pay all
.. claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, them, this obligation shall be void; otherwise to remain in full force and effect;
PRE3Vi0ib, AbWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas aovefimenf tc66, and all liabilities on this bond shall be determined in accordance with the provisions of said
Alticle`tv.) the same eztt as if it were copied at length herein.
�* y 'IN WITNES-5Wi4EREOF, the said Principal (s) and Surety(s) have signed and sealed this instrument this
19Qh day of ecerriier 2002
Universal Surety of America Acosta Drilling
Surety (Company Name)
r By By: G�or S
ffrofoseph P. O'Connor (Printed Name)
Attorney -In -Fact
(Signature)
Nr�-►Ar'c.�
(Title)
t
1.
I"'! 1
v
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
Surety
* By:
(Title)
t,
Approved as to form:
City of Lubbock
By:
City Attorney
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
k:
[1
i
2
UNIVERSAL SURETY OF AMERICA
P.O. Box 1068 • Houston, Texas 77251-1068
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
Agency Information GPA#
4202001 060993369
TRIMBLE-BATJER INSURANCE
Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing
under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute
and appoint
ANNELLE UNDERWOOD SMITH JOSEPH P 0 CONNOR
LISA WELCH FRIEND PAUL G ADAM
PETER S BATJER RANDALL SAVERANCE
- of SAN ANGELO and State of TEXAS its true and lawful Attorney(s)-in-Fact with full
power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory
instruments of similar nature - in unlimited amounts - and to bind the Company thereby as fully and to the same extent as if
such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary,
hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do within the stated limitations, and such authority
_ is to continue in force until 09/13/2006 Said appointment is made under and by authority of the following
resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the I1th day of July, 1984.
- "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby
vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act
for and on behalf of the Company."
= "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed
ram+ by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and
r binding upon the corporation."
In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President,
Robert E. Ayo, and its corporate seal to be hereto affixed this 31st day of December, A.D., 1999.
SsEry
- 0 UNIVERSAL ETY OF A ICA
7 19 84 b
2� TEXAS any Robert E. yo President
State of Texas
ss
County of Harris
On this 31st day of December, in the year of 1999, before me Pamela J. Scullion, a notary public, personally
appeared Robert E. Ayo, personally known to me to be the person who executed the within instrument as
President, on behalf of the corporation herein named and acknowledged to me that the corporation executed it.
n*es _ - .•df1�"��s_ PAMELA J. SCULLION
'• += MY COMMISSION EXPIRES
-:• July 12, 2003 aAIO�
- - Notary Public
_-' I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, tre and
correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of
Attorney is still in effect.
GIVEN under my hand and the seal of said company, at Houston, Texas, this 19th day of D6&embar =
2002 �-
Assistant Secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
Form F6092 For verification of the authority of this power you may telephone (713) 722-4600.
mw
CERTIFICATE OF INSURANCE
NOS`-07-2002_ THU 10:46 AM T►RIMBLE-BATTER INSURARCE FAX NO. 9156570084
P. 01/01
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OWN
THE POLICIES OF INSURANCE LISTED 9G:7W HAVE $E'EN ISSUED TO THE INSURED NAMED ADOMFOR THE POLICY PERIOD INDI:ATED, NOTWTTHeTANOING .
ANY REOUIREMENT, TOM OR CONDIToON OF ANYCIk1TRACT OR (ffKER DOCUMMIT WITH RESPECT TO WMCH THIS CERTIFICATE MAYBE ISSUEM OR
MAY PERTAIN. THE INSURANC R APPOADED BY THE POLICIES OESCRIBED HEREIN 13 SMECTTO Ail THP TERMS, E) CLUSICINS AND CDNCIMNS OF SUCH
FOLICIEB. AGGREGATE LIMIT& SHOWN MAY HAVESUN REDUCED 8Y PAID CLAIMS
L TtPEOFiN3YRANCE POUCYNIAMBER MATE, LIMITS
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GENERAL UABILITY I
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EACH OCCURRENCE ' S 1. O 0 o, 0 o 0
PREMISES(Ee t1001.000
MGDD W {My one I S 5, ()DO
PERSONALAADV INJURY i
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I WORKERS COMPENSATION AND
I WWRV LABILITY
!M►
PROPRIETDRPARTNEwI:xECUTNW1112242Z
OFFIGER1MEMBEREXCLUDEnT
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SPECIAL PR�VLSIONS tdit
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Y TORY LkAAITS IER
Et PACHACCIDENT
S 1000000ANY
EL. DISFABE-EAEMPLOYM,
3 V)a0000
G.L. DISEASE • POLICY LIMIT
$ 3.0 00 0 0 0
OTHER
DESGRIP7M OR OPERATIONS I LOCAVIC"IVEHIM ES IE7(CLUSIONL ADDED BY ENDORSEMENT I SPGCWL PRMWOWS
—SPECIAL PROVISIONS -polls iucl blkt 30 day notice of cane/zatl ehg (except
noapay, 10), addl inad (except we) 8 waiver of subro is favor of any person
or organisation as required by signed, written contract.
rr.. r +.wrwrn 1.Aryy.GL4i'�..vn
CTTLDTX SHOULD ANY OF THE ABOVE D9WF4M POLICIES 60 CAMCCLLID BEFORE TM am%RAMN
GATE YN"20P. THE IBSUINts IHSURiR WILL ON13EAYCRTO (NAIL 3 0 OAYs IA wrraN
13th]i, NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
1&a5
City Sre IIPOSE No OOLIOATiON OR UABKJTV OF ANY HNIO UPON THE INSUR11A ITS AGENTS CR
Street
Lubbock TY 79401 RRWS3ENTATIVFS.
ALIT SENTATNE
r
ACORD 25 (200IMS) W ACORD CORPORAMN 15a
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on
proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
Oak (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
a showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
F (4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
a (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the
contractor knew or should have known, of any change that materially affects the provision of coverage of
any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19-point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional words
or changes:
rom
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF
INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN
Pik ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR
IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT
t THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE
CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE
DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
2
F
REQUIRED WORKERS' COMPENSATION COVERAGE
r, "The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
ti "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage" and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
G notify the governmental entity in writing b certified mail or personal delivery, within (ten) 10 days
( ) fY 9 tY � 9 Y P rY�
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
A H , with the certificate of coverage to be provided to the person for whom the
paragraphs ()-( ) 9 P P Y
are providing services. ❑
i
0
3
F-
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H
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O
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1W
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 12th day of December. 2002 by and between the City of
Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do
so, hereinafter referred to as OWNER, and ACOSTA DRILLING COMPANY of the CITY OF LAMESA, COUNTY OF
DAWSON and the STATE OF TEXAS hereinafter termed CONTRACTOR.
W ITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #249-02/BM - EFFLUENT PUMPING STATION #2, PUMP UPGRADE - $36,888.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract
documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
ATTEST:
CITY OF L BOCK, OWNER)
,son
Q " � -, —,-
By:
City cretary
MAYOR i
1
APfRqV A TO CO ENT:
CONTRACTOR:
Owner's Representative
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ACOSTA D ILLING
APPROVED AS TO FORM:
By.
Attorney
PRINTED NAME:TI�j�{u''
TITLE: o r rye �-
ATTEST:
COMPLETE ADDRESS:
Corporate Secretary
Acosta Drilling
PO Box 1221
r
Lamesa, TX 79331
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GENERAL CONDITIONS OF THE AGREEMENT
F.
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GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, 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 Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit ACOSTA DRILLING who has agreed to perform the work embraced in this
contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative CHES CARTHEL CHIEF CIVIL ENGINEER, so designated who
will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as
may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or
inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the
Contractor or persons acting on behalf of the Contractor.
.•+* 4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder
for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to
herein as the "contract" or "contract documents".
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
words of like import are used, it shall be understood that the direction, requirement, permission, order, designation
or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable,"
"Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's
Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last
business address known to the party who gives the notice.
8. CONTRACTOR'S RESPONSIBILITIES
"" 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
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otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or
work described in words which so applied have well known, technical or trade meaning shall be held to refer such
recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor 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 or quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the
quality or quantity of the work, nor will Owner's Representative be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the
Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the
Contractor's failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems
said lines and grades are 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 its work in order to permit Owner's Representative to comply with this requirement, but
such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore.
The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless
destruction or removal by Contractor, its Subcontractors, or its 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 has the authority to review all work included herein. The Owner's Representative has the authority
to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. 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 the contract documents, and 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 decision of the Owner's Representative shall be
conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
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calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may
deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said
material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall
furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or 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 fifteen (15) calendar days make written appeal to the Owner's
Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any
and all objection or objections shall be deemed waived.
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 its absence and all directions
given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate
supervision by competent and reasonable representatives of the Contractor is essential to the proper performance
of the work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work.
,, 17. CONTRACTOR'S UNDERSTANDING
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It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms
or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
Representative and Contractor.
Unless otherwise specified herein, all loss, expense or damage to 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
work, shall be sustained and borne by the Contractor at its own cost and expense.
-_ 18. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, 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 Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, 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.
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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 consent or 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 as shall be
approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all 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 such work is in preparation or progress. Contractor shall ascertain the scope of any
observation that 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
such work found to be defective or not in accordance with the contract documents, regardless of the stage of its
completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has
previously accepted the work through oversight or otherwise. If any such work should be covered without approval
or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination
at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location
where it is not convenient for Owner or Owner's Representative to make observations of such work or require
testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish
Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to
perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests
will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative,
be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such _
tests or approvals but does not meet the requirements of the contract documents shall be considered defective,
and shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly 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/or 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 the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
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e,
23. CHANGES AND ALTERATIONS
^� The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
w ' 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 actual
expenses incurred in preparation for the work as originally planned.
± 24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
a t:
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
t ai_ methods:
Method (A) -
Method (B) -
Method (C) -
By agreed unit prices; or
By agreed lump sum; or
If neither Method (A) or Method (B) be agreed upon before the extra work is commenced,
then the Contractor shall be paid the lesser of the following: (1) actual field cost of the
extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by
a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost' is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
., the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
t 3' together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all 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
k kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be
determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership
Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for
the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent
(15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its 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
a 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."
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No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of
any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the bid, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in
these plans, specifications, or contract documents, shall be given to the Owners' Representative and a
clarification obtained before the bids are received, and if no such notice is received by the Owner's
Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands
the work to be included and has provided sufficient sums in its bid to complete the work in accordance
with these plans and specifications. If Contractor does not notify Owner's Representative before bidding
of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and
specifications are sufficient and adequate for completion of the project. It is further agreed that any
request for clarification must be submitted no later than five (5) calendar days prior to the opening of
bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase its 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 AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment
and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold
harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any
manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject
matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
W.. are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of its subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and
its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance,
rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of
payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in
conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor,
or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance
specifying each and all coverages shall be submitted prior to contract execution.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A
CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF
LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE
CITY OF LUBBOCK AS REQUIRED BELOW, 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. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO
PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS
COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
A. General Liability Insurance (Additional Insured and Waiver of Subrogation required)
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00
Combined Single Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
B. Owner's and Contractor's Protective Liability Insurance.
For bodily injuries, including accidental death and or property damage, $0 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance (Additional Insured and Waiver of Subrogation Required)
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500,000 Combined Single Limit,
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and
Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job
and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance/Installation Floater Insurance.
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of
potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance (Additional Insured and Waiver of Subrogation required)
The Contractor shall have Umbrella Liability Insurance in the amount of �0 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required)
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.00.
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority
to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-
83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's
or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental _
entity.
Persons providing services on the project ("subcontractor" in Section E1406.096, Texas Labor
Code) - includes all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted directly with
the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and _
payroll amounts and filing of any coverage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on
the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the project and
... for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
eln (2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who will
9
w.
G.
provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance -
carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
10
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and any
other language common to the worker population. The text for the notices shall be the
following text provided by the commission on the sample notice, without any additional
words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services
related to this construction project must be covered by workers' compensation
insurance. This includes persons providing, hauling, or delivering equipment or
materials, or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 592(440-3789 to receive
information of the legal requirements for coverage, to verify whether your
employer has provided the required coverage, or to report an employer's failure to
provide coverage;" and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
All services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
^! (iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
+,
compensation coverage for the duration of the project, that
_.. , . the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the
commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the
!*
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions.";
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage --
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery, --
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided to
the person for whom they are providing services. --
29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS
OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless
against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way,
manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of
machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract
and the project which is the subject matter 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.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and
save the Owner, and all of its officers, agents and employees 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, and all of its officers,
agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the
contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the
Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to bidding.
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32. LAWS AND ORDINANCES
Wpm,
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form,
the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the
Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor
observes that the plans and specifications are at variance therewith, he'shall notify the Owner's Representative in
writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the
work. In the absence of timely written notification to Owner's Representative of such variance or variances within
said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or
.►� local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors
perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's
Representative, Contractor shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as
the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as
though embodied herein.
a 33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its 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 its full obligations to the Owner, as
provided by the contract documents.
34. TIME FOR SUBSTANTIAL 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 documents, of work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in
this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
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 $50 FIFT PER DAY, not as a
penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working
day that the Contractor shall be in default after the time stipulated for substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and
is expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS
OF THE ESSENCE OF THIS CONTRACT.
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35. TIME AND ORDER OF COMPLETION
„ It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute its 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
13
contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that
when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may
direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the —
construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, —_
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the
Contractor will start the several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and
has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that
it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been
delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors
employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public
enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all
justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days
of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the
extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial,
and final. Further, in the absence of timely written notification of such delay and request for extension, as provided
herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. 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 sole judgment of the Owner's Representative that is caused by such
stoppage shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated
to be estimates, for the various classes of work to be done and material to be furnished under this contract, they
are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing
their bids offered for the work. In the event the amount of work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without
limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees,
14
against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising
from or growing out of the performance of this contract.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by
i the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
bid 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 Contractor 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
rA Owner's Representative.
41. PAYMENTS
,•" No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
r-Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. ,Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's
agents and employees, which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall
determine the amount to be partially paid. Owner's Representative shall review said application for partial
payment if submitted, 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. The determination of the partial payment by
the Owner's Representative shall be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the
Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of the contract documents.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said
partial payment is attributable.
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
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44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final
completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final _
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or
warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor 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 certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
(a) Defective work not remedied and/or work not performed.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
47. CLAIM OR DISPUTE
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) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative,
said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the
Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the
acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and
constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's
Representative, by Contractor.
16
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48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the
written orders of the Owner's Representative, when such orders are consistent with this contract, 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. In the event a bond is not required by law, or otherwise obtained by the Contractor, no
further notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any
machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or
credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for
under paragraph 24 of this contract); it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
in event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice
hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with
diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract
documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or
otherwise, including, but not limited to, providing 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 its Surety shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the work, may let the contract for the completion of
the work under substantially the same terms and conditions which are provided in this contract. In case of
any increase in cost to the Owner under the new contract as compared to what would have been the cost
under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain
bound therefore. Should the cost to complete any such new contract prove to be less than that which
would have been the cost to complete the work under this contract, the Contractor or his Surety shall be
credited therewith.
In the event the Owner's Representative elects to complete the work, as described above, when the work shall
have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as
provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract
accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to
Contractor and his Surety, if applicable, 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 certification of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would
have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract,
or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over
to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price,
and the Contractor and/or his Surety, if applicable, 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,
17
notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and
his Surety, if applicable, 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, if applicable, subject only to the duty of the
Owner to exercise ordinary care to protect such property. After fifteen (15) calendar 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, if applicable. 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 that remain on the jobsite and belong to persons other than the Contractor
or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted
by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this
paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in
paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the
amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall
be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do
business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so
furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions shall
control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense 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 or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to
direct, supervise, and control its 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 Contractor's 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.
18
54. CLEANING UP
ram* 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 Contractor shall remove all such debris and also its tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition.
In case of dispute Owner may remove the debris and charge the cost to the Contractor.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
r+ Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in
+*� the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project
or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5)
days of the receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
,. asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective
gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum
products or byproducts and/or asbestos.
MR 19
rl,o,
CURRENT WAGE DETERMINATIONS
RE: RESOLUTION NO.6262, ITEM NO.39, APRIL 8, 1999
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Hourly Rate
Acoustical Ceiling Installer
11.50
Air Conditioner Installer
12.50
Air Conditioner Installer -Helper
6.25
Asbestos Worker
9.00
Asbestos Supervisor
12.50
Bricklayer
12.50
n
Bricklayer -Helper
7.00
Carpenter
11.00
Carpenter -Helper
7.00
Cement Finisher
8.00
Drywall Hanger
11.00
Electrician
13.75
Electrician -Helper
7.00
Equipment Operator -Heavy
9.50
Equipment Operator -Light
8.50
-
Floor Installer
9.50
Glazier
10.50
Insulator-Piping/Boiler
11.50
Insulator -Helper
7.00
Iron Worker
11.00
�..,
Laborer -General
6.00
Mortar Mixer
6.00
Painter
9.50
Plumber
12.50
Plumber -Helper
7.00
Roofer
9.00
Roofer -Helper
7.00
Sheet Metal Worker
10.00
Sheet Metal Worker -Helper
7.00
Welder -Certified
11.00
A.
"�"'
1
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Hourly Rate
`
Asphalt Heaterman
9.00
Asphalt Shoveler
6.00
Concrete Finisher
8.00
Concrete Finisher -Helper
7.00
Electrician
12.00
Flagger
6.00
Form Setter
7.00
Form Setter -Helper
6.25
Laborer -General
6.00
�...
Laborer -Utility
6.75
Mechanic
8.00
Mechanic -Helper
7.00
Power Equipment Operators
Asphalt Paving Machine
7.75
Bulldozer
8.00
Concrete Paving Machine
7.75
Front End Loader
7.25
Heavy Equipment Operator
8.00
Light Equipment Operator
7.25
Motor Grader Operator
9.50
Roller
6.75
Scraper
7.25
Tractor
7.25
Truck Driver -Light
6.50
Truck Driver -Heavy
7.00
p
r
'""
2
EXHIBIT C
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act.
0. EXHIBIT D
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be as required by the fair Labor Standards Act.
o+
3
4,a
SPECIFICATIONS
Poo
1-1
i
f
SOUTHWEST WATER RELAMATION PLANT
LUBBOCK, TEXAS
EFFLUENT PUMPING STATION #2
PUMP NP-4001 UPGRADE
TECHNICAL SPECIFICATIONS
SEPTEMBER 2002
TABLE OF CONTENTS
PUMP AND MOTOR DIVISION
CITY OF LUBBOCK, TEXAS
SOUTHEAST PLANT
NEW PUMP NP-4001
r-
00010
Table of Contents
01100
Summary of Work
01330
Administrative Requirements
01740
Contract Closeout
15135
Vertical Turbine Pumps
16220
Electrical Motors
r'el f //& F ./
o�fy
,. SWERP EP#2
TOC-2
10/11/2002
TABLE OF CONTENTS
ELECTRICAL DIVISION
CITY OF LUBBOCK, TEXAS
SOUTHEAST PLANT
NEW PUMP
16000
Basic Electrical Methods
k.
16111
Conduit
16123
Wire and Cable
16130
Boxes
16170
Grounding and Bonding
16190
Supporting Devices
16195
Electrical Identification
R;
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SAW
K
I
; ,
..
t TROY D. SWINNEY
�..
80058
t! SG�STER�O����
ONAL -
SWRP EP#2 Rehabilitation TOC - 1
10/02
t ,.9 SECTION 01100
SUMMARY OF WORK
PART 1 GENERAL
1.01 RELATED DOCUMENTS
A. Drawings, General Conditions of the Agreement and Division 1 - General
Requirements.
1.02 SECTION INCLUDES
A. Work covered by Contract Documents
B. Contractor use of site.
C. Work sequence.
1.03 WORK COVERED BY CONTRACT DOCUMENTS
A. Work of this contract consists of installation and construction of one (1) 700
Gallon Per Minute (GPM) pump and one (1) 75-Horsepower motor for the
Lubbock Water Reclamation Plant. The pump and motor will be installed at
.•, Effluent Pumping Station #2 (EPS#2). The existing pumping station will be in
service while the new pump and motor installed.
B. EPS#2 shall have installed: 1 new pump with motor according to the plans
and specifications. The motor will be designed to be connected to an existing
Constant Frequency Drive.
C. Perform work under a single fixed price contract.
D. Contract time for the work to be performed will be 60 calendar days from the
date of Notice to Proceed. The Liquidated damages will be $50.00 per day.
1.04 CONTRACTOR USE OF SITE
A. The Contractor shall be required to follow all safety and security procedures
prescribed by the City of Lubbock Public Works Division.
E <,
w**+ EPS#2 NP-4001 UPGRADE 01100 - 1 9/24/2002
B. Access to the site will be limited to:
1. Owner Personnel
2. Contractor
3. Other contractors currently executing work- at existing Lubbock Water
Reclamation Plant
C. The Contractor shall coordinate the construction schedule with the Owner to
avoid conflict with the Owner's operations.
D. Time restrictions for performing work: Monday to Friday 7a.m. to 5 p.m.
Request in writing 3 days in advance for work to be performed outside of this
time.
1.05 WORK SEQUENCE
A. Construct work to accommodate Owner's occupancy requirements during the
construction period, coordinate construction schedule and operations with the
Owner.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
EPS#2 NP-4001 UPGRADE 01100 - 2 9/24/2002
e■.
PART 1 GENERAL
SECTION 01300
ADMINISTRATIVE REQUIREMENTS
1.01 COORDINATION AND PROJECT CONDITIONS
w A. Coordinate scheduling, submittals, and Work of the Project to ensure efficient and
orderly sequence of interdependent contract elements.
B. Verify utility requirements and characteristics of operating equipment are
compatible with site utilities.
C. Coordinate completion and cleanup of Work of separate sections in preparation
O, for Substantial Completion.
D. After Owner occupancy of premises, coordinate access to site for correction of
�., defective Work and Work not in accordance with Contract Documents, to
minimize disruption of Owner's activities.
E.
The Public Works Department shall be notified 48 hours before the planned
construction is to commence and also before starting up when construction is
interrupted for any reason.
e
F.
Each bidder shall submit a Construction Schedule with their bid indicating the
sequence of all construction activities to be performed. The scheduled completion
date for this project shall be 60 calendar days from Notice to Proceed.
G.
Upon award of the contract, the Delivery and Construction Schedule will become
part of the Contract Documents.
H.
The Contractor shall be issued a Notice to Proceed following the award of the
'""
Contract, and completion of pre -construction meeting.
1.02 PRE -CONSTRUCTION MEETING
" -
A.
Owner's Representative will schedule a meeting after award of contract.
B.
Attendance Required: Owner's Representative and Contractor.
- EPS#2 NP-4001 UPGRADE 01300-1
9/24/2002
C. Agenda:
1. Designation of personnel representing the parties in Contact.
2. Scheduling.
3. Notice to Proceed.
4. Emergency telephone contacts for Owner and Contractor.
5. Procedures, submittals, substitutions, applications for payments, proposal
request, Change Orders, and Contract close-out procedures.
6. Submission of:
a. List of products.
1. Pump Details _4
2. Motor Details
b. Schedule of values.
c. Progress Schedule.
1.03 SUBMITTAL PROCEDURES
A. Shop Drawings, Design Calculations and Submittals.
1. Before executing any of the work, the Contractor must submit calculations
and drawings.
2. A complete set of calculations shall be submitted showing compliance
with all design criteria.
3. Drawings submitted shall include all details showing dimensions, sizes,
thickness, materials, and finishes.
B. Approved Construction Plans:
1. The Contractor shall do construction in accordance with the approved
construction plans provided for this project. The design shall comply with
all specifications, and standards.
C. Submittals for Review.
1. The Contractor shall submit the manufacturer's product data for all
materials used in construction of this project.
2. The Contractor shall review all required components for use in this
application to ascertain that all items will function as necessary and as
designed.
EPS#2 NP-4001 UPGRADE 01300-2 9/24/2002
a. Transmit each submittal to Project Engineer:
Chester "Ches" Carthel, P.E.
Chief Engineer
Public Works Engineering
City of Lubbock
P.O. Box 2000
1625 - 13"' Street
Lubbock, TX 79457
3. Transmit a minimum of three (3) copies (number of copies which the
Contractor requires, plus two (2) copies which will be retained by Owner's
Representative) of each submittal unless otherwise specified in the
individual sections.
4. Apply Contractor/Manufacturer's stamp, signed or initialed certifying that
review, approval, verification of Products required, field dimensions,
adjacent construction work, and coordination of information is in
accordance with the requirements of the Work and Contract Documents.
5. Schedule submittals to expedite the Project, and deliver to Owner's
Representative at business address. Coordinate submission of related
items.
6. For each submittal for review, allow ten (10) days excluding delivery time
to and from the Owner's Representative.
7. Identify variations from Central Documents and Product or system
limitations, which may be detrimental to successful performance of the
completed Work.
8. When revised for resubmisson, identify all changes made since previous
submission.
9. Distribute copies of reviewed submittals as appropriate. Instruct parties to
promptly report any inability to comply with requirements.
10. Submittals not requested will not be recognized or processed.
11. Submittals will not be accepted from subcontractors, suppliers, or anyone
other than the Contractor.
12. Indicate conditions requiring special attention and special environmental
""" criteria required for application.
EPS#2 NP-4001 UPGRADE 01300-3 9/24/2002
1.04 SCHEDULE OF VALUES
A. Submit a printed schedule on AIA Form G703 — Application and Certificate for
Payment Continuation Sheet. Contractor's standard form or electronic media
printout will be considered.
B. Submit Schedule of Values in duplicate within 5 days after dater established in
Notice to Proceed.
C. Revise schedule to list approved Change Orders, with each Application For
Payment.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
EPS#2 NP-4001 UPGRADE 01300-4 1 9/24/2002
SECTION 01740
CONTRACT CLOSEOUT
PART 1 GENERAL
rya 1.01 SECTION INCLUDES
A. Close-out Procedures.
B . Final Cleaning.
C. Project Record Documents.
D. Warranties and Bonds.
1.02 CLOSEOUT PROCEDURES
A. Submit written certification that Contract Documents have been reviewed, Work
and materials have been inspected, and that Work is complete in accordance with
Contract Documents and ready for Owner's Representative review.
µ B. Provide submittals to Owner's Representative that are required by governing or
- other authorities.
'""` C. Submit final Application for Payment identifying total adjusted Contract Sum,
previous payments, sum remaining due, and Contractors Affidavit of Bills Paid.
1.03 FINAL CLEANING
A. Execute final cleaning prior to final project inspection.
w B. Remove waste, surplus materials, rubbish, and construction facilities to
designated containers to be disposed of appropriately.
1.04 PROJECT RECORD DOCUMENTS
POR
A: Maintain on site one set of the following record documents; record actual
revisions to the Work:
1. Specifications.
a. Pump Specifications
b. Motor Specifications
2. Change Orders and other modifications to the Contract.
B. Ensure entries are complete and accurate, enabling future reference by Owner.
C. Store record documents separate from documents used for construction.
D. Record information concurrent with construction progress.
sit EPS#2 NP4001 UPGRADE 01740 - 1 9/24/2002
1.05 `WARRANTIES AND BONDS
A. Provide duplicate notarized copies.
B. Execute and assemble transferable warranty documents from manufacturer
C. Submit prior to final Application for Payment.
D. For items of Work delayed beyond date of Substantial Completion, provide
updated submittal within 10 days after acceptance, listing date of acceptance as
start of warranty period.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
EPS#2 NP-4001 UPGRADE 01740 - 2 9/24/2002
a ;
SECTION 15135
VERTICAL TURBINE PUMP
PART l GENERAL
1.01 SECTION INCLUDES
A. References
B. Vertical Turbine Can Pump
1.02 REFERENCES
r
A. American Iron and Steel Institute (AISI) — Steel Products Manual
B. American Nation Standard Institute (ANSI)
C. American Society for Testing and Materials (ASTM)
1 D. Hydraulic Institute Standards for Vertical Turbine Pumps
E. Incase of conflict or disagreement between codes, standards, laws, ordinances,
rules, regulations, drawings and specifications, or within either document itself,
the more stringent condition shall govern.
1.03 PROJECT RECORD DOCUMENTS
P,, A. Maintain on site one set of the following record documents; record actual
revisions to the Work:
1. Specifications.
a. Pump Specifications
b. Motor Specifications
2. Change Orders and other modifications to the Contract.
B. Product Technical Data: Include the following, as a minimum:
1. Acknowledgment that products submitted meet requirements of standards
referenced and specifications.
2. Manufacturer's installation, operation, and maintenance instructions
3. Pump accessories data
4. Pump bearing supports, brackets, shafting details and lubrication provisions.
"* C. Certifications: include the following, as a minimum:
1. Certified pump performance curves
D. Test Results:
1. Submit certified copies of factory test reports at least 10 days before
installing equipment.
2. Reports shall include:
a. Test log
p** EPS#2 NP-4001 UPGRADE 15135 - 1 9/24/2002
b. Description of test piping, equipment, and setup
c. Test procedure
E. Certified Performance Curves
1. Curves plotted against capacity:
a. Head
b. Bhp
c. Efficiency
d. Actual Speed
e. Net positive suction head available
2. Plot curve to be easily read at scales consistent with performance requirements
F. When pumps are fabricated, notify Owners Representative with serial number and
Owner will select pump to have a certified performance test.
G. Manufacturer's Instructions: Include instruction for storage, handling, protection,
examination, preparation, and installation
PART 2 PRODUCTS
2.01 General
A. Furnish one (1) Product Lubricated lineshaft Vertical In -line Turbine J11MC, 4
stage Can Pump manufactured by National Pump or equivalent approved by the
owners representative. Install the pump at the location and elevation indicated on
the drawings.
B. Design and fabricate pumps in accordance with all applicable Hydraulic Institute
Standards for Vertical Turbine Pumps and the AWWA specifications.
C. Pump will be driven at 1770rpm via a 75 horsepower, WP1, NRR, 480 VAC, —
VHS, US Electrical Motor connected to a Constant Frequency Drive.
D. The pump shall comply with all local and state sanitary and safety regulations.
2.02 Conditions of Service
A. The pump will pump treated effluent water from the existing effluent pumping
stations.
B. The design condition shall meet the conditions of 700gpm @ 254 feet TDH with a
minimum bowl efficiency of 85 percent.
C. The overall length: Bottom of discharge head to bottom of bowl shall be:
1. NP-4001 = 270 inches (to be verified by contractor)
D. Maximum allowable speed shall be 1770rpm.
EPS#2 NP-4001 UPGRADE 15135 -2 9/24/2002
rya
2.03 Pump Construction
A. Discharge Head
1.
Shall be Fabricated Steel accurately machined with a rabbet fit for mounting
the driver and supporting the pump column as-sembly and with above
ground discharge flanged machined and drilled to ANSI standards for 1504
rating.
2.
The discharge for the pump shall be 6 inches nominal inside diameter. The
design shall allow for the headshaft to couple above the stuffing box.
3.
The standard stuffing box shall be cast iron or fabricated steel and rated for
150 psi discharge pressure and shall contain a minimum of five acrylic
graphite packing rings and shall have a grease chamber.
.-� 4.
The packing glands shall be bronze secured in place with stainless steel
studs and adjusting nuts.
5.
The stuffing box bearing shall be SAE660 bronze. A rubber slinger shall be
installed on the top shaft above the packing gland.
6.
The top shaft shall be constructed of 316SS and shall extend through the
stuffing box.
7.
The head shaft shall be C-1045 Carbon steel. Impeller adjustment shall be
provided at the top of the headshaft by means of an adjusting nut which
shall be locked in place.
,-W B. Column Pipe:
1. Shall be constructed with ASTM A53 grade B Steel Pipe, sized such that
t ` the friction loss will not exceed 5 feet per 100 feet based on the rated
capacity of the pump.
Shall be furnished in interchangeable sections not more then ten feet in
length and shall be flanged connections.
�^
C. Lineshafts:
L Shall be constructed of 316SS and shall be furnished in interchangeable
section not more then ten feet in length.
2. To ensure accurate alignment of the shafts, they shall be straight within
k
- - 0.005 inches total indicator reading for a 10 foot section.
3. Shall be provided with 316SS sleeves at the location of couplings and shall
be held in place by epoxy coated steel bearing retainers with Zincless
Bronze bearings at each threaded joint.
D. Bowl Assembly's:
1. Shall be constructed of Cast Iron and shall be free of blow holes, sand holes,
k .
or other detrimental faults and shall be accurately machined and fitted to
close tolerances.
2. Shall be provided with Bronze bearings. The intermediate bowls shall be
F
fitted with replaceable wear rings of Bronze.
E. Impellers:
"^
1. Shall be of Bronze and shall be enclosed type, accurately machined,
balanced, and fitted for optimum performance.
2. Shall be securely fastened to the shaft with a taper split collet of 316SS.
i.
EPS#2 NP-4001 UPGRADE 15135 — 3
9/24/2002
F. Suction Case:
1. Shall be fitted with replaceable wear rings of Bronze, grease packed
Bronze bearing and protected by a Bronze Sand Collar.
G. Bowl Shaft shall be constructed of 316 Stainless Steel
H. The pump shall come equipped with a Stainless Steel Strainer Basket.
PART 3 EXECUTION
3.01 INSTALLATION
A. Install equipment as shown on Drawings and in accordance with manufacturer's
direction.
B. Construct subbases level in both directions. Particular care shall be taken at hold
down bolt locations so these areas are flat and Ievel.
C. Align vertically and horizontally level, wedge and plumb units to match piping
interfaces.
D. Assure no unnecessary stresses are transmitted to equipment flanges.
E. Permit piping connection to equipment to freely move in direction parallel to
longitudinal center line when and while bolts are in connection flange are
tightened.
F. Grout Equipment into place prior to final bolting of piping but not before initial
fitting and alignment.
G. Provide pressure gauge on discharge of each pump. ~
l . Gauge will consist of a pressure transmitter and a valve. The Transmitter
will generate a 4 to 20mA signal as an input to the existing SCAD A system.
END OF SECTION
EPS#2 NP-4001 UPGRADE 15135 - 4 9/24/2002
f
SECTION 16000
BASIC ELECTRICAL METHODS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and
Division 1 - General Requirements apply to work in this section.
1.2 REQUIREMENTS OF REGULATORY AGENCIES AND STANDARDS
A.
Regulatory Agencies: Installation, materials, equipment and workmanship shall conform to the
applicable provisions of the following:
B.
National Electrical Code (NEC)
C.
National Electrical Safety Code (NESC)
OWN D.
Terms and conditions of the electrical utility and other authorities having lawful jurisdiction
pertaining to the work required.
E.
Electrical contractor shall coordinate all control wiring and electrical connections to equipment
items furnished by other contractors under other sections of these specifications. All power and
control wiring shall be provided under Division 16 unless otherwise noted.
F.
The work covered by Division 16 of the Specifications includes the furnishing of all materials,
labor, transportation, tools, permits, and fees for the complete installation of all electrical work
required in the Contract Drawings.
G.
In the event that additional or special construction is required, the Contractor is responsible for
providing all material and equipment which are usually furnished with such construction in
order to complete the installation, whether indicated or not.
H.
The contractor shall familiarize himself with the existing conditions of the site and advise the
Engineer of any discrepancy or conflict prior to bidding.
I.
The contractor shall be responsible for all permits, fees, and licenses required for the project.
All cost of such permits or fees shall be included in the bid.
J.
All equipment and material shall be installed in accordance with the applicable manufacturer's
recommendations and standards.
K.
Contractor shall be responsible for coordinating with the utility service provider to verify all
locations, routing, equipment and labor that will be furnished as a part of this contract.
1.3 SUBMITTALS
�•, A. The intent of this section is to give general submittal information, refer to specific submittal
information in the subsequent sections.
B. All submittals shall comply with the requirements of other sections as specified herein.
k PART 2 - PRODUCTS
2.1 EQUIPMENT REQUIREMENTS
i'
A. The electrical requirements for equipment specified or indicated on the drawings are based on
information available at the time of design. If equipment furnished for installation has electrical
""* SWRP EP#2 Rehabilitation 16000 - 1 10/02
requirements other than indicated on the electrical drawings; the Contractor shall make any
required changes to wire and conduit size, controls, overcurrent protection and installation as
required to accommodate the equipment supplied, without additional charge to the Owner. The
complete responsibility and costs for such adjustments shall be assigned to the respective
section of this specification under which the equipment is furnished.
2.2 MATERIALS
A. All similar materials and equipment shall be the product of the same manufacturer unless
specified otherwise.
B. Materials and equipment shall be the standard products of manufacturers regularly engaged in
the production of such material and shall be the manufacturer's current and standard design.
C. Altitude: Equipment affected by altitude shall perform satisfactorily for the function intended
at the altitude of the project site.
D. Detectable Warning Tape: Acid and alkali -resistant polyethylene film warning tape
manufactured for marking and identifying underground utilities. minimum 6" wide and 4 mils
thick, continuously inscribed with a description of utility, with metallic core encased in a
protective jacket for corrosion protection, detectable by metal detector when tape is buried up
to 30" deep; colored as follows:
1. Red: Electric.
2. Yellow: Gas, oil, steam, and dangerous materials.
3. Orange: Telephone and other communications.
4. Blue: Water systems.
5. Green: Sewer systems.
E. Backfill Material
1. Material 4" below and 12" above pipes and conduit shall be natural or manufactured
sand complying to ASTM C 33.
2. Material more than 12" above pipes and conduits shall be sand indicated above or native
fill free of rock or gravel larger than 3/8" in any dimension, debris, waste, frozen
materials, vegetation, and other deleterious matter.
PART 3 - EXECUTION
3.1 GENERAL
A. Fabrication, erection and installation of the complete electrical system shall be done in
accordance with accepted good practice by qualified personnel experienced in such work and
shall proceed in an orderly manner so as not to impede the progress of the project. The
Electrical Contractor shall check all areas and surfaces where electrical equipment material is
to be installed, removed or relocated and report any unsatisfactory conditions before starting
work. Commencement of work signifies this Contractor's acceptance of existing conditions. In
the acceptance or rejection of the finished installation, no allowance will be made for lack of
skill on the part of workmen. Surfaces requiring coatings will be completed prior to installation
of any electrical work on these surfaces.
B. The electrical drawings are diagrammatic. The installation requirements shall be carefully
coordinated with structural and mechanical conditions and shall be adjusted to avoid conflict.
C. All work shall be concealed in walls, ceilings, and chases unless specifically noted to be
exposed or otherwise approved.
SWRP EP#2 Rehabilitation 16000 - 2 10/02
I
D. The locations of electrical equipment is approximate and are not intended to convey the exact
details and mounting of location of outlets, equipment and other items. Exact locations are to
be field.determined by actual measurements.
E. Protect subgrades and foundation soils against freezing temperatures or frost. Provide protective
insulating materials as necessary.
F. Excavation for Conduit
1. Excavate trenches to indicated gradients, lines, depths, and elevations.
2. Excavate trenches to uniform widths to provide a working clearance on each side of pipe
or conduit. Excavate trench walls vertically from trench bottom to 12" higher than top
of conduit, unless otherwise indicated.
3. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and
support of pipes and conduit. Shape subgrade to provide continuous support for bells,
joints, and barrels of pipes and for joints, fittings, and bodies of conduits. Remove
projecting stones and sharp objects along trench subgrade.
a. For pipes and conduit less than 6" in nominal diameter and flat-bottomed,
multiple -duct conduit units, hand excavate trench bottoms and support pipe and
conduit on an undisturbed subgrade.
b. For pipes and conduit 6" or larger in nominal diameter, shape bottom of trench
to support bottom 90 degrees of pipe circumference. Fill depressions with tamped
sand backfill.
C. Excavate trenches 4" deeper than elevation required in rock or other unyielding
bearing material to allow for bedding course.
4. Place backfill and fill materials in layers not more than 8" in loose depth for material
compacted by heavy compaction equipment, and not more than 4" in loose depth for
material compacted by hand -operated tampers.
5. Compact soil to not less than the following percentages of maximum dry unit weight
according to ASTM D 698:
a. Under structures, building slabs, steps, and pavements, scarify and recompact top
12" of existing subgrade and each layer of backfill or fill material at 95 percent.
b. Under walkways, scarify and recompact top 6" below subgrade and compact each
layer of backfill or fill material at 92 percent.
C. Under lawn or unpaved areas, scarify and recompact top 6" below subgrade and
compact each layer of backfill or fill material at 85 percent.
6. Install detectable warning tape above conduits and pipe, 12" below finished grade,
except 6" below subgrade under pavements and slabs.
7. Protection
a. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and
erosion. Keep free of trash and debris.
b. Repair and reestablish grades to specified tolerances where completed or partially
completed surfaces become eroded, rutted, settled, or where they lose compaction
due to subsequent construction operations or weather conditions.
I Scarify or remove and replace soil material to depth as directed by
Engineer; reshape and recompact.
C. Where settling occurs before Project correction period elapses, remove finished
surfacing, backfill with additional soil material, compact, and reconstruct
surfacing.
1 Restore appearance, quality, and condition of finished surfacing to match
adjacent work, and eliminate evidence of restoration to the greatest extent
possible.
SWRP EP#2 Rehabilitation 16000-3 10/02
Disposal of Surplus and Waste Materials
a. Disposal: Remove surplus satisfactory soil and waste material, including
unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's
property unless otherwise directed by Owner.
b. Repair: Any damage to shrubs, grass or structures shall be repaired to previous
condition by Contractor at no additional expense to Owner.
3.2 PERFORMANCE TESTS
A. Thoroughly test all control circuits, services and all circuits for proper operating condition and
freedom from grounds and short circuits before acceptance is requested. All equipment,
appliances and devices shall be operated under load conditions.
B. After the interior wiring system installation is complete conduct operating tests for approval.
When requested, test all the wire, cable, devices and equipment after installation, to assure that
all material continues to possess all the original characteristics as required by governing codes
and standards listed in these specifications.
C. After motor operation has been verified make voltage readings at all panelboards and starters.
Based on these readings, make final adjustments of primary taps on all transformers in the
building as directed, or coordinate with the utility proper building voltage.
D. Perform such other tests as required by other sections of these specifications or as requested to
prove acceptability.
E. Furnish all instruments and labor for testing.
F. All material installed shall be listed, inspected, and approved by a nationally accepted testing
laboratory such as UL and/or ETL. All material shall bear the UL or ETL label where available.
3.3 PUMP/MOTOR CONTROL
A. The existing Supervisory Control and Data Acquisition (SCADA) system shall be used for the
control on the new motor.
B. This contract shall include the connection of the new �ria�fitTdriveJto the existing
plant SCADA system. Provide for all cabling, conduit and necessary adjustment and check-out
of all system functions to include digital run/stop drive circuit, 4-20mA output speed indication,
digital run indication, digital fault indication, RS-485 bus, 4-20mA input speed control signal
to drive, control of motor operated valves and conduit/cabling for the temperature switch
(alarm) at the new motor.
3.4 SUBMITTAL AND APPROVAL OF MATERIALS
A. All requirements for submittals shall comply with the applicable provisions included in the
individual specification sections.
B. Unless identified as a sole source item, the listing of product manufacturers, catalog numbers,
etc., on the drawings is intended to establish a standard of quality of the product. It is the
responsibility of the contractor to review all items he intends to submit. If equipment other than
that indicated on drawings is proposed by the contractor, the information will be reviewed at
the time of the submission of the submittal.
END OF SECTION
SWRP EP#2 Rehabilitation 16000 - 4 10/02
e-s
SECTION 16111
CONDUIT
PART 1 - GENERAL
1.1
SECTION INCLUDES
A. Metal conduit.
B. Flexible metal conduit.
C. Liquid -tight flexible metal conduit.
D. Fittings and conduit bodies.
1.2
RELATED SECTIONS
A. Section 16130 - Boxes.
B. Section 16170 - Grounding and Bonding.
C. Section 16190 - Supporting Devices.
D. Section 16195 - Electrical Identification.
1.3
REFERENCES
A. ANSI C80.1 - Rigid Steel Conduit, Zinc Coated.
r•
B. ANSI/NEMA FB 1 - Fittings, Cast Metal Boxes, and Conduit Bodies for Conduit and Cable
Assemblies.
C. ANSI/NFPA 70 - National Electrical Code.
D. NECA "Standard of Installation."
1.4
DESIGN REQUIREMENTS
A. Conduit Size: Minimum in accordance with ANSI/NFPA 70 or as indicated on the drawings,
whichever is larger.
1.5
SUBMITTALS
A. Product Data: Provide for metallic conduit, flexible metal conduit, liquid -tight flexible metal
conduit, fittings and conduit bodies.
1.6
PROJECT RECORD DOCUMENTS
€
A. Submit under provisions of Section 01700.
B. Accurately record actual routing of conduits.
1.7
REGULATORY REQUIREMENTS
^�
A. Conform to requirements of ANSI/NFPA 70.
w
B. Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose
specified and shown.
SWRP EP#2 Rehabilitation 16111 - 1 10/02
1.8 DELIVERY, STORAGE, AND HANDLING
A. Accept conduit on site. Inspect for damage.
B. Protect conduit from corrosion and entrance of debris by storing above grade. Provide
appropriate covering.
1.9 PROJECT CONDITIONS
A. Verify that field measurements are as shown on Drawings.
B. Verify routing and termination locations of conduit prior to rough -in.
C. Conduit routing is shown on Drawings in approximate locations unless dimensioned. Route as
required to complete wiring system. �~
PART 2-PRODUCTS
2.1 CONDUIT REQUIREMENTS
A. Minimum Size: 3/4 inch unless otherwise specified.
B. Wet and Damp Locations above grade: Use PVC -coated rigid steel or liquid tight flexible
conduit.
C. Inside Pump Stations: Use rigid steel or liquid -tight flexible conduit.
D. Below Grade: Use only PVC coated rigid galvanized steel.
2.2 METAL CONDUIT —�
A. Manufacturers:
1. Allied
2. Wheatland
B. Rigid Steel Conduit: ANSI C80.1.
C. Fittings and Conduit Bodies: ANSI/NEMA FB 1; all steel fittings.
2.3 LIQUIDTIGHT FLEXIBLE METAL CONDUIT
A. Manufacturers:
1. Ultatite
2. Electri-flex
B. Description: Interlocked steel construction with PVC jacket.
C. Fittings: ANSI/NEMA FB 1.
D. Applications: Use for final connections to motorized equipment in exterior locations.
2.4 PVC COATED METAL CONDUIT
A. Manufacturers:
1. Levy
2. Robroy Industries
B. Description: NEMA RN-1, rigid steel conduit with external PVC coating, 20 mil thick.
C. General: Protective layer may be factory applied or galvanized rigid steel conduit below grade
may be applied with two layers of corrosion resistant tape.
SWRP EP#2 Rehabilitation 16111 - 2 10/02
F D. Fittings and Conduit Bodies ANSUNEMA FB 1; steel fittings with external PVC coatings to
match conduit.
PART 3 - EXECUTION
3.1 INSTALLATION
,,..
A.
Install conduit in accordance with NECA "Standard of InstalIation."
F.
B.
Arrange supports to prevent misalignment during wiring installation.
C.
Support conduit using coated steel or malleable iron straps, lay -in adjustable hangers, clevis
hangers, and split hangers.
D.
Group related conduits; support using conduit rack. Construct rack using steel channel.
E.
Fasten conduit supports to building structure and surfaces under provisions of Section 16190.
F.
Do not support conduit with wire or perforated pipe straps. Remove wire used for temporary
i
supports
G.
Arrange conduit to maintain headroom and present neat appearance.
H.
Route exposed conduit parallel and perpendicular to walls.
I.
Route conduit perpendicular to walls.
J.
Maintain adequate clearance between conduit and piping.
K.
Maintain 12 inch clearance between conduit and surfaces with temperatures exceeding
e
104 degrees F.
L.
Cut conduit square using saw or pipecutter; de -burr cut ends.
M.
Bring conduit to shoulder of fittings; fasten securely.
N.
Use conduit hubs or sealing locknuts to fasten conduit to sheet metal boxes in damp and wet
locations and to cast boxes.
O.
Install no more than equivalent of three 90-degree bends between boxes. Use conduit bodies
to make sharp changes in direction, as around beams. Use factory elbows for bends in metal
F
conduit larger than 2 inch size.
P.
Avoid moisture traps; provide junction box with drain fitting at low points in conduit system.
Q.
Provide suitable fittings to accommodate expansion and deflection where conduit crosses,
control and expansion joints.
R.
Provide suitable pull string in each empty conduit except sleeves and nipples.
S.
Use suitable caps to protect installed conduit against entrance of dirt and moisture.
T.
Ground and bond conduit under provisions of Section 16170.
U.
Identify conduit under provisions of Section 16195.
V.
Ducts shall be cleaned with an flexible mandrel assembly.
W.
All conduits passing vertically through slabs on grade shall be PVC -coated rigid steel.
X.
Minimum cover for underground conduits shall be 30 inches.
Y.
Maintain minimum 7 inch separation between power and control conduits.
Z.
Provide separate conduits for digital (discrete) and analog control circuits.
AA.
PVC conduit to be threaded per Robray specifications (no showing of coating).
END OF SECTION
SWRP EP#2 Rehabilitation 16111 - 3 10/02
SECTION 16220
ELECTRICAL MOTORS
PART 1 GENERAL
1.01 SECTION INCLUDES
A. References
B. Electrical Motors
1.02 REFERENCES
A. ANSI/IEEE C2 — National Electrical Code
B. American Nation Standard Institute (ANSI)
C. American Society for Testing and Materials (ASTM)
D. ETL Testing Laboratories, Inc. (ETL)
E. Nations Electrical Code (NEC)
F. Underwriters Laboratories, Inc. (UL)
G Incase of conflict or disagreement between codes, standards, laws, ordinances,
rules, regulations, drawings and specifications, or within either document itself,
the more stringent condition shall govern.
1.03 PROJECT RECORD DOCUMENTS
A Product Technical Data: Include the following, as a minimum:
1. Acknowledgment that products submitted meet requirements of standards
referenced and specifications.
2. Manufacturer's installation, operation, and maintenance instructions
B. Ensure that submittals for motors clearly indicate the equipment is UL or ETL
listed or is constructed utilizing U1 or UL recognized components. Where a Ul -
standard has not been established, clearly identify that no Ul standard exists for
that equipment.
PART 2 PRODUCTS
2.01 General
A. Furnish one (1) Electrical Motor to be installed with the specified pump.
EPS#2 NP-4001 UPGRADE 16220 - 1 9/24/2002
B. Motor shall be designed:
1. Nema Standard Design B
2. Vertical Hollow Shaft high thrust
w 3. WP-1 Enclosure
4. Rated at 75 Horsepower
5. Squirrel cage induction full voltage type starting
6. Powered by electrical service rated at 480 volts, 60 hertz, 3 phase
7. Each motor shall be capable of driving the pump under all head conditions
with out exceeding the rated capacity of the motor.
8. Motors shall have class F insulation and 1. 15 service factor
` 9. Motors shall be Constant Frequency Drive compatible and equipped with
normally closed thermostats.
10. Motors shall have a minimum efficiency of 93.5% per IEE 112-E Test
Standard, Method B
PART 3 EXECUTION
3.01 INSTALLATION
A. Install equipment as shown on Drawings and in accordance with manufacturer's
s. direction.
}
?"'" EPS#2 NP-4001 UPGRADE 16220 - 2 9/24/2002
,--
SECTION 16123
WIRE AND CABLE
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Wire and cable.
B. Wiring connectors and connections.
1.2 RELATED SECTIONS
A. Section 16195 - Electrical Identification.
1.3 REFERENCES
A. NECA Standard of Installation (National Electrical Contractors Association).
B. NETA ATS - Acceptance Testing Specifications for Electrical Power Distribution Equipment
and Systems (International Electrical Testing Association).
C. NFPA 70 - National Electrical Code.
1.4 SUBMITTALS FOR REVIEW
A. Refer to other sections for additional requirements.
B. Product Data: Provide for each cable assembly type.
1.5 SUBMITTALS AT PROJECT CLOSEOUT
A. Refer to other sections.
B. . Project Record Documents: Record actual locations of components and circuits.
1.6 QUALIFICATIONS
A. Manufacturer: Company specializing in manufacturing products specified in this Section with
minimum three years documented experience.
1.7 REGULATORY REQUIREMENTS
A. Conform to NFPA 70.
B. Furnish products listed and classified by Underwriters Laboratories Inc. as suitable for the
purpose specified and indicated.
1.8 PROJECT CONDITIONS
A. Verify that field measurements are as indicated.
B. Conductor sizes are based on copper.
C. Wire and cable routing indicated is approximate unless dimensioned.
SWRP EP#2 Rehabilitation 16123 - 1 . 10/02 '"
1.9 COORDINATION
A. Where wire and cable destination is indicated and routing is not shown, determine exact routing
and lengths required.
PART 2 - PRODUCTS
2.1 WIRE
A.
Manufacturers:
1. Southwire.
2. American Cable.
3. Houston Wire and Cable.
4. Substitutions: Refer to other sections.
B.
Description: Single conductor insulated wire.
C.
Conductor: Copper.
D.
Insulation Voltage Rating: 600 volts.
*°
E.
Insulation: NFPA 70, Type XHHW-2.
2.2 CABLE
A.
Description: All cable extensions for use to connect to the existing SCADA system shall match
the existing cable and shall be compatible.
B.
Minimum analog circuit cable requirements shall be 250 VAC, copper twisted shielded cable
with an overall shield. Provide a minimum of one spare pair for each 4 pairs required.
C.
Minimum digital cable shall be 250VAC, copper with shield and overall shield. Provide a
minimum of one spare pair of cables for each 4 pairs required.
D.
Medium voltage cable shall be rated for 5KV, copper, stranded with EPR insulation (MV-90).
2.3 WIRING CONNECTORS
A.
Split Bolt Connectors:
1. Ilsco.
2. Buchanan.
6
3. Burndy.
B.
Solderless Pressure Connectors:
1. Ilsco.
k
2. Buchanan.
3. Burndy.
C.
Spring Wire Connectors:
1. Ideal.
_
D.
Compression Connectors:
1. Ilsco.
2. Buchanan.
3. Burndy.
SWRP EP#2 Rehabilitation 16123 - 2 10/02
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify that interior of building has been protected from weather.
B. Verify that mechanical work likely to damage wire and cable has been completed.
C. Verify that raceway installation is complete and supported.
D. Refer to specification Section 16000 for additional cabling requirements associated with the
Supervisory Control and Data Acquisition (SCADA) system.
3.2 PREPARATION
A. Completely and thoroughly swab raceway before installing wire.
3.3 WIRING METHODS
A. All Locations: Use only wire, Type XHHW-2 insulation, in raceway.
B. Use wiring methods indicated.
3.4 INSTALLATION
A. Route wire and cable as required to meet Project Conditions.
B. Install cable in accordance with the NECA "Standard of Installation."
C. Use solid conductor for feeders and branch circuits 12 AWG and smaller.
D. Use stranded conductors for control circuits.
E. Use conductor not smaller than 12 AWG for power and lighting circuits.
F. Use conductor not smaller than 16 AWG for control circuits.
G. Use 10 AWG conductors for 20 ampere, 120 volt branch circuits longer than 75 feet.
H. Install all conductors in conduit.
I. Pull all conductors into raceway at same time.
J. Use suitable wire pulling lubricant for building wire 4 AWG and larger.
K. Protect exposed cable from damage.
L. All cables shall be neatly supported.
M. Use suitable cable fittings and connectors.
N. Neatly train and lace wiring inside boxes, equipment, and panelboards.
O. Clean conductor surfaces before installing lugs and connectors.
P. Make splices, taps, and terminations to carry full ampacity of conductors with no perceptible
temperature rise.
Q. Use split bolt connectors for copper conductor splices and taps, 6 AWG and larger. Tape
uninsulated conductors and connector with electrical tape to 150 percent of insulation rating
of conductor.
R. Use solderless pressure connectors with insulating covers for copper conductor splices and taps,
8 AWG and smaller.
S. Use insulated spring wire connectors with plastic caps for copper conductor splices and taps,
10 AWG and smaller.
T. Identify and color code wire and cable under provisions of Section 16195. Identify each
conductor with its circuit number or other designation indicated.
U. The number of conductors in each conduit run shall be limited to the requirements as indicated
on the drawings and stated in Article 310-15 of the National Electrical Code.
SWRP EP#2 Rehabilitation 16123 - 3 10/02
t
3.5 FIELD QUALITY CONTROL
A. Inspect and test in accordance with NETA ATS, except Section 4.
B. Perform inspections and tests listed in NETA ATS, Section 7.3.1.
END OF SECTION
SMW EP#2 Rehabilitation 16123 - 4 10/02
SECTION 16130
BOXES
PART 1-GENERAL
1.1 SECTION INCLUDES
A. Wall and ceiling outlet boxes.
B. Pull and junction boxes.
1.2 REFERENCES
A. NECA - Standard of Installation.
B. NEMA FB 1 - Fittings and Supports for Conduit and Cable Assemblies.
C. NEMA 250 - Enclosures for Electrical Equipment (1000 Volts Maximum).
D. NFPA 70 - National Electrical Code.
1.3 SL713MITTALS FOR CLOSEOUT
A. Record actual locations and mounting heights of pull and junction boxes on project record
documents.
1.4 REGULATORY REQUIREMENTS
A. Conform to requirements of NFPA 70.
B. Provide Products listed and classified by Underwriters Laboratories, Inc., as suitable for the —
purpose specified and indicated.
r-:
PART 2-PRODUCTS
2.1 OUTLET BOXES
A. Cast Boxes: NEMA FB 1, Type FD, cast feralloy. Provide gasketed cover by box manufacturer.
2.2 PULL AND JUNCTION BOXES
A. Surface Mounted Cast Metal Box: NEMA 250, Type 4; flat -flanged, surface mounted junction
box:
B. Material: Stainless steel.
C. Cover: Furnish with ground flange, neoprene gasket, and stainless steel cover screws.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify locations of boxes in all areas prior to rough -in.
SWRP EP#2 Rehabilitation 16130 - 1 10/02
3.2 INSTALLATION
A.
Install boxes in accordance with NECA "Standard of Installation."
B.
Install in locations as shown on Drawings, and as required for splices, taps, wire pulling,
equipment connections and compliance with regulatory requirements.
C.
Electrical boxes are shown on Drawings in approximate locations unless dimensioned. Adjust
box location up to 10 feet if required to accommodate intended purpose.
D.
Maintain headroom and present neat mechanical appearance.
E.
Do not fasten boxes to ceiling support wires.
1
F.
Support boxes independently of conduit.
G.
Use cast outlet box in exterior locations exposed to the weather and wet locations.
„
H.
Pull Boxes: Use surface -mounted cast metal box in wet locations.
I.
Provide separate boxes for power, circuits, digital (discrete) circuits and analog circuits.
3.3 ADJUSTING
�a
A.
Section 01700 - Contract Closeout: Adjusting installed work
B.
Adjust flush -mounting outlets to make front flush with finished wall material.
C.
Install knockout closures in unused box openings.
3.4 CLEANING
A.
Clean interior of boxes to remove dust, debris, and other material.
B.
Clean exposed surfaces and restore finish.
3.5 REPAIR
A.
Repair any areas or surfaces damaged during conduit installation.
B.
Paint (resurface) to original condition.
SWRP EP#2 Rehabilitation 16130 2 10/02
SECTION 16170
GROUNDING AND BONDING
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Grounding electrodes and conductors.
B. Equipment grounding conductors.
C. Bonding.
1.2 REFERENCES
A. NETA ATS - Acceptance Testing Specifications for Electrical Power Distribution Equipment
and Systems (International Electrical Testing Association).
B. NFPA 70 - National Electrical Code.
1.3 GROUNDING SYSTEM DESCRIPTION
A. Metal underground water pipe.
B. Metal frame of the building.
C. Rod electrode.
1.4 PERFORMANCE REQUIREMENTS
A. Grounding System Maximum Resistance: 10 ohms. —
1.5 SUBMITTALS FOR REVIEW
A. Product Data: Provide for grounding electrodes and connections.
1.6 SUBMITTALS FOR CLOSEOUT
A. Project Record Documents: Record actual locations of components and grounding electrodes.
B. Certificate of Compliance: Indicate approval of installation by authority having jurisdiction.
1.7 REGULATORY REQUIREMENTS
A. Conform to requirements of NFPA 70.
B. Products: Listed and classified by Underwriters Laboratories, Inc. as suitable for the purpose
specified and indicated.
SWRP EP#2 Rehabilitation 16170 - 1 10/02
PART 2 - PRODUCTS
2.1
MECHANICAL CONNECTORS
A. As an option to exothermic connections below grade, Bumdy Hyground, 12 ton compression
I
type system.
2.2
WIRE
A. Material: Stranded copper.
B. Size: Minimum as indicated on the drawings.
2.3
ROD ELECTRODES
A. Material: Copper clad.
`
B. Diameter: 3/4 inch.
C. Length: 10 feet.
2.4
EXOTHERMIC CONNECTIONS
A. Manufacturers: Cadweld at all locations other than at panels, except as noted above.
PART 3 - EXECUTION
r
3.1
EXAMINATION
A. Verify that final backfill and compaction has been completed before driving rod electrodes.
3.2
INSTALLATION
A. Provide bonding to meet Regulatory Requirements.
B. Bond together metal siding not attached to grounded structure; bond to ground.
C. Equipment Grounding Conductor: Provide separate, insulated conductor within each feeder and
branch circuit raceway. Terminate each end on suitable lug, bus, or bushing.
D. Install rod electrodes. Install additional rod electrodes as required to achieve a resistance of
10 ohms or less. Minimum rod spacing shall be 10 feet.
E. Provide for a common grounding electrode system that is interconnected as indicated.
3.3
FIELD QUALITY CONTROL
l r
A. Inspect and test in accordance with NETA ATS, except Section 4.
B. Perform inspections and tests listed in NETA ATS, Section 7.13.
END OF SECTION
"""
SWRP EP#2 Rehabilitation 16170 - 2 10/02
SECTION 16190
SUPPORTING DEVICES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and
Division 1 - General Requirements apply to work in this section.
1.2 SECTION INCLUDES
A. Conduit and equipment supports.
B. Anchors and fasteners.
1.3 REFERENCES
A. NECA - National Electrical Contractors Association.
B. ANSI/NFPA 70 - National Electrical Code.
1.4 REGULATORY REQUIREMENTS
A. Conform to requirements of ANSI/NFPA 70.
B. Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose
specified and shown.
PART 2-PRODUCTS
2.1 PRODUCT REQUIREMENTS
A. Materials and Finishes: Provide adequate corrosion resistance to H25 and CL2.
B. Provide materials, sizes, and types of anchors, fasteners and supports to carry the loads of
equipment and conduit. Consider weight of wire in conduit when selecting products.
C. Anchors and Fasteners:
1. Concrete Structural Elements: Use expansion anchors, powder actuated anchors and
preset inserts.
2. Steel Structural Elements: Use beam clamps, spring steel clips and steel ramset fasteners. .
3. Concrete Surfaces: Use self -drilling anchors and expansion anchors.
PART 3 - EXECUTION
3.1 INSTALLATION
A. Install products in accordance with manufacturer's instructions.
B. Provide anchors, fasteners, and supports in accordance with NECA "Standard of Installation".
C. Do not fasten supports to pipes, ducts, mechanical equipment, and conduit.
D. Obtain permission from Engineer before drilling or cutting structural members.
SVRP EP#2 Rehabilitation 16190 - 1 10/02
rya
E. Fabricate supports from structural steel as indicated on drawings. Rigidly weld members or use
hexagon head bolts to present neat appearance with adequate strength and rigidity. Use lock
washers under all nuts.
F. Install surface -mounted cabinets and panelboards with minimum of four anchors.
G. Install conduit supports a maximum spacing specified in the NEC.
w.
END OF SECTION
... ..
h
+. SWRP EP#2 Rehabilitation 16190 - 2 10/02
SECTION 16195
ELECTRICAL IDENTIFICATION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and
Division 1 - General Requirements apply to work in this section.
1.2 SECTION INCLUDES
A. Nameplates and labels.
B. Wire and cable markers.
1.3 REFERENCES
A. ANSI/NFPA 70 - National Electrical Code.
PART 2-PRODUCTS
2.1 NAMEPLATES AND LABELS —
A. Nameplates and Labels: Engraved three -layer laminated plastic, white letters on black -
background. _
B. Locations:
1. Each electrical distribution and control equipment enclosure.
2. Field disconnects, start stop stations, control panels.
C. Letter Size:
1. Use 1/4 inch letters for identifying individual equipment and loads.
2. Use 1/4 inch letters for identifying grouped equipment and loads.
3. Use 3/8 inch letters for identifying Main Disconnect equipment.
2.2 WIRE/CONDUIT/BOX MARKERS
A. Description: Brady B-321 Heat -Shrink Polyolefin markers. Typed label to identify each
termination end point of the conductor. DC conductors shall identify polarity.
B. Locations: Each conductor at wireway, pull boxes and junction boxes, and each load
connection. All conduit penetrations identifying the location of each end.
C. Legend:
1. Power Circuits: Branch circuit or feeder number indicated on drawings.
D. Boxes:
1. Label each junction box in accessible locations to indicate the type of system
(i.e.; security; power circuit - 1,3,5; etc.)
SWRP EP#2 Rehabilitation 16195 - 1 10/02
PART 3 - EXECUTION
3.1 PREPARATION
A. Degrease and clean surfaces to receive nameplates and labels.
3.2 APPLICATION
A. Install nameplate and label parallel to equipment lines.
B. Secure nameplate to equipment front using screws or rivets.
C. Identify underground conduits using underground warning tape. Install one tape per trench at
0 „ 12 inches below finished grade. Identify all conduit at exposed locations into all boxes,
cabinets, etc. (see specification Section 16000)
D. Identify all conductors at every termination indicating endpoints of termination and tag
identification as required.
E. Color coding for phase identification:
120/240 volts Phase 277/480 VAC
Black A
Red B
Blue C
White Neutral
Green Ground
Conductor phase and voltage identification shall be made by color -coded insulation for all
conductors smaller than No. 6 AWG. For conductors No. 6 AWG and larger, identification
shall be made by color -coded insulation, or conductors with black insulation may be furnished
and identified by colored electrical tape. Conductor identification shall be provided within each
enclosure where a tap, splice, or termination is made.
END OF SECTION
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SWRP EP#2 Rehabilitation 16195 - 2 10/02
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