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Home My WebLink AboutResolution - 3894 - Contract - Rhode Construction - Phase II Overton Addition Water System Program - 05_14_1992Resolution No. 3894 May 14, 1992 Item #29 RESOLUTION IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Rhode Construction for water system improve- ments - Phase II/Overton Addition, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this L1 IlKanetteToyc, city Secretary APPROVED A TO CONTENT: e e E P �/r(ch ing Can a g �e APPROVED AS TO FORM: Dodd u. vanalver, rirst Assystan City Attorney jDGV:js/RS0DEC0N.RES./D2-Aganda MONTHLY ESTIMATE CITY OF-* LUBBOCK Project: Overton Dater System Upgrade Phase II Project No. 2125-553102-9644 Contractor: Rhode Construction Co. Estimate No. . 5 6 Final Address: P.O. Box 53170 Oril?inal Contract$ 130,705.58 T T�nrk _ T'L 7QQ 5'1 Amended Contract $118,761.14 ��is Estimate Period From September 1 ' 19 92 to October 5 19 92 On First estimate and final estimate use actual work dates ITEM UNIT OF MEASURE PROJECT EST. QUANTITIES WORK DONE ON CONTRACT,. CONTRACT _PRICE--- _,.._. .AMOUNT_. 8. 12 x 10 inch tapping sleeve -Fach and tapping valve furnished -..._ _._. _•---..-.__-- and installed, including wet ---• - - ------ tie -in -and valve bo. - -• - - • - - - - • - in place, per each; 9. 6 x 6 inch tapping sleeve and Each 2 tapping valve furnished and - installed, including wet tie- in and valve box, complete in _ --- - place, per each; -- - - 10. 30" 1 1 4,485.00 P-303 cylinder tapping -Saddle, 12" Flanged tapping valve wet ties and - other incidentals necessary or a complete installation in place, per each; 11. 2 inch taps and corporations Each 1 or 4 inch cast iron furnishedand installed, complete in -- -- place, per each; - -•• 12. 2" Couplings for cast iron Each 1 2 _--.160.0( furnished and installed, complete in place, per each; _.--- 13. 4" Couplings for cast iron Each 2 .2 200.0( furnished and installed, complete in place, per each; MONTHLY ESTIMATE CITY OF LUBBOCK. Project: Overton Water System Upgrade Phase II Project No. 2125-553102-9644 Contractor: R}hnrip r nna rritr H rn ro . Estimate No. 5 & Final Address: P.O. Box 53370- Original Contract$ 130,705.58 Lubbock, TX 79453 Amended Contract $118,761.14 Estimate Period From September 1 , 19-2; to nrrrihPr 5 , 19_2z On First estimate and tinal estimate use actual work dates ITEM UNIT OF MEASURE PROJECT EST, OUANTITIES I WORK DONE ON CONTRACT CONTRACT PRICE AMOUNT 1. 12" Approved Class 150 vine L.F. 4,048 3 17.55 69 980.62 furnished and installed including fittings, complete in place, per linear root; 2. 12" Ductile iron vine fur- L.F. 50 128 3 339.52 nished and installed inclu- ding fittings, complete in ' place, per linear foot; 3. 6" Ductile iron pipe, fur- L.F. 35.00 827.4 nished and installed inclu- ding fittings, complete in place, per lirrear foot; 4. 4" Ductile iron PiDe fur- Each 20 20.QO 2 2 466.4 nished and installed inclu- ding fittings, complete in _- lace, per linear foot; 5. 4" Gate valve and box fur- Each 3 74I�J nished and installed com let in place, per each-, 6. 12" Gate valve and box, Each 3 2 1,556.00 furnished and installed complete in place, per each; 7. 14 x 12 inch tapping sleeve Each' 1 1$3.333.00 3,333.00 and tapping vavle furnished and installed, including wet tie-in and valve box, complete in place, per each, ~' MONTHLY ESTIMATE CITY OF LUBBOCK Project: Overton Water System Upgrade Phase II Project No. 2125-553102-9644 Contractor: RhotiP Construction Co. Estimate No. 5 & Final Address: P.O. Box 53370- Original Contract S $130., 705.00 Lubbock, TX 79453 Amended Contract $118,761.14 Estimate Period From September 1 19�2 to _ October 5 , 19 )? On First estimate and final estimate use actual work dates ITEM . UNIT OF PROJECT WORK DONE CONTRACT MEASURE EST. OUANTITIES1 ON CONTRACT PRICE AMOUNT 14. Wet —ties incltidinv lnhnr anrt I Fort, I . S 1 •4 S 284-nO 1,136.00 incidentals necessary 15. Boring including 24" encaseZ. 120 g ment and approved 12 Class 150 pipe turnished an installed in bore, complete in place, per linear foot; 16. Concrete base for paving S.Y. 1,865 969.57 16,482 repair' complete in place, per square yard; 1 4-12" 450 bends including material ost, labor, concrete blocking, p ofit, bo d and overhead 2,909.2f 2 - Tie-ins to existing 6" lines using 6 x 6 tees couplings and 6" gate va ves in 1 eu of 2 - 6 x6 tapping sleeves and valves 'n Item NO. 9 2 @ 596.85 1,193.7( APPROVED: F "' Fmg, ` r""" Tot it Amount of Work Doge 91 11$, 761.14 /Cy t I�f �l l.tlltt115 t1V: ....... %o Less 5 % Retained .......... S ngineer Date Difference ............. I Less Special Deduction ........... S Checi.e0 b : vt eattIFDate Less Liquidated Ddinage ......... S ' R WAz[ to Less Precious Pay;�tents. ......... S100,879.81 _ Dire or Pate Amount Due this Estimate......... S 17 Rf2t 3� Attest: CHANGE ORDER NO. 1 OVERTON ADDITION WATER SYSTEM UPGRADE, PHASE II BID NO. 11947 2121-553102-9644 TO: RHODE CONSTRUCTION COMPANY P.O. BOX 53370 LUBBOCK, TX 79453 ORIGINAL AMOUNT OF CONTRACT $130,705.58 AMOUNT THIS CHANGE ORDER ($ 11,944.44) AMENDED -AMOUNT OF'CONTRACT- $118,761.14 WHEREAS, is desirable to make changes in the plans and specifications for this project. THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and Contractor agree to the change shown herein and in the attached exhibits and data and the Owner and the Contractor agree that the ORIGINAL contract between them shall be modified and amended to the extent herein indicated. --IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 21st day of October , 1992. RHODE CONSTRUCTION COMPANY ` Byf 4:1� o_� Carmen G. Rhode President CITY OF LUBBOCK OWNER By 28� 5 Bob Cass Acting City Manager R R MMENDED FOR APPROVAL B� .� Y Dip A. Hawkins, P.E. Director of Water Utilities Sally Ab Acting City Secretary f CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK Before me, a Notary -Public in and for Lubbock County, Texas, on this day personally appeared ��.��11.r� G'. ✓aaf , who being by me duly sworn, upon oath says: do represent to the City of Lubbock and solemnly swear that I executed a co act w' h the City of 1, bbock, said contract,,being dated r� Z , for A/1AS.6_� = c�✓ce2 / � _�,d '�� unde , and that the work and contract hIs been completed according to the plans and specifications pertaining to the project and that all labor, materials, supplies and other cost including equipment, rental- and hire, and all expense items incurred in connection with -said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this ZZ: day of Attest: Subscribed and sworn to before me this the ZZ day of(0cTr)8'�,,e ` �'•"x" SHARON KINARD •: • MY COMMISSION EXPIRES March 20, 1994 otary Public In and or Lubbock County, Texas RHODE CONSTRUCTION COMPANY P.O. Box 53370 Phone (806) 792-0185 8207 Ithaca, Suite A Lubbock, Tx 79453 TeleMx (806) 792-0277 Lubbock, Tx 79423 October 22, 1992 Richard Barton, P.E. City of Lubbock Water Utilities P.O. 2000 Lubbock, Texas 794500 Re: Phase II - Overton Addition Water System Improvements Dear Richard: As required by paragraph 42 of the general conditions we are notifying you that the above referenced project was complete on October 5, 1992. Sincerel Monte Taylor Project Manager CITY OF LUBBOCK SPECIFICATIONS FOR PHASE II - OVERTON ADDITION WATER SYSTEM IMPROVEMENTS BID # 11947 ll�mamm ft-/ CITY OF LUBBOCK Lubbock, Texas '*"�Cs -43x94 CITY OF LUBBOCK SPECIFICATIONS for 717LE: PHASE 11-OVER70H ADDITION {DATER SYSTEM IMPROVEMENTS BID NUMBER: 11947 PROJECT NUMBER: 2125-553102-9644 CONTRACT PREPARED BY: Purchasing Department r-- (THIS PAGE LEFT BLANK INTENTIONALLY) 1. 2. 3. 4. 5. 6. 7. S. 9. 10. 11. 12. INDEX PAGE NOTICETO BIDDERS ........................................................................................3 GENERAL INSTRUCTIONS TO BIDDERS............................................................................5 BID PROPOSAL - BID FOR UNIT PRICE CONTRACTS...............................................................10 PAYMENTBOND..............................................................................................14 PERFORMANCEBOND........................................................................ ...............17 CERTIFICATEOF INSURANCE..................................................................................20 CONTRACT...............................................................................................22 GENERALCONDITIONS OF THE AGREEMENT.......................................................................24 CURRENT WAGE DETERMINATIONS...............................................................................42 SPECIFICATIONS.................... ............................................. ...........43 SPECIALCONDITIONS........................................................................................44 NOTICEOF ACCEPTANCE......................................................................................45 -2- (THIS PAGE LEFT BLANK INTENTIONALLY) r NOTICE TO BIDDERS -3- (THIS PAGE LEFT BLANK INTENTIONALLY) r NOTICE TO BIDDERS BID 011947 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock a.m. on the 30th day of April. 1992, 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: PHASE II - OVERTON ADDITION WATER SYSTEM IMPROVEMENTS After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 14th day of May, 1992, at Municipal Bldg., Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond E and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should r be issued by a company carrying a current Best Rating of I or superior, as the rating of the bond company is t! a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a r reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that ell such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. r 7 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There will be a pre -bid conference on 23rd day of April. 1992. at 10:00 o'clock a.m., Personnel Conference Room #108, Municipal Building, 1625 13th Street. CITY OF LUBBOCK Z Y: Eads, C.P.M. Purchasing Manager ADVERTISEMENT FOR BIDS 7 BID # 11947 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 30th day of April. 1992. 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: PHASE II - OVERTON ADDITION WATER SYSTEM IMPROVEMENTS After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. The plans, specifications, proposal forms and contract documents may examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Am. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There will be a prebid conference on 23rd day of April. 1992, at 10:00 o'clock a.m., Personnel Conference Room 108, Municipal Building, 1625 13th Street. BY: We Eads, C.P.M. .. PURCHASING MANAGER (THIS PAGE LEFT BLANK INTENTIONALLY) 7 GENERAL INSTRUCTIONS TO BIDDERS r -4- (THIS PAGE LEFT BLANK INTENTIONALLY) r FGENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The work to be done under the contract documents shall consist of the following: Furnish and install water lines for upgrading water system in Phase II Overton Addition. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the Gen- eral Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. F3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 90 (NINETY) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor 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 sub- mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple- tion of the project within the time specified. S. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. -5- 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for pro- tecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provi- sion. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against de- fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished di- rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup- pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con- tractor. 10. PROTECTION OF THE VORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi- als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc- tion, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City re- serves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma- terials to be incorporated into the work without paying the tax at the time of purchase. .6- F 7 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construc- tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur- nish Contractor the location of all such underground lines and utilities of which it has knowledge. How- ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under- ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig- nals, 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 re- placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri- cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast- ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger Life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written -7- notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subroga- tion. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the'effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The _ bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there- under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu- ments does not release the Contractor from compliance with any wage law that may be applicable. construc- tion work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc- tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. -8- The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES ((( Proposals submitted containing any conditions which provide for changes in the stated bid price due to in- creases or decreases in the cost of materials, labor or other items required for the project will be re- jected and returned to the bidder without being considered. r 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes t to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis- tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an indi- vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by e company or corporation, the company or corporate new and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol- lowing: (a) Notice to Bidders. (b) General Instructions to Bidders. W Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. M General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. if Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered !( incorporated by reference into the aforementioned contract documents. (THIS PAGE LEFT BLANK INTENTIONALLY) r BID PROPOSAL r -10- (THIS PAGE LEFT BLANK INTENTIONALLY) 1 BID FOR UNIT PRICE PLACE: L C-4 OGIe DATE: 4 PROJECT NO:_ % / % Proposal of AZAa 62ew Ca -x5 Z/'//rT/ion (. (hereinafter called "Bidder") To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called "Owner") Gentlemen: The Bidder in compliance with your invitation for bids for the construction of having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated in Exhibit "A". The Bidder binds himself on acceptance of his proposal to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. 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 90 (NINETY) consecutive working days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay the owner as liquidated damages the sum of $100.00 {ONE HUNDRED DOLLARS) for each consecutive calendar day In excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with Instruction No. 20 of the General Instructions to Bidder. 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. Enclosed with this proposal is a Cashiers Check or Certified Check for Dollars (S ) or a Proposal Bond in the sum of Sri a7, Dollars (S ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise said check or bond shall be returned to the undersigned upon demand. �r 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. 6Vt-) 5Ar-ezC f/Oh �d Contractor f By.Q/Yi'yt,lrw/ lJ'L✓--�� G c4 h 0C&0 TY -79453 (Seal if Bidder is a Corporation) ATTESTe. (Zo—t4 4 i Secretary i r _ , ' BID PROPOSAL BID FOR UNIT PRICE CONTRACTS :(( Item Quantities Per Total 1. No. & Units Description of Item & Unit Prices Unit Amount t_r 1. 4,04E L.F. 12w Approved Class 150 pipe furnished and installed including fittings, complete in j� place, per linear foot; SERVICES: „F- 4o /Do lzo_�.r.1 ($�SdR,6R f MATERIALS: 9S/ioa �,.�.�Gun� 7 9S ;/i172 �5 ,/ d- ($ )$3. Cj. TOTAL Ole, 2. 50 L.F. 12" Ductile iron pipe furnished and installed including fittings, complete in place, per _ linear foot; `,. SERVICES:dr L� 4 3,ZZ4 e7 eze-�.2« (S /Z.� 3 )S _ 3 MATER ALS• IZ.�.� �- .4G/ids .-C�U�(S /3,�� )S G73.dc TOTAL ($ )$ 3. 20 L.F. 6" Ductile iron pipe furnished and installed including fittings, complete in place, per linear foot; L SERVICES: ��vc�l., ,7�.,,�� .� d�4/ion .. 0. (S /7,8.4 )$3S4. Ra MATERIALS: d''.1 oe )$ Im"06 2 .3, G $ �/72, g,0 4. 20 L.F. 4" Ductile iron pipe furnished and installed including fittings, complete in place, per linear foot; SERVICES: d o S /7. g6 )S 05 MATERIALS: .�.c��° - v �S Z /�e a (S •S;S2 )S //O,¢z G ,L TOTAL: 62//ar, C%� ($ �, 3 2 ) $ I- BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Per Total No. __--_--&- Units _-- Description_ of Item _&_ Unit -Prices ----- Unit Amount-- 5. 3 Each 4" Gate valve and box, furnished and installed complete in place, per each; SERVICES ($ O,on )$ 24761 MATERIALS: m ,�¢,� o a��-lE'c -(S 6 7, o ) $ .S o 1.06 TOTAL: a d ($ .2Y7Da )$ ��/,o 6. 3 Each 12" Gate valve and box, furnished and installed complete in place, per each; SERVICES: cam.& MATERIALS:�i;,� `u�.,� i C¢�,.,i .� �n.o�oo �� li' $ 6t0,D2 ) $ l P'30.yz) TOTAL : /.1.c�,a.eoe� (S 77rY,d a ) $ 2,331, ao: �. 7. 1 Each 14 x 12 inch tapping sleeve and tapping valve furnished and installed, including wet tie -.in and valve box, complete in place, per each; SERVICES: �j ko—d-u4d_ea($ 47S,o, )$ 67 MATERIALS:a,..c��- �.�-�� d` ($�-� n�o)$ 2. G ��,oc - TOTAL: 8. 1 Each 12 x 10 inch tapping sleeve and tapping _ valve furnished and installed, including wet tie-in and valve box, complete in ple y ms' V r cct-�e �N- SERVICES: ef---xrz)ziao elo-_eex_� ($ MATERIALS: •� -• .►��foo au-($ /.347,06)$ I-4 7,Q, TOTAL: " o $ / ) $ n 7[ ' BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Per Total No. & Units Description of Item & Unit Prices Unit Amount --------------------------------------------------------------------------------- 9. 2 Each 6 x 6 inch tapping sleeve and tapping valve furnished and installed, including wet tie-in and valve box, complete in place, per each; SERVICES: A-z"_'&2 /'-X , he')'24L � $ 3W.06 )$ 6oa,o-b MATERIALS:_ TOTAL: ` �dv.�.f �,,— f- (s S.'R%OD )$ laazo o --7c.e/iod da�a*a- 10. 1 Each 30" x 12" Tap on Gifford Hill P-303 cylinder pipe including tapping Saddle, 12" Flanged tapping valve, wet ties and other incidentals necessary for a complete installation in place, per each; SERVICES• ($3,5"36,o )$ 3 3 MATERIALS: (S Ir147ao $ 2¢7� TOTAL: .Z"�, 4� (3 4-S— ) $ 11. 1 Each 2 inch taps and corporations for 4 inch cast iron furnished and installed, complete in place, per each; SERVICES• 4 e &4 MATERIALS: yx (S /SyDa)S !S`9,a TOTAL:o`� L r s BID PROPOSAL 'r BID FOR UNIT PRICE CONTRACTS Item Quantities Per Total No. & Units Description of Item & Unit Prices Unit Amount --------------------------------------------------------------------------------- 12. 1 Each 2" Couplings for cast iron, furnished and installed, complete in place, per -r each; SERVICES'-r (s do,oa Cc,00 MATERIALS Ai TOTAL: v (S b'0'06)$ 13. 2 Each 4" Couplings for cast iron, furnished 4 and installed, complete in place, per each; , SERVICES�'S�,,��T�.�� v_ �oe Q%a�v (S �o.op )S 1 MATERIALS4,L,4_zl'_!2-5 'L /kd //eu p TOTAL;0' Lam? �!c o b'c.+_(S lmd� } S Zoa,0o 14. 5 Each Wet -ties including labor and incidentals necessary for making tigg ins, complete in place, per each; w f� i SERVICES: o o a�� — (S zfl9,aa )$ / 4znm MATERIALS:_`4;#Zv/ TOTAL: 15. 114 L.F. Boring including 24" encasement and approved 12" Class 150 pipe furnished and installed in bore, complete in place, i per linear foot; S ERV I C ES" - �u�v ids R-C��,,_ (� 3-y, �L ) S �v�v Q• �, MATERIALS '/ — � tF-%no�l�(S 2,00 aR jS"Q�Q TOTAL' r r' 4, BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities No. Units Item Unit Prices_______ Per Total Unit_____ Amount__ ________Description _of_ __+____&_ _&_ _ C 16. 1,865 S.Y. Concrete base for paving repair, complete in place, per square yard; SERYICES:L,2'M MATERIALS:(::2 , So/zoo ale //av-s TOTAL Z, ($ 12,00 )$ S! 70 0 TOTAL BID (Items 1 through 16) $130 70 S-, °L L . LL L i� No Text t LIST OF SUBCONTRACTORS r 1, This form shalt be comteted and submitted with the Bidders Proposal. U. 3 4. i 6. 7. (c 9. 10. i !L L . s Minority Owned Yes No _ .Z (THIS PAGE LEFT BLANK INTENTIONALLY) CNA INSURANCE COMPANIES BID BOND t KNOW ALL MEN BY THESE PRESENTS: That we Rhode Construction Company Lubbock, Texas Principal, 'and Continental Casualty Company Surety, are held and firmly bound unto CITY OF LUBBOCK Obligee, In the sum of Five Percent of Greatest Amount Bid----------------------------------------------- Dollars ($---------5%--------) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for PHASE II OVERTON ADDITION NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified In the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain In full force and effect. Signed, sealed and dated Rhode Construction Company APRIL 30, 1992 (Principal) by �i. a-✓ -%�. (Seal) CARMAN G. RHODE, PRESIDENT Continental Casimaltv Com an (Surety) by H ART) COWAN Attomey-in-Fact 1, G•104684-A j C/NA For All the Commitmerts You Hake' 0 PAYMENT BOND -14- (THIS PAGE LEFT BLANK INTENTIONALLY) SWT7-74094� STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 BOND CHECK OF THE REVISED CIVIL STATUTES OF TEXAS BEST RATING ,14t ' AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, LICENSED IN TEXAS 1959 DATA* BY RHODE CONSTRUCTION COMPANY KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and CONTINENTAL CASUALTY COMPANY (hereinafter called the Surety(s), as ure (se.hel a fir ly oNnd unto the City of Lubbock (hereinafter called the Obligee), in the amount of `iN~: " W'w�ltars (E G OS Sit lawful money of the United States for the payment whereof, the sad Principal and Surety bind themselves, and their heirs, adminis- trators, executors, successors and assigns, jointly and severally, firmly by these presents. v�,�� /WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of Y IIAM 10�.� rn � t - and said Principal under the`law is required before commencing the work provided for in said contract to execute i [ 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. r' NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the said Principal shall 4 Pa pay all claimants supplying labor and material',to him or a sub -contractor in the prosecution of the work provided for in said con- tract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on j+r! this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were l copied at length herein. j -15- 1 , 1N WITNESS HEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 5 day of 19&. CONTINENTAL CASUALTY COMPANY Surety Principal RHODE CONSTRUCTION COMPANY *By: _ p (Title) ey:�a--+-ri...✓ /�, HOWARD COWM C. /P r r Si i l� et)4- ANY 1% F FiC�T , N , By: (Title) By: (Title) c� "10111X""k AN company represents that it is duly qualified to do business in Texas, and hereby des- ignates 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. CONTINENTAL CASUALTY COMPANi J Surety *By. (Title `WOVIARD CO - t4 Approved as to form: -pTTY 1N IFACT Cit ubbock By: 71�4 kA 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. -16- IMPORTANT NOTICE: PLEASE READ COMPLAINT NOTICE: SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR ABOUT A CLAIM THAT YOU HAVE FILED, CONTACT THE AGENT OR WRITE TO THE COMPANY THAT ISSUED THE BOND #500773084. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE THE STATE BOARD OF INSURANCE, P.O. BOX 1490919 AUSTIN, TEXAS 78714-9091. FAX # (512)475-1771. THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THIS BOND #500773084. r 4. 7, 7 Continental Casualty Company CI DIVA r Far All the V wnmit -nl, Jim, Mahr AN ILLINOIS C O R► O R A T I O N POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having Its principal office In the City of Chicago, and State of Illinois, does hereby mane. constitute i and appoint Howard Cowan. Mike Henthorn, Ron Stroman, Carla Rogers, Pete 3inggeli. Kevin J. Dunn. Angie Goff, Marla Stevens, Individually r" 7 of Lubbock, Texas Its true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds. undertakings and other obligatory instruments of similar nature In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such Instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX —Execution of Documents Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, appoint by writtencertificales attorneys -in -fact to act in behalf of the Company in the excecution of policies of insurance, bands, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full_power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. the President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attomey-fn-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified byy certificate so executed and sealed shall, with respect to any bond or undertaking to which It is attached, continue to be valid and bindino on the Company." In t drwss Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of January , 19_ 92 � rrswr t� State of Illinois 1 County of Cook I ss • sEAL +M CONTINENTAL CASUALTY COMPANY J. E. Punell Vice President. On this 24th day of January !9 92 , before me personally came J. E. Purtell, to me known, who, being by me duly sworn. did depose and say: that he resides in the Village of Glenview. State of Illinois: that he Is a Vice -President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument: that he knows the seat of said Corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to the said Instrument is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority. and acknowledges same to be the act and deed of said corporation. O* c-Of VOTARY N rusuc ,m `°t G1J Linda C. Dempsey Notary Public. CERTIFICATE My Commission Expires Oct.o- er 19, 1994 I, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the Sy -Laws of the Company and the Resolution of the Board of Directors, set forth in said Power Of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said 15TH Company this day of MAY t9�Z C-S George R. Hobaugh Assistant Secretary Form 1-23142-13 INV. NO. G-59200.8 roo r PERFORMANCE BOND -1T- (THIS PAGE LEFT BLANK INTENTIONALLY) Fop" STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 BOND CHECK r OF THE REVISED CIVIL STATUTES OF TEXAS AS BEST RATING AMENDED BY LICENSD IN TEXAS ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 DATF�� BY ~ RHODE CONSTRUCTION COMPANY KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and CONTINENTAL CASUALTY COMPANY (hereinafter called the Surety(s), as ure (s)a.ase el a f rme bgwd..t�o the City of Lubbock (hereinafter called the Obligee), in the amount of� o - Dollars lawful money of the United States for the payment whereof, the said P incipal and S rety bind themselves, end their heirs, administra- tors, executors, successors and assigns, jointly and severally, firmly by these presents. REAS, the Princ l has entered into a certain written contract with the Obligee, dated the �i � y of 1 to 44. D A 4, and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per- form the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. I' TNESS WHEREOF, the id Principal (s) and Surety (s) have signed and sealed this instrument this %S day of 1: CONTINENTAL CrO12WIALTY COMPANY RHODE CONSTRUCTION! COMPANY Surety Principal (Tit1e'HOWARD COWAN ATTY IN FACT P��s;d (Title)le) By: (Title) By: (Title) r 7 -IS- The undersigned s} �r`� ny represents that it is duly qualified to do business in Texas, and hereby designatesu C1�'JAR D �L6r1'�esident 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. INENTAt CASUALTY COMPANY Surety *g (Title) Approved as to Form I'OWAR D COW AN ATTY IN FACT City o ubbock By: Izf 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. -19- f MPORTANT NOTICE: PLEASE READ COMPLAINT NOTICE: I HOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR ABOUT A CLAIM THAT YOU HAVE FILED, CONTACT THE AGENT OR WRITE TO THE COMPANY THAT ISSUED THE BOND #500773084. IF THE PROBLEM IS NOT RESOLVED, U MAY ALSO WRITE THE STATE BOARD OF INSURANCE, P.O. BOX 1490919 TIN, TEXAS 78714-9091. FAX # (512)475-1771. THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR ONDITION OF THIS BOND #500773084. Continental Casualty Company CNA Aw All thr 0ommil aw•nr. Yiw llahr' AN I ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents. That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having Its principal office In 'me City of Chicago, and State of Illinois, does hereby mane. constitute and appoint Howard Cowan, Mike Henthorn, Ron Stroman, Carla Rogers, Pete Binggeli, Kevin J. Dunn. Angie Goff, Marla Stevens, Individually of Lubbock, Texas Its true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seat and execute in its behalf bonds. undertakings r, and other obligatory instruments of similar nature In Unlimited Amounts - r and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such Instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX —Execution of Documents Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time. appoint by writtencertificates attomeys-in•fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys•in-fact, subject to the limitations set forth in their respective certificates of authority, shall have fullSower to bind the Company by their signature and execution of any such instruments and to attach the seat of the Company 1 thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the r Board of Directors of the Company at a meeting duly called and held on the 3rd day of April. 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any i power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified r' by certificate so executed and sealed shalt, with respect to any bond or undertaking to which it is attached, continue to be valid and bindinc on the Company." ` In W ATwss Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by Its Vice President and its corporate seal to be hereto affixed on this 24th day of January - 19_ 92. CONTINENTAL CASUALTY COMPANY 0SEALState of Illinois iPM County of CookI as J. E. Purtetl Vice President. On this 24th day of January • 19 92 - before me personally came J. E. Purtell• to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Glenview. State of Illinois: that he is a Vice -President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above Instrument: that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed Pursuant to the said Instrument is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority. and acknowledges same to be the act and deed of said corporation. O1, G OF NarAttr ►usuc n' J e+ t Unda C. Dempsey Notary Public. CERTIFICATEMy Commission Expires Oc ogler 19, 1994 1, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the ByLaws Of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal Of the said Company this 15TH day Of MAY 19 92 C1S W[ +� Inc c1� • i l George R. Hobaush Assistant Secretary Form 1.231,42.8 k INV. NO. G-59200-8 CERTIFICATE OF INSURANCE 19 -a0. (THIS PAGE LEFT BLANK INTENTIONALLY) 7 r P" I u � 'y� a '4["° � ^'.- . �°', �• .�v,�fi.. y .�, '� ^; � £'r,. r c 7;7vs fya d" r r�� : �:> � � � a'"[kas"r'', s 1 -� �aw S lC ,T OF NSI ANCE � it r fd u�t 4 ISSUE DATE (MMIOD/YY) 1 ti s� ,fir t t t tt a !S g s;� � � r ... ,._.>.,' �,... 5/15/92 -"xi PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ME INWEST GROUP CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DESTA DRIVE, ��5550 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DLAND, TEXAS 79705 COMPANIES AFFORDING COVERAGE COMPANY LETTER A ST. PAUL LLOYDS COMPANY COMPANY LETTER B INSURED ST. PAUL FIRE & MARINE ODE CONSTRUCTION COMPANY COMPANY P. 0. BOX 53370 LETTER C ST. PAUL INSURANCE_._COMP.ANY LUBBOCK, TEXAS 79453 COMPANY D LETTER ST. PAUL INSURANCE COMPANY COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO ' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION; LIMITS TR• DATE (MM/DOIYY) DATE (MM/DO/VY) i GENERAL LIABILITY GENERAL AGGREGATELY S 2 000� 691NJO678 1O/1/91 1O/1/92 2,000X COMMERCIAL GENERAL LIABILITY �-CLAIMS MADE, X jOCCUR. PERSONAL & ADV. INJURY $ 1 OOO OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE S ] OOO FIRE DAMAGE (Any one fire) S 50 MED. EXPENSE (Arty one person) S 5__,___..___ AUTOMOBILE LIABILITY COMBINED SINGLE iX ;ANY AUTO 691NJO678-1 10/1/91 10/1/92 LIMIT S 1 OOO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S X .HIRED AUTOS `BODILY INJURY X NON -OWNED AUTOS (Per acoldent) S GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE E1Os000 $ 'UMBRELLA FORM 691NJO678-2 10/1/91 10/1/92 AGGREGATE '$10 000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION ;STATUTORY LIMITS D: AND WV09102460 10/1/91 10/1/92 `EACHAccIDENT S DISEASE —POLICY LIMIT S 500 EMPLOYERS' LIABILITY j DISEASE —EACH EMPLOYEE $ 500 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CITY OF LUBBOCK - PRASE II - OVERTON ADDITION WATER SYSTEM UPGRADE PROJECT DITIONAL INSURED IN FAVOR OF CITY OF LUBBOCK ,VpM&y 1.�.sw k'x, a nIt"; CITY OF LUBBOCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE P. 0. BOX 2000 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO LUBBOCK, TEXAS 79457 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AG NTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE •} i Cj.'. YYwJ6nhyhyj�.5dd in'�^.'3''.}"X'�V t Y!`^r�n R'JPfi': 4'P°f4r�,q .ZS.11101 .eta-�•Y ISSUE DATE (MMIDDIYY) 5 W /15/92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ME INWEST GROUP CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 6 DESTA DRIVE, #5550 POLICIES BELOW. MIDLAND, TEXAS 79705 COMPANIES AFFORDING COVERAGE COMPAN LETTER Y A ST. PAUL INSURANCE COMPANY COMPANY INSURED LETTER ---------- - RHODE CONSTRUCTION COMPANY COMPANY p P. 0. BOX 53370 LETTER LUBBOCK, TEXAS 79453 COMPANY LETTER COMPANY LETTER E _V .1NM THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE'INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i CO: TYPE OF INSURANCE POLICY NUMBER LIMITS I.Tk POLICY EFFECTIVE POLICY EXPIRATIOM DATE (MM/DD/YY) DATE IMM/DDNY) GENERAL AGGREGATE 000 GENERAL LIABILITY S500 A X COMMERCIAL GENERAL LIABILITY **FORTHCOMING 5/15/92 5/15/93 PRODUCTS-COMPIOP AGG. 5 PERSONAL & ADV. INJURY S CLAIMS MADE, X OCCUR. J X OWNER'S & CONTRACTOR'S PROt EACH OCCURRENCE 111500,000 FIRE DAMAGE (Any one fire) S S MED. EXPENSE (Any one personk S AUTOMOBILE LIABILITY COMBINED SINGLE f ANY AUTO LIMIT S ALL OWNED AUTOS BODILY INJURY T S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) S GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION i STATUTORY LIMITS EACH ACCIDENT 3 AND DISEASE —POLICY LIMIT S EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE S OTHER NAMED INSURED: CITY OFLUBBOCK P. 0. BOX 2000 LUBBOCK, TEXAS 79457 DESCRIPTION OF OPERATIONSILOr-ATIONSIVEHICLES/SPECIAL ITEMS RE:. CITY OF LUBBOCK - PHASE II OVERTON ADDITIONS WATER SYSTEM UPGRADE PROJECT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF LUBBOCK EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO P. 0. BOX 2000 MAIL -1-0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LUBBOCK, TEXAS 79457 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS/111PENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE N N (THIS PAGE LEFT BLANK INTENTIONALLY) r- 7 CONTRACT STATE OF TEXAS I COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this May 14. 1992, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Rhode Construction Co. of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS, hereinafter termed CONTRACTOR. {r ` WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol- lows: 7 BID # 11947 - PHASE II - OVERTON ADDITION WATER SYSTEM UPGRADE PROJECT IN THE AMOUNT OF $130,705.580. s 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. f The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have Texas in the year and day first above written. r" ATTEST: Secr tary 1 ATTEST: 6 1, (4 a4" Z Corpovate Secr ry RHODE CONSTRUCTION CO. CONTRACTOR TITLE: Adesidellll* COMPLETE ADDRESS: PO BOX 53370 LUBBOCK. TX 79453 -23- (THIS PAGE LEFT BLANK INTENTIONALLY) GENERAL CONDITIONS OF THE AGREEMENT r -24- (THIS PAGE LEFT BLANK INTENTIONALLY) GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con- tract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, copartnership or corporation, to -wit: RHODE CONSTRUCTION CO., who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to WILFORD WATSON, WATER UTILITIES CHIEF ENGINEER, City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na- ture, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work. 6. SUBCONTRACTOR 4 The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no re- sponsibility 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 P" due Subcontractor. -25- 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract docu- ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu- ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. 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 Contractors layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract docu- ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences _ or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract docu- ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his on -site observations, he will keep the owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. C�Z_= All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence- ment of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shalt suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Con- tractor shall be allowed no extra compensation therefore. The Contractor shall give the owner's Repre- sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa- tive at Contractor's expense. F14. OWNER'S REPRESENTATIVE'S AUTHORITY AND OUT Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and L disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this rcontract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance I with the meaning and intent of this contract, either party may file with said owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc- tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there- from shall be thereafter adjusted to arbitration as hereinafter provided. I The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela- tive to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Con- tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. -27- 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all — satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the — work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Con- tractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or.any other persons performing any of the work. r = 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na- ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate - Hats to be encountered, the character of equipment and facilities needed preliminary to and during the -d prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis- orderly, such man or men shall be discharged from the work and shall not again be employed on the work with- out the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu- tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur- nish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of mien or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shalt at all times be maintained in a manner satisfactory to the Owner's Representative. _ 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob- servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. -28- F 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser- vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am- ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep- resentative may reject any work found to be defective or not in accordance with the contract documents, re- gardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether owner's observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre- sentative, be uncovered for examination at 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 Representa- tive to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representa- tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec- tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, ((( tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with rthe requirements of the contract documents. ( 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shalt be deemed by the owner or Owners$ Representative as un- suitable or not in conformity with plans, specification and contract documents, the Contractor shalt, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re- build or otherwise remedy such work to that it shalt be in full accordance with this contract. It is fur- ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. �^ 23. CHANGES AND ALTERATIONS `F The Contractor further agrees that the Owner may make such changes and alterations as the owner may see fit, in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part 1 thereof, either before or after the beginning of the construction, without affecting the validity of this I contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in- crease the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In e -29- 24. case the Owner shall make such changes or alterations as shall sake useless any work already done or mate- rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, al- teration or addition to the work as shown on the plans and specifications or contract documents and not cov- ered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa- tive when presented with a written work order signed by the owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - if neither Method (A) or Method (B) be agreed upon before the extra work is com- menced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this para- graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat- ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin- ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and com- pensate him for his profit, overhead, general superintendence and field office expense, and all other ele- ments of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily an account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." Ito claim for extra work of any kind will be allowed unless ordered in writing by owner's Representative. in case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre- sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative in- sists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi- tration as herein below provided. -30- 7 r I 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sL= in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any re- quest for clarification must be submitted no later than five days prior to the opening of bids. r' G 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 speci- fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC i The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an 4 insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable r 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 physicalhazards shall be guarded in accordance with the *Manuel of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem- nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sus - tamed by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject mutter of this contract, on account of the failure of Contractor or any subcon- tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the owner's Representative concerning omissions under this paragraph as the work pro- gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump- tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors. F 7 -31- 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in- surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au- thorized to transact business in the State of Texas and shall coverall operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and Operations Explosion 9 Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property Damage. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less then; Bodily Injury $250/500,000 Property Damage $100,000 to include all owned and ran -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 The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten- tial loss) naming the City of Lubbock as insured. -32- 4 E. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of 31,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen- sive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. F. Yorker's Compensation and Employers Liability insurance As required by State statute covering all employees whether employed by the Contractor or any sub- contractor on the Job with Employers Liability of at least $100,000 limit. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named in- sured 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) con- tained in the job specifications. No substitute of nor amendment thereto will be accept- able. 29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS. LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then owner may, during the period for which such indebtedness 0 7 -33- shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de- vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten- tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is speci- fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de- vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm- less from any loss on account thereof, if the material or process specified or required by Owner is an in- fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 31. LAWS AND ORDINANCES The Contractor shall at ell times observe and comply with sit federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in- sofar 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. 32. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con- sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $50.00 (FIFTY DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the _ -34. r breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com- pletion of the work described herein is reasonable time for the completion of the same, taking into consid- eration the average climatic change and conditions and usual industrial conditions prevailing in this local- e ty. The amount Is fixed and agreed upon by and between the Contractor and the Owner because of the impractica- bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus- tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 34. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con- tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contact, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the sev- eral parts. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex- tension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re- ceipt of a written request for an extension of time by the Contractor supported by all requested docu- mentation shall then submit such written request to the City Council of the City of Lubbock for their con- sideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 36. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in- cadent to such work, whether growing out of delays in securing material or workmen or otherwise. No charge -35- 6 shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals of- fered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor- mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis- tence or character of the work. 39. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of ail materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 40. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of de- fective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's 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 con- tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against owner which have not theretofore been timely filed as provided in this contract. -36- 41. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica- tion for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par- tial payment showing as completely as practical the total value of the work clone by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound ma- terials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per- centage due Contractor. 42. FINAL COMPLETION AND ACCEPTANCE } Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that t the work has been completed or substantially completed, the Owner's Representative and the Owner shall in- spect the work and within said time, if the work be found to be completed or substantially completed in ac- cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. F43. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be- fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this con- tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve r., the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi- tions (if any) of this contract or required in the specifications made a part of this contract. 44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con- tractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring ell 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. 45. CORRECTION OF WORK AFTER FINAL PAYMENT 1 Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de- fects with reasonable promptness. 46. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any _ certificate to such extent as may be necessary to protect himself from toss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating passible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 47. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted other- wise in the contract documents. 48. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named In writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se- lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shell lapse, and the de- cision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shalt appoint such arbiter. Should ei- ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are eupowered by both parties to take Ex Parte Proceedings. The arbiters shalt act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar- biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus- tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar- biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ- ing and shall not be open to objection on account of the form of proceedings or award. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or- ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on 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 York, where credit shall be allowed as CI provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup- plies as said owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been com- pleted by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been com- pleted by said Contractor, then the Contractor and/or his Surety shalt pay the amount of such excess to the Owner; or (b) The owner, under sealed bids, after notice published as required by law, at least twice in a newspa- per having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner, under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by owners Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within r30 days after the date of certificate of completion. t -39- In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the ., Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen 0 5) days from the date of said notice the owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the Credit of the Contractor and his Surety. Such sale may be made at either "- public or private sale, with or without notice, as the owner may elect. The owner shall release any machin- ery, equipment, tools, materials, or supplies which remain on the ;jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorpo- rated into the work. Thereupon, the owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Con- tractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con- tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balence shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5 M, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu- tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur- ther agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special con- ditions conflict with any of the general conditions contained in this contract, then in such event the . special conditions shall control. -40- 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au- thority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob- serve Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work 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. F 7 -41. (THIS PAGE LEFT BLANK INTENTIONALLY) r F CURRENT PAGE DETERMINATIONS F -42- (THIS PAGE LEFT BLANK INTENTIONALLY) F F Resolution #2502 • January 8, 1987 Agenda Item #18 DGV:da RESOLUTION WHEREAS, the City Council has heretofore established the general - prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades ' Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of Ranett#..Boyd, City Secretary APPROVED T ONTENT: t. Bi 1 P/yne, Dilrector of Building Services January , 1987, B.C. McMINN, MAYOR APPROVED AS TO FORM: Do Id G. Vandiver, First Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer $11.60 Air Conditioner Installer 8.35 Air Conditioner Installer -Helper 5.50 Bricklayer 10.50 Bricklayer -Helper 5.00 Carpenter 11.00 Carpenter -Helper 5.50 Cement Finisher 7.35 Drywall Hanger 8.70 Electrician - 10.50 Electrician -Helper 5.25 Equipment Operator - Heavy 8.00 Light 5.70 Floor Installer 8.00 Glazier 7.50 Insulator, Piping/Boiler 9.50 Insulator -Helper 5.00 Iron Worker 7.30 Laborer, General 4.75 Mortar Mixer 5.60 Painter 8.75 Plumber 9.25 Plumber -Helper 6.00 Roofer 7.65 Roofer -Helper 4.75 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 - Welder - Certified 8.00 r r r r r if f r r r r EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helfer Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator Roller Scraper Tractor Truck Driver - Light Heavy . Hourly Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 r . t r-- EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 Lineman Apprentice Series 8.90 Groundman Series 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is.l 1/2 times base rate. SPECIFICATIONS -43- (THIS PAGE LEFT BLANK INTENTIONALLY) F F F F F CITY OF LUBBOCK SPECIFICATIONS WATER DISTRIBUTION MATERIALS QUALIFICATION FOR POTABLE WATER SERVICE The compounds used to make water pipe, couplings, and jointing materials shall be tested and certified as suitable for potable - water products by the NSF Testing Laboratory, or any other similarly accredited testing agency acceptable to the owner, in accordance with requirements that are no less restrictive than the applicable requirements specified in Sec. 3, 4 of the NSF standard No. 14. WATER PIPE Ductile Iron Ductile iron pipe to be furnishedshall conform to the following standard specifications or latest revision: ANSI/AWWA C150/A21.50-81 ANSI/AWWA C104/A21.4-80 ANSI/AWWA C151/A21.51-81 All ductile iron pipe shall be cement lined in accordance with AWWA C104-80 (ANSI A21.4) specifications. The external surface shall be coated with an asphalt base paint. All joints for ductile iron pipe shall be of the rubber gasket bell and spigot type, except where connecting flanged fittings, and shall otherwise conform to the base specifications to which the pipe is manufactured. The joint shall be the latest approved type of rubber gasket joint for ductile iron pipe. All joints of ductile iron pipe and fittings shall be sealed with a continuous ring rubber gasket meeting standards specified by AWWA Clll-72 (ANSI A21.11) or its latest revision. PVC Pipe Polyvinyl chloride (PVC) pipe shall be manufactured with AWWA C-900 specification and shall be pressure Pipe shall be furnished with bell and spigot joint gasket joint conforming to the above specification. shall be beveled and reference marked to facilitate insure proper seating depth. in accordance class 150 PSI. with rubber Spigot ends Joining and Page 1 oncrete Cylinder Pioe Prestressed Concrete Embedded Cylinder Pipe (PCECP) shall be manufactured in accordance with the latest revision of AWWA C-301. Pretensioned Concrete Cylinder Pipe (PCCP) shall be manufactured in accordance with the latest revision of AWWA C303-78. Concrete Cylinder Pipe shall withstand a minimum pressure of 150 p.s.i. longitudinally and helically. The joints of the pretensioned concrete cylinder pipe and fittings shall be sealed with a continuous ring rubber gasket meeting standards specified in AWWA C303-78. A portland cement mortar shall be used to fill the annular space both inside and outside of joints in the pretensioned concrete cylinder pipe. Portland cement used in the mortar shall conform to "Standard Specifications and Tests for Portland Cement", A.S.T.M. serial designations C150 and C77. Sand for the mortar shall conform to A.S.T.M. designation C33-52T for fine aggregate. The exterior joints on pretensioned concrete cylinder pipe shall be poured with a Heavy Duty Diaper. The width of the diaper shall be nine (9) inches. The band shall be provided with 3/8 inch x 0.20 steel straps on each side. CAST IRON FITTINGS Fittings shall be mechanical joint or rubber gasket AWWA Class D bell with transition gasket for the type pipe used. Flanged fittings, where required, shall be 125 pound American Standard. All fittings shall be lined with cement or coal tar and coated with an asphaltic paint. Fittings shall conform to AWWA C104, AWWA C110 and AWWA C111 latest revision. VALVES Gate Valves (Double Disc) Gate valves 12" and smaller shall be double disc, parallel seat, iron body, bronze mounted throughout. Valves 12" and smaller shall be flanged or mechanical joint as shown on the plans. All valves on side outlets may be combination flange and mechanical joint. The valves shall have non -rising stems, shall open by turning to the left (counter -clockwise) and shall be furnished with a 2" operating nut. Valves shall comply with the latest revision of AWWA C-500 standards. Valves shall be Mueller, M & H, Darling or Clow. r- Page 2 r r I 1 All parts for valves furnished must be standard and completely interchangeable with valves of the same brand. The successful bidder may be required to furnish the owner with a letter stating what type of valve he proposes to use and a letter from the manufacturer stating the parts are standard and interchangeable as herein specified. Gate Valves (Resilient Seat) Gate valves 12" and smaller shall be cast or ductile iron with resilient seats. Valves 12" and smaller shall be flanged or mechanical joint as shown on the plans. All valves on side outlets may be combination flange and mechanical joint. The valves shall have non -rising stems, shall open by turning to the left (counter -clockwise) and shall be furnished with a 2" operating nut. Valves shall comply with the latest revision of AWWA C-509 standards. Valves shall be Mueller, M & H, Darling or Clow. All parts for valves furnished must be standard and completely interchangeable with valves of the same brand. The successful bidder may be required to furnish the owner with a letter stating what type of valve he proposes to use and a letter from the manufacturer stating the parts are standard and interchangeable as herein specified. Fabricated Cast Iron Tapping Sleeve for Use on 4" through 12" General: The manufacturer of the tapping sleeve shall be experienced in their design and construction and shall have given successful service for a period of at least five (5) years. Service: The tapping sleeves will be installed on the following types of pipe (1) Cast Iron (2) Ductile Iron (3) Asbestos Cement (4) C-900 r' PVC. The operating pressure for all four types of water pipe is 150 psi. Material: The tapping sleeves shall be cast iron, mechanical joint and conform to the latest revision of A.S.T.M. Standard Designations. The tapping sleeve shall withstand a working pressure of 200 psi. rGaskets: The gaskets shall be duck tipped and shall be totally resistant to cold flow and creep. VALVE BOXES, FRAME AMD COVER All valve boxes for butterfly valves and gate valves larger than 12" shall be poured concrete or precast construction. The valve boxes shall be constructed with the dimensions as called for on the plans. The valve box cover opening shall be centered over operating nut. I FPage 3 Manhole frames and covers shall be of good quality gray iron casting of a pattern similar to that shown on the plans and with a clear opening of not less than 22 inches. The frame and cover shall be designed with a full bearing ring to as to provide a continuous seat between frame and cover. The cover shall be furnished with lifting ring cast into the cover in such manner as to prevent leaking through. The cover shall be marked "City of Lubbock Water", and shall be type No. 40-5 as manufactured by Western Iron Works or approved equal. Valve boxes for 12-inch or smaller valve shall be of cast iron. The boxes shall be designed to fit over a section of 6" clay tile pipe which will be used an extension from the top of the valve. The box shall have a heavy cast iron cover marked "Water". The box shall have a flange type base approximately 4" larger in diameter than the outside diameter of the barrel of the box. The cover shall be type No. 70 as manufactured by Western Iron Works or approved equal. Page 4 F F F DETAILS OF CONSTRUCTION 1. GENERAL These general and detailed specifications govern the excavation, trenching, backfilling,.handling and installation of various kinds of pipe, construction of manholes, installing fittings, valves, air valves and other work required for the construction of the water distribution mains and accessories all as shown on the plans and as called for herein. The Contractor shall furnish all material, equipment, labor and superintendence necessary to complete the construction of all the work as shown on the plans and as called for in these specifications. Surface Preparation One or more acceptable types of pipe may be used. As such, the Contractor shall have the option of installing any of the acceptable types, provided only one type is.used throughout any single size designation or run of pipe. WITHIN EASEMENTS, CULTIVATED OR AGRICULTURAL AREAS All vegetation, such as brush, sod, heavy growth or grass or weeds, decayed vegetable matter, rubbish and other unsuitable material within the area of excavation and trench side storage shall be stripped and disposed of.. Topsoil shall be removed from the area to be excavated and stockpiled, or, the Contractor may elect to import topsoil to replace that lost during excavation. Topsoil shall be removed to depth of 8 inches or the full depth of the topsoil, whichever is less. WITHIN UNPAVED ROADWAY AREA The Contractor shall strip that cover material from graveled roadways or other developed, but unpaved traffic surfaces to the full depth of the existing surfacing. The surfacing shall be stockpiled to the extent that it is acceptable for restoration purposes. WITHIN PAVED AREA The removal of pavement, sidewalks, driveways or curb and gutter shall be performed in a neat and workmanlike manner. The width of the cut shall exceed the width of the trench at the subgrade by at least 12 inches on each side of the trench. Concrete pavement, sidewalks, driveways or curb and gutter shall be cut with a power saw to a depth of 2 inches prior to breaking. The 7 Page 1 concrete shall be cut vertically in straight lines and avoiding acute angles. Any overbreak, separation or other damage to the existing bitumen or concrete outside the designated cut lines shall be replaced at the Contractor's expense. Excavated paving materials shall be removed from the jobsite and shall not be used as fill or backfill. Crossings under sidewalks, curbs and gutters or other utility lines may be made by tunneling only if approved by the City Inspector. 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 works as may be necessary. All safety measures shall meet the requirements of The Manual on Uniform Traffic Control Devices. The Contractor wills 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 days of issuance to Contractor of City's certificate of acceptance of the project. Rules and regulations of local, state and Federal authorities regarding safety provisions shall be observed. OSHA's regulations for excavations, trenching, and shoring shall be included in the Special Specifications. Protection of Existing Underground Utilities: The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures, both known and unknown, may be determined. If required, the Contractor shall excavate and locate existing underground utilities ahead of trench excavation in order that necessity for grade changes may be ascertained in advance. The Contractor shall be held responsible for the repair of such structures when broken or otherwise damaged because of carelessness on his part. Hand excavation shall be used where necessary. The Contractor shall notify local utilities whenever working near gas mains or services or near electrical or telephone cables or when the presence of these utilities is suspected in the area of construction. Excavation and Trenching In order to obtain a true, even grade, the trench shall be fine -graded. The material for fine grading shall be free of rocks, roots, grass or any other debris. The depth of the fine grading material shall not exceed three (3) inches. Where the trench is excavated in excess of Page 2 three (3) inches below grade, the material shall be compacted to 95% Proctor Density or shall be replaced with bedding material. If the material being excavated is rock or other unyielding material, it shall be removed to a depth of three (3) inches below grade and replaced with bedding material to grade. The grade shall be such that the pipe will rest firmly on the bedding material throughout the entire length of the pipe cylinder. The minimum width of the trench shall be the outside diameter of the pipe plus twelve (12) inches and the maximum width shall be the outside diameter of the pipe plus eighteen (18) inches. The trench shall be cut so that the maximum horizontal offset of the trench walls from the bottom to the top of the trench (undercutting) shall be six (6) inches. Bell holes of ample dimensions shall be dug at each joint to permit the `- proper jointing of the pipe and to permit the bottom of the pipe to rest firmly on the bottom of the trench throughout the entire length of the pipe cylinder. Trench digging machinery may be used to make the trench excavation except in places where its operation would cause damage to trees, buildings, telegraph lines or other existing structures either above or below ground, in such instances hand methods shall be employed to excavate the trench at no additional cost to the owner. Where necessary to prevent caving, the trench shall be adequately braced and shored. The unit price bid per linear foot of pipe shall include the cost of furnishing, installing, and removing the bracing and shoring. The Contractor shall take all necessary precautions for protecting paved streets and drives from being damaged by the trenching and backfilling equipment. All excavated material shall be placed in a manner that will not endanger the work or damage existing structures. There will be no classification of the excavated materials and the term excavation shall include all materials encountered in excavating the trench. pipe Installation General• All pipe and accessories shall be handled, laid, jointed, tested for defects and leakage and chlorinated in the manner herein r- specified. i inspection: The pipe, fittings, valves, and accessories shall be inspected upon delivery and during the progress of the work and any material found to be defective will be rejected by the engineer and the contractor shall remove and replace such defective material. �. Responsibility for Materials: The Contractor shall be responsible for all material furnished by him and he shall replace at his own expense Page 3 all such material that is found to be defective in manufacture or has become damaged in handling after delivery. Handling Pipe and Accessories: All pipe, fittings, valves, and other accessories shall, unless otherwise directed, be unloaded at the point of delivery, hauled to and distributed at the site of the work by the -- Contractor. In loading and unloading they shall be lifted by hoists or slid or rolled on skidways in such a manner as to avoid shock or damage to the materials. Under no circumstances shall they be dropped. Pipe handled on skids shall not be.skidded or rolled against pipe already on the ground. In distributing the material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. Coated and wrapped pipe shall be handled in such manner that a minimum amount of damage to the coating will result. Damaged coating shall be repaired in a manner satisfactory to the Engineer. Pipe shall be placed on the site of the work parallel with the trench alignment and pipe with bell ends shall be placed with the bell ends facing in the direction in which the work will proceed. The pipe, — fittings, and accessories shall be placed along the site in such a manner as to be kept as free as possible from dirt, sand, mud, and other foreign matter. — Pipe Laying: Alignment and Grade: All pipe shall be laid to the alignment as established on the ground by the Engineer. Where grade is being maintained, as shown on the plans, the use of batter board or laser beam will be required to fine grade the trench. Whenever it is necessary to deflect pipe from a straight line either in a vertical or horizontal plane to avoid obstructions, to plumb valves or where vertical or horizontal curves are shown or permitted, the degree of deflection recommended by the manufacturer of the particular kind of pipe being laid and the degree of deflection shall be approved by the — Engineer. Field cuts on concrete pipe shall be made at all points where, in the opinion of the Engineer, it is necessary to preserve alignment or proper -- stationing for field connections. Proper care shall be taken to preserve the interior and exterior linings. After the spiral winding has been exposed, the winding shall be tack welded before being cut. In cutting the spiral winding sufficient length shall be allowed to permit a later winding of at least one-half turn on the bell or spigot ring. Where steel cylinder pipe is cut, the work shall be done in such a way as to allow a snug fit with the bell or spigot ring. A continuous weld shall be run on both the inside and the outside of the ring. The free end of the spiral shall then be wrapped around the ring and its end shall be welded to the ring by running a weld along each side of the rod for a distance of at least six inches. The entire cutting operation shall be done under the direction of a representative of the pipe manufacturer. Page 4 F Whenever the deflection in a joint exceeds the maximum deflection recommended by the manufacturer, the Engineer may require that the joint be welded. Joints on pipe installed in encasement pipe shall be tack welded or completely welded. Manner of Handling Pipe and Accessories into Trench: After the trench grade has been completed, all bell holes dug and the grade inspected, the pipes and accessories may be placed in the trench. All pipe, fittings, and valves shall be carefully lowered into the trench piece by piece by means of derricks, ropes, or other suitable tools or equipment, in such a manner as to prevent damage to the material in any way. Under no circumstance shall pipe or accessories be dropped or dumped into the trench. Cleaning and Inspection: Before lowering into the trench, the pipe shall be again inspected for defects and cast iron pipe while suspended shall be lightly hammered to detect cracks. Any defective, damaged, or unsound pipe or other incidental materials shall be rejected. All foreign matter or dirt shall be removed from the inside of the pipe, bells, spigots, or parts of the pipe used in forming the joint before the pipe is lowered into the trench; and it shall be kept clean by approved means during and after laying. The open end of the pipe in the trench shall be plugged when pipe is not being laid. Laving and Jointing Concrete Pressure Pipe: Just before making the joint, the gasket and the inside surface of the bell shall be lubricated with film of soft vegetable soap compound (flax soap) to facilitate telescoping the joint. The rubber gasket shall be stretched uniformly as it is placed in the spigot groove to insure a uniform volume of rubber around the circumference of the groove. Metal spacers of proper thickness shall be held on the inside shoulder of the bell to provide the proper space between abutting ends of 27 inch and larger pipe. The joint shall be telescoped by pulling directly along the center line of the pipe so that the spigot enters squarely into the bell. After the spigot has been telescoped into the bell, the bell end of the pipe being laid shall be moved in accordance with the plans to secure proper grade and alignment. After the joint is in place, a thin metal feeler gauge shall be used to check the position of the rubber gasket around the circumference of the joint. After the spigot has been telescoped into the bell, the joint checked and found satisfactory, a burlap wrapper shall be placed around the pipe covering the joint. The burlap -type wrapper shall be hemmed at each edge to allow threading with a steel strap to securely fasten the wrapper around the pipe by means of a stretcher and sealer. The length shall be that required to encircle the pipe, leaving enough space between the ends at the top to allow the cement mortar to be poured. The entire joint shall be poured with cement mortar and rodded or agitated to eliminate voids and settlement. Any joint showing shrinkage or excessive cracking shall be cleaned and remade. In hot weather, additional measure may be required to obtain the best quality of joint, r Page 5 such as additional wet burlap, curing membrane, or immediate careful and well -controlled backfilling of the joint with damp earth. Where size permits, the inside joint recess shall be filled from the inside with mortar and finished off smooth with the inside of the pipe by hand troweling after the pipe has been backfilled. The inside joint recess on pipe smaller in diameter shall be filled by buttering the bell end with mortar immediately prior to placing the pipe together. After the joint is engaged, the interior of the smaller diameter pipe shall be swabbed to smooth and clean the joints. At times when pipe laying is not in progress, the open ends of pipe shall be closed by approved means, and no trench water shall be permitted to enter the pipe. Laving and Jointing Ductile Iron Pipe:' The gasket seat in the socket, the rubber gasket and the plain end of the pipe to be laid should be wiped clean. After placing a length of pipe in the trench, the plain end of the pipe should be then aligned and started into the socket so that it is in contact with the gasket. Sufficient force then must be. exerted on the entering pipe so that the plain end is moved past the gasket and makes contact with the base of the socket. The joint may be deflected but never to exceed manufacturer's recommendations. Unless otherwise directed, pipe shall be laid with bells facing in the direction of laying; and for lines on appreciable slopes, bells shall, at the discretion of the Engineer, face up grade. Cutting of pipe for inserting valves, fittings or closure pieces shall be done in a neat workmanlike manner without damage to the pipe or the cement lining. The jointing shall be completed for all pipe laid each day, in order not to leave open joints in the trench over night. At the times when pipe laying is'not 'is progress, the open ends of pipe shall be closed by approved means, and no trench water shall be permitted to enter the pipe. No pipe shall be laid in water, or when the trench conditions or weather is unsuitable for such work, except by permission of the Engineer. Laving and Jointing PVC Pipe: The trench bottom should be constructed to provide firm, stable, and uniform support for the full length of the pipe. Bell holes should be provided at each 'joint to permit proper joint assembly and pipe support. Any part of the trench bottom excavated below grade should be backfilled to grade and should be compacted as required to provide firm pipe support. when an unstable condition is encountered which will provide inadequate pipe support, additional trench depth should be excavated to a depth not less than three inches (3") below the pipe subgrade over the entire width of the trench and shall be replaced with granular material conforming to specifications for gravel for pipe embedment as stated herein. Such material shall be thoroughly compacted over the entire trench width to the grade established for the bottom of the pipe. Ledge rock, boulders, Page 6 and large stones should be removed to provide four (4) inches of pipe cushion. Proper implements, tools, and equipment should be used for placement of the pipe in the trench to prevent damage. Under no circumstances should the pipe or accessories be dropped into the trench. All foreign matter or dirt should be removed from the pipe interior. Pipe joints should be assembled with care to the depth recommended by the manufacturer. FBackfilling All trenches and bell holes for all types of pipe, valves, and fittings regardless of the location shall be backfilled with selected backfill material free from rocks, boulders, or other unsuitable material. The backfill material shall be thoroughly compacted with mechanical or hand tamps to midpoint of the pipe. ` The backfill to a point twelve (12) inches above the pipe shall be placed by hand and shall be carefully selected material free of rocks, r' boulders, clods, organic material, or other debris and lightly compacted prior to placing remaining backfill. The balance of the backfill may be placed in the ditch by hand or by mechanical equipment. No backfill r1 material shall be dropped directly on exposed pipe. The backfill shall be consolidated by forcing water into the backfill at two (2) feet above the level of compacted material until the water level rises to within eighteen (18) inches of the natural ground surface. Care shall be taken not to flood the ditch or saturate the pipe embedment. The water shall be forced into the backfill at location not more than ten (10) feet apart. Maintenance of Backfilled Trench: After the trench has been backfilled in the above method, the right-of-way shall be cleared of all rocks larger than one and one-half (1-1/2) inches in diameter and leveled so that the surface will have the same slope and appearance as it possessed before the Contractor began work. All surplus material shall be loaded and wasted at the Contractor's expense, at a location approved by the Engineer. �^ The above shall include all excavated materials and all rocks or hard i lumps which still remain after blading the area back to the original ground grade. Furrows which tend to gather after blading.shall be r, removed, together with excavated material which has drifted or otherwise covered private property. As the construction work progresses, the contractor will be required to keep the jetting of the backfill and clean up just as close behind the pipe laying and backfilling as possible. Following the completion of the backfilling the Contractor shall maintain the street.and trench surfaces, in a satisfactory manner until final completion and acceptance of the work. The maintenance to include r blading from time to time as necessary, filling depressions caused by settlement, sprinkling to settle dust, brooming or flushing at the k 7 Page 7 r- request of the Engineer and other work required to keep the streets and roads in satisfactory condition for traffic. The Contractor shall maintain and be responsible for all paving cuts until such time as City Forces shall repair cuts with asphalt. Setting Valves, Valve Boxes and Fittings Valves and fittings shall be set at the locations shown on the plans or at locations as established by the Engineer, and shall be joined to the pipe in the manner heretofore specified for pipe installation. The valves and fittings shall be adequately blocked for thrust with concrete. Valves shall be set vertically and in concrete valve boxes. Underground and Overhead Utilities and Structure The approximate location of all known water mains, gas, mains, storm sewers, and sanitary sewers are shown on the plans. However, the consumer service lines from these utilities are not known. The Contractor will be required to locate all utility lines, including customer service lines, far enough in advance of the trenching to make proper provisions for protecting the lines and to allow for any deviations that may be required from the established lines and grades. The Contractor will not be allowed to disrupt the service on any utility lines except customer service lines, which may be taken out of service for short period of time provided the Contractor obtains permission from the Engineer and from the owner of the premises being served by the utility. The Contractor shall immediately notify the proper utility company of any damage to utility lines in order that service may be established with the least possible delay. Any damage to existing lines and the repair of customer lines which are authorized to be cut shall be at his own expense, and as directed by an official representative of the utility company involved. All utility lines shall be properly supported to prevent settlement or ^ damage to the line both during and after construction. The cost of supporting utility lines shall be included in the unit price bid per foot of pipe. Any permanent relocation of existing utility lines shall be done by the proper utility company without expense to the Contractor. Where pipes, conduits, or concrete curbs or gutters are encountered, the cost of tunnelling shall be included as a part of the cost of the pipe line. Removing Pavement ne • Wherever it is necessary to make cuts in existing pavements, sidewalks, driveways, or curbs and gutters, the cuts shall be made in Page 8 F such a manner as to cause the least possible damage to adjoining r surfaces. Removal of Asphalt Paving: In removing asphalt' pavement, the asphalt surface shall be cut along each side of the trench ahead of the trenching machine and the surfacing and base removed with the trenching machine as the trench is excavated. The width of surface removed by the Contractor is not to exceed the outside diameter of the pipe plus thirty-six (36") inches. Any areas removed or damaged in excess of the above widths will be charged against the Contractor's estimate at the estimated cost per square foot as determined by paving engineer for payment to the City for replacing the excessive width. No separate payment will be made for cutting and removing asphalt paving and caliche base, the cost of this work shall be included as a part of the cost of the pipe line complete in place. Removal of Concrete Paving: Removal of any sidewalks, concrete pavement, concrete base, concrete curbs and gutters (where allowed) shall be made by cutting the concrete to a straight line on each side of the trench and removing the concrete ahead of the trenching. Normally, tunnelling will be required under curb and gutters. The width of surface removed by the Contractor of concrete paving is not to exceed the outside diameter of the pipe plus thirty-six (36") inches. Any areas removed or damaged in excess of the above widths will be charged against the Contractor's estimate at the estimated cost per square foot as payment to the City for replacing the excessive width. Care shall be taken to preserve any reinforcement encountered as well as possible. Cutting of steel reinforcement will be allowed only at the approximate center of the pavement cut. Payment for removal of concrete paving shall be included in the unit price bid per foot of pipe installed. Concrete Cradling and Blocking Where concrete cradling is used, the concrete shall conform to the concrete specifications. Before placing the concrete, all loose earth shall be removed from the trench. The concrete shall be placed in the trench by the use of chutes extending to within three (3) feet of the bottom of the trench and shall be deposited uniformly on each side of the pipe in such a manner as not to disturb the grade and alignment of the pipe. The=concrete shall be of such consistency that is will flow without separation of the aggregates. At locations shown on the plans or as directed by the engineer, the contractor will be required to cradle the pipe or block the fittings. Anchorage of Bends and Plugs, Etc. Concrete shall be used for blocking the pipe, plugs, and fittings and shall conform to the concrete specifications. �. The blocking shall be placed, as directed by the engineer, between solid ground and the fitting to be anchored: the area of bearing on pipe and r Page 9 on the ground in each instance shall be that required by the engineer. The blocking shall be so placed that the pipe and fitting joints will be assessable for repair. The soil bearing value for thrust backing shall be recommended by the pipe manufacturer, and in the absence of such recommendation, the allowable bearing value shall not exceed 3000 lbs. per square foot. Hydrostatic Tests Pressure During Test: After the pipe has been laid, the line shall be subjected to a hydrostatic pressure test and leakage test. The lines shall be tested at 100 p. s. i. pressure. .Duration of Pressure Test: The duration of each pressure test shall be as directed by the engineer but shall not exceed four (4) hours. Procedure: Each valved section of pipe shall be slowly filled with water at the specified test pressure measured at the point of lowest elevation. Pressure shall be applied and maintained by means of a pump connected to the pipe in a satisfactory manner. The pump, pipe connection, and all necessary apparatus except meters shall be furnished by the contractor, and the contractor shall furnish all necessary labor for connecting the pump, meter, and gages. The water for filling and making tests on.these mains may be obtained at a location designated by the engineer. No charge will be made for water used for this purpose. As the line is being filled and before applying the test pressure, all air shall be expelled from the pipe. To accomplish this, taps shall be made, if necessary, at points of highest elevation. After the test, the taps shall be tightly plugged. During the time the test pressure is on the pipe, the line shall be carefully checked at regular intervals for breaks or leaks. Any joints showing appreciable leaks shall be repaired and any cracked or defective pipes or fittings shall be removed and replaced with sound material in the manner provided and the test shall be repeated until satisfactory results are obtained. Leakage Test: After all defects have been satisfactorily repaired and all visible leaks stopped, a leakage test shall be made on each valved section of the lines to determine the quantity of water lost by leakage. The contractor shall furnish all labor, material, and equipment (except meters) required for making the testa The leakage shall be determined by measuring the quantity of water supplied to each valved section of the lines, during the test period, when the various sections of the lines are under pressure. 'No pipe installation will be accepted until or unless the leakage as determined by above test is less than the amount set forth below. Leakage in U. S. Gallons per 24 hours per 1000 feet of pipe per inch of diameter of pipe lengths and pressures stipulated. Page 10 F I 7 Pressures bs. Per So. Inch 100 If individual sections show above, the contractor shall defective joints until the Sterilization of _Pipe Lines Pipe Lengths in Feet 12 13 16 18 20 32 15.5 14.5 11.6 10.3 9.7 5.8 leakage greater than the limits specified at his own expense locate and repair the leakage is within the specified allowance. The contractor shall furnish all labor, equipment and material, except chlorine, necessary for the chlorination of the new pipe lines which shall be sterilized before being placed in service. The lines shall be sterilized by the application of the chlorinating agent. The chlorinating agent may be a liquid chlorine, liquid chlorine gas -water mixture, or a calcium hypochlorite solution, which shall be fed into the lines through a suitable solution -feed device, or other methods approved by the engineer. The chlorinating agent shall be applied at or near the point from which the line is being filled, and through a corporation stop or other approved connection inserted in the horizontal axis of the newly laid pipe. The water being used to fill the line shall be controlled to flow into the section to be sterilized very slowly, and the rate of application of the chlorinating agent shall be in such proportion of water entering the pipe that the chlorine dose applied to the water entering the line shall be at least 50 parts per million. The treated water shall be retained in the pipe lines for a period of not less than twenty-four (24) hours. Samples shall be taken from the line and will be tested for bacteriologic growth by the Texas Department of Health Laboratory. Samples will be taken twice in a forty-eight (48) hour period not less than twenty-four (24) hours apart. The sampling riser shall be located at a location farthest from the point of chlorination. The riser shall be above ground and equipped with a faucet for control of flow during sampling. Clean-up After the construction is completed and before final acceptance by the City, the contractor shall remove all rubbish, excess materials from the excavation and other debris from the site of the work and all trench surfaces shall be bladed as heretofore 'specified. The cost of cleanup shall be included in the bid price per foot of pipe installed. 7 Page 11 CITY OF LUBBOCK SPECIFICATIONS FOR PAVING CUT Specifications for placing water, sewer, telephone, gas, and oil lines for any other conduit pipe or tile under any paving within the City Limits of the City of Lubbock; 1. All excavations within the right-of-way and not under a surfacing shall be backfilled by tamping the material in 6-inch horizontal layers. All surplus materials shall be removed from the right-of- way and the excavation finished flush with surrounding natural ground. 2. Where sodding is disturbed by excavation or backfilling operations, such areas shall be replaced by mulch sodding on all slopes of 2% or less. All slopes over 2% shall be replaced by block sodding. 3. The City Engineer of Lubbock may grant permission to cut the pavement. In the event a cut is permitted the following requirements shall govern: (a) All backfill material shall be moist and shall be free from lumps or clods. Backfill`shall be compacted while moist in 6-inch horizontal layers by means of a pneumatic tamper. (b) A 6-inch reinforced concrete slab shall be placed over the trench to extend one-half the width of the trench on each side of the trench. The top of the slab shall be 1 1/2 inches below the top of the paving. Slab shall be reinforced with 6" x 6" 10/10 wire mesh placed 1-1/2" from the bottom of the slab. Wire mesh shall be adequately held in place off of the ground until concrete is placed. (High early) Type III portland cement, making a 2500 p.s.i. concrete at 3 days. The slab shall be covered with wet soil, kept moist, and closed to traffic for 48 hours. (c) Paving shall be 1 1/2" compacted mat of Type "C" Hot Mix Asphaltic Concrete Pavement (Class A) Texas Highway Department specifications (1972) Item No. 340 with crushed stone. (d) 'Operations shall be performed in such a manner that all excavated material and equipment be kept off the paved surface at all times. (e) Barricades, warning signs, and flagman when necessary shall be provided by the owner of the line or his duly authorized r contractor. (f) Installation shall be made in accordance with the following sketch: _ -- • - Surface 10 be replaced by City 1 W '" W/2 Ezlsting Pv't. W/2 ( I ' 'a-P' °. ;�•' ::;''; • �!.�� ::"'\L i.5" Asphaltic Concrete. Heat Cut -s.-:-s•'_=;• ', , ��---1 �� Co • � 6•' Conc. Bowili Compacted to 95 % Standard J Proctor Density. „ Concrete to be placed by Contractor under City •L supervision. o 0 x Scale r2o Pipe 12 PIPE ENCASEMENT Bore wall corrugated steel in concrete grout grout corrugated galvanized steel Support block, angles or channefss as needed BEND I� TEE .• • CROSS I i BLIND TEE QFF5ET I � y • I- _ _ . rLt� �� e :. • VERTICAL BEND WYE CLASS "B" CONCRETE THRUST BLOCKING r- 14 r.- r to 0 TABLE P-2—TRENCH SHORING —MINIMUM REQUIREMENTS Size and spacing of members Uprights Stringers Goss braces ; Width of trench Maximum spacing Depth of Kind a condition of earth trench Minimum Maximum klinimum Mazinwm Up to 3 3 to 6 feel 6 to a loot eta 12 12 l0 lS Vertical Hodrontal dimension spacing dimension spacing tool fool toot Feel Inches Feel Inches Feet Inches Inches IncKn Inches Inches Feel Feet 510110 Hard• compact. ..... _.. 3x4 Of 2xa 6 ... 2xe 4x4 4X6 axe axe 4 6 Likely to crack_ __. „,.. 3X4 Of 2xe 3 4x6 4 2xe 4X4 4x6 'axe exal 4 a Close Soh, sandy, or fined 3X4 or 2x6 sheeting 4x6 4 4x4 4x6 axe exa axe 4 a Close Hydrostatic pressure 3x4 or 2x6 sheeting axe 4 4x4 4xe exe axe axe e 4 a 10 to IS Hard 3x4 Or 2x6 4 4X6 4 4x4 4X6 6X6 axe axe 4 a Likely to Crack 3x4 at , 2x6 2 4xe 4 4X4 4x6 axe axe axe a Soft, sandy, or filled.—. 3X4 or dose 2x6 sheeting 4X3 4 4x6 axe axe axe aX10 4 6 Close Hydrostatic pressure 3x6 shooting ax10 4 4x6 6X6 I axe axe axlo 4 a ' dOSe 131020 ABkindsorconditions 3x6 sheuling 4X12 4 4X12 axe axe ex10 lOx10 4 a Close Over 20 AM kinds or ;orations.......»..»..... 3x6 sheeting axe 4 4X12 exa aX10 10X10 10x12 4 a 'Trench jacks may be used In lieu of, or in Combination with. Cross braces. cps Shoring is not reed in solid hock hard shale. on hard stag. �. Where destratde, steel shoot poling and bracing of equal strength may be substituted for wood. .p N O� !h N TRENCH JACKS IN TRUE HORIZONTAL POSITION AND SPACED VERTICALLY Uprights AVOID DANGEROUS OVERHANGS! ALL MATERIALS USED FOR SHORING SHALL BE IN GOOD CONDITION, FREE OF DEFECTS AND OF AT LEAST MINIMUM SIZE SHOWN IN ACCOMPANING , CHART. , . SHORING SHALL CLOSELY FOLLOW THE EXCAVATION. r— r 16 r Pw r� ONE EXAMPLE OF SEVERAL TYPES OF SHEETING Uprights. Trenching machine TRENCH SHIELD �� , . w 17 -Tamper (THIS PAGE LEFT BLANK INTENTIONALLY) I MEASUREMENT AND PAYMENT 1. GENERAL The unit price bid on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment and materials, except materials specifically specified to be furnished by other, necessary or incidental to complete the various Items of work in accordance with the plans and specifications. Cost of work or material shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. 2. PIPE LINES The length of pipe lines of the various sizes and types to be paid for will be determined by measurement along the center line of the pipe installed, measurement being made from center of fitting to center of fitting without any deduction for the length of intermediate fittings or valves. Furnishing and installing pipe of the type and class as called for in these specifications as shown on the plans and as the various depths of cut as required will be paid for as the unit price per linear foot for furnishing and installing the pipe complete in place. The unit price bid shall be complete compensation, including all materials, excavation, gravel embedment, fittings, grading, backfilling, and any and all incidental work in connection with the pipe lines not otherwise included in the bid items or otherwise provided for in the specifications. 3. VALVES AND BOXES Furnishing and installing valves at the various locations shown on the plans or as required will be paid for at the unit price bid each for furnishing and installing the various size valves, complete in place. The unit price bid shall be complete compensation for furnishing and installing the valve complete in place and shall include furnishing and installing the valve boxes and length of clay tile for all 12" and smaller valves. 4. FITTINGS r The fittings or specials required in construction of the various ` sizes of pipe lines and those specials required to tie into existing lines as shown on the plans will be included in the unit price bid per linear foot for furnishing and installing approved pipe. 7 Page 1 5. TAPPING SLEEVES AND VALVES Furnishing and installing the tapping sleeves and tapping valves at the various locations shown on the plans will be paid for at the unit price bid each and shall be complete compensation for furnishing and installing complete in place, including length of clay tile for all 12" and.smaller tapping valves. 6. COUPLINGS Furnishing and installing couplings shall be paid for at the unit price bid complete in place and shall include all incidentals necessary for the complete installation. 7. CLASS 'B" CONCRETE The furnishing and installing of Class "B" concrete shall be subsidiary to the various items for which it is necessary, and the cost will be included in the unit price bid for the particular item. No separate payment will be allowed for concreteblocking or cradling. S. REMOVING PAVEMENT No separate payment will be made for cutting and removing concrete — or asphalt surfacing and caliche base; the cost of this work shall be included as part of the cost of excavation for the pipe lines. 9. WET TIE-IN A. Measurement Installing a wet tie-in at locations.shown on the plans or as required will be paid at the unit price bid and shall include — excavation, labor and equipment and incidentals necessary. Payment shall be compensation for furnishing the wet tie-in complete in place. 10. FINAL CLEANUP The contractor shall make a final cleanup of all parts of the work before final acceptance by the City. The cost of the cleanup shall be included as apart of the cost of ^ the various items of work involved and no direct compensation will be made for this work. Page 2 r F r SPECIAL CONDITIONS r -44. (THIS PAGE LEFT BLANK INTENTIONALLY) zzz r City of Lubbock P.O. Box 2000 r" Lubbock. Texas 7J457 I, 606-767-2167 May 14, 1992 Rhode Construction Company P.O. Box 53370 Attn: Carman G. Rhode Lubbock, TX 79453 Office of Purchasing SUBJECT: PHASE II - OVERTON ADDITION WATER SYSTEM UPGRADE The City of Lubbock, having considered the proposals submitted and opened on the 30th day of April, 1992, for work to be done and materials to be furnished in and for: City of Lubbock Bid # 11947 Phase II - Overton Addition Water System Upgrade as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the May 14, 1992, at the bid price contained therein, subject to the execution of and furnishing of all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK Gene Ead3, C.P.M. Purchasing Manager 4.1