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Resolution - 2004-R0541 - Contract Bid For Replacement Of Steel Aerial Sewer Line - Brown-Mckee, Inc. - 10_28_2004 (2)
Resolution No. 2004-RO541 October 28, 2004 Item No. 34 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract per Bid # 04-161- BM for replacement of 24-inch steel aerial sewer line by and between the City of Lubbock and Brown -McKee, Inc., of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this ATTEST: YC. Re ecca Garza, City Secretary APPROVED AS TO CONTENT: ag�lmac.-- - Victor Kiln*, Purchasing Manager APPROVED AS TO FORM: 28th day of October , 2004. MARC M@ff6U , MAYOR XIAL Do ald G. Vandiver----"-� Attorney of Counsel ke/ccdocs/BID 04 161BM..res October 18, 2004 CITY OF LUBBOCK SPECIFICATIONS FOR REPLACE 24-INCH STEEL AERIAL SEWER PIPELINE ITB #04-161-BM Plans & Specifications may be obtained, at the bidder's expense, from THE REPRODUCTION COMPANY http://Pr.thereproductioncomp ny.com/ Phone: (806) 763-7770 "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas CITY OF LUBBOCK INVITATION TO BID FOR TITLE: REPLACE 24-INCH STEEL AERIAL SEWER PIPELINE ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 04-161-BM PROJECT NUMBER: 90281.8107.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1. ,y 2. 3. 4. 5. 6. 7. 8. 9. ' 10. INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS NOTICE TO BIDDERS NOTICE TO BIDDERS ITB #04-161-BM Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 1:00 o'clock p.m. on the 14th day of October, 2004, 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: "REPLACE 24-INCH STEEL AERIAL SEWER PIPELINE" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 1:00 o'clock p.m. on the 14th day of October. 2004, and the City of Lubbock City Council will consider the bids on the 28th day of October. 2004, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds `p100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event That said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Ratino of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on 29th day of September. 2004 at 10:00 o'clock a.m.. in the Conference Room 203B, Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue O, Lubbock, Texas 79405. PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE BIDDER'S EXPENSE, FROM THE REPRODUCTION COMPANY, http://r)r.thereDroductioncompanv.com/, Phone: (806) 763-7770. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would litre bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-20 18 at least 48 hours in advance of the meeting. THE REPRODUCTION COMPA- _ West Texas P.eprogrophics Headquarters 2102 Ave. Q Lubbock, TX 79411 (806) 763-7770 (888) 889.5978 http: / /pr.thereproductioncompany.com Price per Spec boot: 5 7.35 CITY OF LUBBOCK VICTOR KILMAN PURCHASING MANAGER For individual broken up sets visit our website GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish REPLACE 24-INCH STEEL �- AERIAL SEWER PIPELINE per the attached specifications and contract documents. Sealed bids will be received no later than 1:00 p.m. CST, the 14th day of October, 2004 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left- hand corner: "ITB #04-161-BM, REPLACE 24-INCH STEEL AERIAL SEWER PIPELINE" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda f-, as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 10:00 a.m., September 29th, 2004 in Conference Room 203B, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do -- not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the .. Internet at http://www.RFPdepot.com. We strongly suggest that you check for any addenda a -- minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be available over the Internet at http://www.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in --this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in r__, E any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST ` 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, A advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. ' 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for - the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR 'CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATERTHAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, SENIOR BUYER City of Lubbock 1625 13`h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: BMacnair@mylubbock.us RFPDepot: htti)://www.RFPdepot.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within ONE HUNDRED TWENTY (120) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. s 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the t contract documents. 15 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. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES t 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, p and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. L 18 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, - supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: __r 4 (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 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 Ty' way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be. used, the Contractor shall use >. utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. _. 24 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. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do �: 5 business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right �- to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN ' FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH �= SUBCONTRACTOR. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. t ' 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which 6 schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written p' in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. W Insurance Certificates. 0) 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. 31 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the t._ contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive- orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR 6_ GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. No Text BID SUBMITTAL No Text BID SUBMITTAL LUMP SUM BID CONTRACT g ¢3 DATE: r � PROJECT NUMBER: #04-161-13M - REPLACE 24-INCH STEEL AERIAL SEWER PIPELINE Bid of ,(JCi'C�/� _ �� /�E�. , �6 (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 to Bid for the construction of a REPLACE 24-INCH STEEL AERIAL SEWER PIPELINE having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ©N� ,✓,'" CIF �lt7f 7 6t WS*s✓O p MATERIALS: 0,J17 f Yet/�$3.00 ) SERVICES: -i iaJ '� ($ �� % , p % 3 •Op ) Two ,va�fl �* ► �i�!► TMv Z 3 4 TOTAL BID:�_,jI��GL {Amount shall be shown in both wordsTand numerals. In cafe of discrepancy, the amount shown in words shall govern.) 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 substantially complete the project within 120 (ONE HUNDRED TWENTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $1,000 (ONE THOUSAND DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to '.. commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. 11 Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or _ certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 9 6) C' Z—_10i,9 Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. I(Sea ' idder is Corporation) ,ATEST: Secre Bidder acknowledges receipt of the following addenda: Addenda No. Date. Addenda No. Date; Addenda No. Date Addenda No, Date Date: / C//�/�� **-6� 1D_ CQQ.0� Authorized Signature 441,eC /-� c" L a (Printed or Typed Name) Compan Addre s City, County State Zip Code Telephon Fax: - ,z 7- M/WBE Firm: woman Black American Native American Hispanic American Asian Pacific American Other (Specify) i �t < CONTRACTORS & ENGINEERS P.O. BOX 3279 Lubbock, Texas79452-3279 ENGIMEIRING REPOR T Project: City of Lubbock 24" Arial Sewer Line replacement RE: Sewer bypass, sump holding tank, pump size, and related items. (806)745-4511 Phone (806)748-1681 Fax 906 Slaton Road 79404 Objective: The existing 24" aerial pipeline is in service. A bypass line is needed to convey the 122 gpm to 158 gpm load from the existing 24" line. Design Philosophy: Crews will install a lift sump adjacent to nearest upstream manhole which is located approximately 150' upstream from the north most visible pier. The lift station will be connected to the existing manhole so that it will collect the sewage. The lift station will serve as storage capacity for a submersible pump. High and low level indicators will control the pump. PVC pipe will be used to convey the sewage across the canyon to the downstream injection point. Steel pipe will make the aerial crossing of the waterway between piers 4 and 5. Crews will install a second manhole just downstream (south) of pier #1. Manhole #2 will tie into the existing sewer line, serve as the injection point, and seal off the line from back flow. Lift Sump. I recommend that the lift sump be 4' in diameter, and 8' below the flow line of the existing pipe. This sump will provide 100 cult of storage that will fill in approximately 4'/z minutes. Using a 250 gpm pump can then empty the sump in 7'/2 minutes. The overall depth of the sump will be approximately 16'. The sump must have a sealable lid with an allowance made for the bypass piping. TNRCC requires 120 minute retention capacity, however, the temporary nature of the bypass will allow deviations. Sump Pump. I recommend the sump pump be selected in conformance to TNRCC's requirement for pumps for lift stations (§217.63 Pumps for Lift Stations). "All raw sewage pumps shall be of a non -clog design, capable of passing an incompressible sphere of 3-inches in diameter or greater, and shall have no less than 4-inch diameter suction and discharge opening." An onsite lifting mechanism should remain on site to service the pump in the event of a clog. A high-level alarm and emergency generator are also recommended in the event of pump or power failure. A second pump could also be utilized at the high level mark to pump effluent only in the event of pump failure. Bypass Piping. Bypass piping has been designed to carry 155 gpm at a velocity greater than 2 ft/sec. 6" Sch 40 PVC will convey 250 gpm with less than 5 ft of friction loss in 750 ft. The piping needs to be socket welded to prevent joint separation in the event of a clog. The piping also needs to be protected from vandalism and marked "raw sewage". Page I of 2 Creek Crossing. A 6" steel pipe will be used to span across the creek approximately 8' above the flow level. The pipe shall be firmly attached to piers 4&5 with _ diameter cables guyed to the top of the piers and a minimum of _ ft from the piers. Clean outs shall be placed in line prior to the riser connecting the PVC line with the steel aerial pipe. The riser from PVC to the steel pipe shall consist of fittings with a maximum of 45 degree fittings. Spill Containment. Spill containment structure shall be fenced with a locking gate and 3 strands of barbed wire according to TNRCC chapter 217/317 — Design criteria for Sewer system §217.64 Emergency Provisions for Lift Stations subheading (5) Spill Containment Structures. The spill containment structure shall be capable of handling 120 minutes of flow or 18600 gallons or 2486 cu ft. Dane Donaldson EIT Brown -McKee, Inc. October 8, 2004 Nottc : 1F11S DRAINING AND AtL INFORMATION THENEON AND PERTAINING THERETO IS THE PROF OF gpOWN-MCKEE, INC. USE OF INFORMATION IS pROHISITED WITHOUT PRIOR CONSENT FROM OWNER. ALL INFOR- MATION 15 CO NFIDENTIAL AND MUST NOT BE MADE PUBLJC OR COPIED. IT IS SU"'i N To AI TURN t)N DEMAND, Page 2 of 2 Holding Tank Cycles 7.84052 qal/cult Holding Dia Holding Depth Volume Discharge I Input %empty Fill Time Empty time (ft) (ft) (cu ft) (gal/min) (cu ft/sec) (gal/min) (cu ft/sec) 1 ft (sec) (min) (sec) (min) 4 8 100.8 200 0.425142 158 0.335862 88% 262.6 4.4 987.9 16.5 4 8 100.8 250 0.531427 158 0.835862 88% 262.6 4.4 451.0 7.5 4 8 100.8 300 0.637713 158 0.335862 88% 262.6 4.4 292.2 4.9 5 8 157.5 200 0.425142 158 0.335862 88% 410.3 6.8 1543.6 25.7 5 8 157.5 250 0.5314271 158 0.335862 88% 410.3 6.8 704.7 11.7 5 8 157.5 300 0.637713 158 0.335862 88% 410.3 6.8 456.E 7.6 6 8 226.8 200 0.425142 158 0.335862 88% 590.9 9.81 2222.8 37.0 6 8 226.8 250 0.531427 158 0.335862 88% 590.9 9.8 1014.8 16.9 6 8 226.8 300 0.637713 158 0.335862 88% 590.9 9.8 657.4 11.0 4 10 126 200 0.4251421 158 0.335862 90% 337.6 5.6 1270.2 21.2 4 10 126 250 0.5314271 158 0.335862 90% 337.6 5.6 579.9 9.7 4 10 126 300 0.637713 158 0.335862 90% 337.6 5.61 375.7 6.3 5 10 196.875 200 0,425142 158 0.335862 90% 527.6 8.8 1984.6 33.1 ,y „5 10 196.875 250 0,531427 158 0.335862 90% 527.6 8.8 906.0 15.1 b _ = 10 196.875 300 0.637713 158 0.335862 90% 527.E 8.8 587.0 9.8 m - p � _. �,,. 10 283.5 200 0.425142 158 0.335862 90% 759.7 12.7 2857.9 47.6 m 10 283.5 250 0,531427 158 0.335862 90% 759.7 12.7 1304.7 21.7 Z '10 Z 10 283.5 300 0.637713 158 0.335862 90% 759.7 12.7 845.3 14.1 12 151.2 200 0.425142 158 0.335862 92% 412.7 6.9 1552.4 25.9 v Z 12 151.2 250 0.531427 158 0.335862 92% 412.7 6.91 708.7 11.8 12 151.2 300 0.637713 158 0.335862 92% 412.7 6.9 459.2 7.7 c? Z 12 236.25 200 0.425142 158 0.335862 92% 644.8 10.7 2425.7 40.4 a © MW .7 12 236.25 250 0.531427 158 0.335862 92% 644.8 10.7 1107.4 18.5 63 P, 12 236.25 300 0.637713 158 0.335862 92% 644.8 10.7 717.4 12.0 - p ow _ -.. 12 340.2 200 0.425142 158 0.335862 92% 928.5 15.5 3493.0 58.2 A -n 12 340.2 250 0.531427 158 0.335862 92% 928.5 15.5 1594.61 26.E w i- Z 12 340.2 300 0.637713 158 0.335862 92% 928.5 15.5 1033.11 17.2 z�nina r*n-4 CiQ Cp••, Pipe Friction Loss PVC 0.000005 @32 deg Q Dia Area e f v R L V hl (Gal/Min) (cfs) ID (in) (sq ft) A (ft^2/sec) (ft) (ft/sec) (ft) 200 0.4456 6 0.196 0.000005 0.012519 1.93E-05 7.06E+05 750 2.27 1.5 0.4456 8 0.349 0.000005 0.013085 1.93E-05 5.29E+05 750 1.28 0.4 0.4456 10 0.545 0.000005 0.013577 1.93E-05 4.23E+05 750 0.82 0.1 0.4456 12 0,785 0.000005 0.014013 1.93E-05 3.53E+05 750 0.57 0.1 0.4456 14 1.068 0.000005 0.014404 1.93E-05 3.02E+05 750 0.42 0.0 0.4456 16 1.396 0.000005 0.01476 1.93E-05 2.65E+05 750 0.32 0.0 PVC 0.000005 @32 deg Q Dia Area e f v R L v hl (Gal/Min) (cfs) ID (in) (sq ft) (ft) (ft^2/sec) (ft) (ft/sec) (ft) 250 0.557 6 0.196 0.000005 0.012085 1.93E-05 8.82E+05 750 2.84 2.27 0.557 8 0.349 0.000005 0.012603 1.93E-05 6.61 E+05 750 1.60 0.56 0.557 10 0.545 0.000005 0.01306 1.93E-05 5.29E+05 750 1.02 0.19 0.557 12 0.785 0.000005 0.013465 1.93E-05 4.41 E+05 750 0.71 0.08 0.557 14 1.068 0.000005 0,01383 1.93E-05 3.78E+05 750 0.52 0.04 0.557 16 1.396 0.000005 0.014162 1.93E-05 3.31 E+05 750 0.40 0.02 PVC 0.000005 @32 deg Q Dia Area e f v R L v hl (Gal/Min) (cfs) ID (in) (sq ft) (ft) (ft^2/sec) (ft) (ft/sec) A 300 0.6684 6 0,196 0.000005 0.011752 1.93E-05 1.06E+06 750 3.41 3.18 0.6684 8 0.349 0.000005 0.012234 1.93E-05 7.94E+05 750 1.92 0.78 0.6684 10 0.545 0.000005 0.012661 1.93E-05 6.35E+05 750 1.23 0.27 0,6684 12 0.785 0.000005 0.013043 1.93E-05 5.29E+05 750 0.85 0.11 0.6684 14 1.068 0.000005 0.013387 1.93E-05 4.54E+05 750 0.63 0.05 0.6684 16 1,396 0.000005 0.013702 1.93E-05 3.97E+05 750 0.48 0.03 ;0 x WO -A1 � o ZC0Z000womzma)1, �1 ron mz--4-IT`Z n -"0Q � O 2 Qos; �?v mr Wx Z] ZZy �zm-4!,1 r �®?vv_mz OMO eiCnz�c�3 .D D 1u/14/LUU4 14:11 FAX 1 806 748 1681 BROWN MCREE,INC. [a 002 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. N p r- r' Contractor (Signature) AfIlVe /C d 46 Contractor (Print) CONTRACTOR'S FIRM NAME: (Print or Type ) CONTRACTOR'S FIRM ADDRESS: /0-0 - / cr- r Name of Agent/Broker: ` �/i �� lwel2 pods'6 S sd�lS Address of Agent/Broker: 13 r6 T,t�_9G�}'S <� City/State/Zip: �� 7 Agent/Broker Telephone Number: Ofeev -74 3 53 ! Date: /4 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bidiproposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775.2165. BID #04.161-BNi - REPLACE 24-INCH STEEL AERIAL SEWER PIPELINE lU/14/LUU4 14:11 r'A4 1 SUU 145 1051 MUMN ffi(:lS h.11V(:. 10003 SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) lie City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government .:ode, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the foIlowi:ng written definition and I riteria for accurately determining; the safety record of a bidder prim to awarding bids on City contracts. The definition and criteria for detarmining the safety record of a bidder for this consideration shall be: .,'he City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof: The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by 'nvironmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among ther things: Complaints to, or final orders entered by, the Occupational Safety and Health Review Conmiission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments r<msponsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforoernent, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administranve oraers, dram oraers, nimi orders, and judicial final judgments. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. Any other safety related -matter deemed by the City Council to be material in determining the responsibility of the bidder and his or bar ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock -�h order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential t,nntmr.tnra friar rn AwArding bids on City contracts. Citv of Lubbock requires that bidders answer the following three (3) luestions and submit them with their bids: QUESTION ONE EIas the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, recelved cirarlons for violauuns of OSHA, widiiu aic pant throe (3) ycarc? E� YES NO__� =If the bidder has indicated YES for question number one above, the bidder must provide to City of. Lubbock, with its bid AUbmission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty t "assessed. F IW14t4VU4 14:1L eAA 1 806 748 1681 BROWN MCREE,INC. I1004 J dN - A►l cif E E� Aide QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or reguiaulons, urCauy kola VA Lykrc, wiaLL, tt�c paot five yearog cautions include notice of violatinn, nMYRf'. of enforcement- suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES _ NO_ If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION 'A'HREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO� If the bidder has indicated YES for question number tbree above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final dispositions of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful rsysrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions_ I am aware that the information given by me in this questionnaire will be investigated; with my full perrnission, and that any misrepresentations or omissions may cause my bid to be rejected. /-!:;>- ca?f.-t, Signature Title 12 UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE PO Box 73909 Cedar Rapids, Iowa 52407-3909 (A Stock Company) BID BOND KNOW ALL BY THESE PRESENTS, that BROWN-MCKEE, INC. as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF LUBBOCK, TEXAS as Obligee, hereinafter called Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID ---------------------------------------------------------------- Dollars ($-------------------- 5%---------------------- ) for the payment of which sum well and truly to be made, the said principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for ITB# 04-161-BM REPLACE 24" AERIAL SEWER PIPELINE Now, Therefore, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14TH day of OCTOBER In the p,. ;17 (witness) (Witness) � _] CONT 00010798 A.D., 2004 BROWN-MCKEE INC. (Sea,) )�� /--9- ea�� MIKE OLES (Tide) PRESIDENT UNITED FIRE & CASUALTY COMPANY (Seal) By� DEEDEE ARINAER(Attomey-ln-f�act) No Text PAYMENT BOND STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) BOND NO. 54-146625 KNOW ALL MEN BY THESE PRESENTS, that BROWN—MCKEE , INC. (hereinafter called the Principal(s), as Principal(s), and UNITED FIRE & CASUALTY COMPANY (hereinafter called the Suret 0a1ibWBWb aggM f TViPoTHO`tYc �$�ereinafter called the Obligee), in the amount of TEM sTx ANn Nnf p ----- ( awful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28THday of OCTOBER 12004 ,to BID #04-161—BM REPLACE 24—INCH STEEL AERIAL SEWER PIPELINE 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 pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, 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 Section 2253.021(a) of the Texas Government Code, 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. IN WITNESS WHEREOF,'the said Principal (s) and Surety (s) have signed and sealed this instrument this 2ND day of NOVEMBER 2004 . UNITED FIRE & CASUALTY COMPANY BROWN—MCKEE INC Surety (Company Name) h _ *By...J2�-� (Title) DEEDEE BRINKER ATTORNEY —IN —FACT By: MIKE OLES (Printed Name) (Signature) PRESIDENT (Title) i__.___� ',' The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates DEEDEE BRINKER 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. UNITED FIRE & CASUALTY COMPANY Surety * By: (Title) DEEDEE BRINKER ATTORNEY —IN —FACT Approved as to form: City of bbock y: 1. B ity 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. ,.. 2 No Text PERFORMANCE BOND No Text STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) BOND NO. 5 4 -14 6 6 2 5 KNOW ALL MEN BY THESE PRESENTS, that BROWN-MCK efein &*called the Principal(s), as Principal(s), and UNITED FIRE & CASUALTY COMPANY (hereinafter called the Surety s ar �,e1 f�t 1,0 r�D C' f ereinafter called the Obligee), in the amount of THT TTy ANnyNc� n�E g8v($ 9wful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the28THday of OCTOBER , 2004, to BID #04-161-BM ' REPLACE 24-INCH STEEL AERIAL SEWER PIPELINE 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 perform 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 Section 2253.021(a) of the Texas Government Code, 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. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 2ND day of NOV-EMBER , 2004 . UNITED FIRE & CASUALTY COMPANY Surety *By: b-l..JlItA- - f4-t �?.�� (Title)DEEDEE BRINKER ATTORNEY -IN -FACT BROWN-MCKEE INC (Company Name) By: MIKE OLES (Printed Name) 2)�' &22� (Signature) PRESIDENT (Title) No Text The undersi ned surety company represents that it is duly qualified to do business in Texas, and hereby designates DEEDEET BRINUggent 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. UNITED FIRE & CASUALTY COMPANY Surety *By: AA L t (Title)DEEDEE BRINKER ATTORNEY —IN —FACT Approved as to Form City of Lubbock BV Ci ttorney 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. .___. ., .. v _ _ . _. ..� �,� C Ul United Fire Group Fidelity & Surety Department POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE SURETY BONDS You should know that, effective November 26, 2002, any losses sustained by the surety caused by certified acts of terrorism would be partially reimbursed to the surety by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established [' deductible paid by the surety providing the coverage. The portion of your bond premium that is attributable to coverage for acts of terrorism is $ 0.00. Before any charges are added for terrorism coverage in future surety products you purchase, you will be able to make a coverage election for a then specified premium charge. The existence of the federal terrorism insurance program does not affect the obligations you assume in the indemnity agreement. IHOME OFFICE: 1 I8'9econd Ave. SE, PO Box 73909, Cedar Rapids, IA 52407-3909 Phone: 319-399-5700 FAX: 319-399-5425 UNITED FIRE GROUP IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: United Fire & Casualty Company United Life Insurance Company Addison Insurance Company Lafayette Insurance Company Insurance Brokers & Managers, Inc. American Indemnity Companies You may call United Fire Groups toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire Group at: United Fire Group Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address - United Fire Group Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001. HOME OFFICE: 118 Second Avenue SE, PO Box 73909, Cedar Rapids, Iowa 52407-3909 Phone: 319-399-5790 FAX: 319-399-5425 of Y_. 406tlon) 0", pipogXD, UB)3=' TX Section 2, folhtmeht 6 from ......... . bonds,ih ei, u Oqij end `fq c6ppots 0. seal, i7 to sicle6i'or-any 'Vice -P'tesident,the Bci4id bfDire6-t6isorany other .,officer ,6fthe-Company-j authority _Orwi i6_6s1V,-giiveh,_to any attOr 66yAn-iact. :OF,the -UNITED 'FIRE &.CASUALTY�COMPANY`has cai sedfihs5e -wet Wit - its corporate seal to- this 2 be hereto affixed 6.01- day 0 a.._,..� UNITED- FIRE& CASUALTY 0, y Y- ntxLs ...th'bt'thd saiP,,b W' erW CERTIFICATE OF INSURANCE NEIV-05-2004 16:35 FROM:J E MLORFEE SM7630663 TO:8067752164 P_2/2 ACORD CERTIFICATE OF LIABILITY INSURANCE _710000 J. E. Murree & Son THIS GZTIFICATE I3 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THS CHRTIFICATE 1310 Texam Avenue Lubbock TX 79401 HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY TH6 POLICIG INSURIER4 AFFORDING COVERAGE NAIC # sune0• • BTown-McKee, Inc. &Precision Drilling a divislon of Drown -McKee, Inc, PO Box 3279 Lubbock TX 79452 IN$iRLR A•rave crs Lloyds lmsuTance Company .INO LIgER 0: Phoenix uranoa Company , Travelers Indemnity u Connecticut ravelers Yndenml Co'or-AnvWva "' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THF_ POLICY PERIOD INDICATED. N6TWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C2RTIFICATE MAY Bra ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE PMICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIRS. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. [NOR DPOLICYNUDER OLCENPOLIEPN LIM oENEW►L LwEILJTY DTC0492D7257TL,C04 01 /U 1 /200a 01 /01 /2005 S 1 0 WNIMERCIAL GCNCIiAL LIA5ILrr7 DANIAGE7dR NNOP (SEE tEaxcu(;tltce►...._. 30 (00 _ a ,•„� CLAIMS MADE OCCUR MED EXP jAny one wson)5000 - _PERMNAL A Ibmuft S 1000000 _.._AGGpE;GATE __ 2000000 G AGOREO LIMIT AP ES PER PRODUCTS • COMPIOP AGG 1 2000000 ._ ,... X P I IV I P O• A' OMOBILE LIABILITY DI ENCAPd92D72700a 01/01/2004 01/01/2005 COMBINCO SINGLE LIMIT 1000U00 X ANY Aura ma accident) a @OODILY NJU RY ALL OWNED AUTOS _ W-111OULMO AUTOS `( .. __. X S HIRED AUTOS BOOILY INJURY (Pc.occWent) NON-0WNEOAuTO3 PROPOnYDAMAOG _.. : — (Par aaddem) E LIABILITY ;t OTHSRTHAN F-AA ANY AUTO AUTO ONLY: AGO ESSIUMBRE DILITv IYI:RMCUP402D7264TCT04 0.1/01/2004 01/01/2005 EACH OCCURRENCE 5000000 asuanTr _ 5000000 X OCCUR cwLCR L4ADE DEDUCTIELE ,. _. nctermoN S _J YIICRItER1 COIEPE,wwTION AND O'I'H(Jfid9(0702004 01101 /2004 01/51/2005 X j3%LSTjM I jcTH- WAFLOYERV kIAWUTY 1000000 ANY PROPRIETORIPARTNERIMOUTIVE EXCLUDED C.L. cwcn wcclDl 7I, „ _ 1W0000 --, OFFIGERmIEMPeR E.L. DISEASE - EMPLOYE a aesmbe unae E.L. DIR S- POLIrV IM 1000000 ovmcrBuilders Fisk QT6604PIDDIVOTLIZ04 06 27 2004 06/27 2005 Uunt $275,236.00 ,@SCRIPTION OF OPGRATI010.1 ! LOCATIONS I Ve1V016E3 ! tiXCLV919Ne AODeD OY BNOOR96MCNT I ereouu. PROV1910N'J -tic: Replace 24 inch Steel Aerial Sowor Pipolino - Blankot additional insmcd ondor3croont attached to the OL Policy no required by written contract. Blankot Waivor of subrogation Ondommont attached to tho GL, Auto Liab., & WC policies as -quirod by writton contract. Additional insured endo"ernent attached to the Auto Liab. policy in favor of tho cortlticatc holder. SnOuLo ANT Or me woove ar3cmma POLKm BD cANcELI.ED so THE EXPIRATION City of Lubbock DATE THEREOF, THE ISSUIN0 INSURER WILL ENDEAVOR TO MAIL DAYS WRTTT4N PO Box 2000 NOTICE TO THE CERTIPICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 30 SHALL Lubbock TX 79457 EtIPOSR NO OBU3AMON OR LIABILITY OF ANY KIND UPON THE INSURER, RE AGENTS OR 'ICORD 25 (2001/08) AUTHORIZEDRGPRESENTAT)VE _ _�... i 0 ACORD CORIVRAT10N 1988 CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. REQUIRED WORKERS' COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the 4 identity of their employer or status as an employee." ` "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to .n report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services.❑ No Text CONTRACT CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 28th day of October, 2004 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Brown -McKee, Inc. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #04-161-BM - REPLACE 24-INCH STEEL AERIAL SEWER PIPELINE - $275,236.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LVB�OCIJTEXAS (OWNER): By ATTEST City Secretary —� APPROVED AST ONTENT: wner's epres ntative AIR D AS TO FO`'RM: , e C Cit rney CONTRACTOR: I�Aww - Ale By: ! U QA' 4--. PRINTED NAME: /'�rl /" • d��'°s TITLE: COMPLETE ADDRESS: Brown -McKee, Inc. PO Box 3279 Lubbock,Texas 79452 ATTEST: Corporate Secretary GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit BROWN-MCKEE INC. who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative L. WOOD FRANKLIN INTERIM CHIEF WATER UTILITIES ENGINEER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. �iZi7►t>r�7_T�>i�iZd�L�il_�►><>� The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless 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. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The -4 Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the .a execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) 2 _ a calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or u men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative,. be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance I , with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 4 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive ( compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of F , any extra work, any claim for payment due to alleged extra work shall be deemed waived. & 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification- obtained before the bids are received, and if no such notice is received by the- Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall ' comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the (. Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the y Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject -j matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, - .. e <. >. _. ., .� .-., a, . ..., r^^....__.®...._» „_...,..w.....,„, ,„,....e.,..�..,,.,,� r+...m....,a.,„.u.� p,wmro.,.wxmµy p�m...,.,m.�,.y ,,,,....n„.�� �„,.,�,,........q ,m...�-.�..._.,f ...,.�.....,__—, �.,..,....._...,.._. .._....._....„., ._ - - i I � ' ,�. ...,..�,...w � _ ,.' �.,.�..,, :._ � pw,..�.�..�d u� �aiwr�m w;i Fa:�zd wd �mw� t are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. �P ICI 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. f 5 The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations t-= Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury Contractors Pollution Liability Coverage ( Heavy Equipment Endorsement B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, L0 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; `t_ t Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance (Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 0406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by p the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the j- Contractor is representing to the governmental entity that all employees of the Contractor who will t 9 provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 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 insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so to the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (_ 10 (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 8001372-7713 or 5121804- 4000(http://www.twcc.state.tx.usltwcccontacts.html) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular a' design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, f agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the g-- contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 12 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are l- essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $1,000 (ONE THOUSAND DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. l- 35. TIME AND ORDER OF COMPLETION L It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution 1.._ shall be such that the work shall be substantially completed as a whole and in part, in accordance with this 13 i i contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, ry q schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except - where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. __ 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the f , specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY t The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, 0` I 14 No Text against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising f, from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. l 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding t the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. IL._.: 15 44. FINAL COMPLETION AND PAYMENT g The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK tw Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, j Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's r Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor ®._ shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's ' Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by u Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and :.a constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 16 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and 17 his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. - = The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 9. 49. LIMITATION ON CONTRACTOR'S REMEDY ' The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. I._ 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's t work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 18 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 19 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO. 2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer X Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher x Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey i Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper n Iron Worker Laborer -General Mortar Mixer r Painter Plumber Plumber -Helper Roofer --= Roofer -Helper Sheet Metal Worker rSheet Metal Worker -Helper Welder -Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 I EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate - Asphalt Heatennan 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 9.00 f" Bulldozer 9.00 3 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 ' Scraper 7.50 Tractor -Trailer 8.50 Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 EXHIBIT C Prevailing Wage Rates Overtime Rate F", '' The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 3 SPECIFICATIONS I I I RECONSTRUCT 24—INCH STEEL AERIAL SEWER PIPELINE NEAR ATZLAN PARK TECHNICAL SPECIFICATIONS .� . . . .. AUGUST 2004....o.............................. 6rT 91782 _ \p�FS � sa _d �_..._, �_ .ww�w � �.��.roti��, ,.,w_..�� ._��_._,� ��.� ,�.w_.._ _m �.._, --'- `^-___._�-»-._____--„,. �,..��—� � ,.�.�.,, '`a, G ...�--^� ,..�...,�.+ o��-' '. ,.� �.�:�. � �mm `mom-.-.......�.w'' ��m...,.. � w.,�.,.....,.„�.+ TABLE OF CONTENTS RECONSTRUCT 24-INCH STEEL AERIAL SERVER PIPELINE NEAR ATZLAN PARK SPECIFICATIONS DIVISION 1 — GENERAL REQUIREMENTS 01110 Sununary of Work 01330 Administrative Procedures DIVISION 2 — SITE CONSTRUCTION 02220 Demolition and Disposal of Existing Aerial Pipeline 02530 Steel Pipe for Wastewater Transmission APPENDIX A — SITE MAP APPENDIX B — DRAWING OF EXISTING STRUCTURE APPENDIX C — PICTURES Reconstruct 24-inch Steel Aerial 00010- 1 9l9l2004 q--a., 13i—Ii", N-'r AI,I— Pork SECTION 01110 SUMMARY OF WORK PART1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1 - General Requirements. 1.2 SECTION INCLUDES A. Work covered by Contract Documents. B. Contractor use of site. C. Work sequence. D. Owner acceptance of work. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. The project consists of replacing approximately 592 feet of existing 24-inch steel aerial sewage pipe with new 24-inch steel aerial sewage pipe. The location is north of Atzlan Park as shown on the site map included at Appendix A. The existing pipeline crosses a small canyon and is supported on top of concrete piers as shown in the drawing at Appendix B and the pictures in Appendix C. Major components of the project include: i. Diverting the flow of sewage prior to the demolition of the existing 24-inch pipeline. ii. Demolishing and disposing of the existing 24-inch steel sewage pipe. iii. Furnishing and installing new 24-inch steel aerial sewage pipe. iv. Testing the pipe and tying the new pipeline into the system. V. Developing, filing and implementing a storm water pollution prevention plan (SWPPP) prior to the start of active construction. Reconstruct 24-inch Steel Aerial 01 1 10-1 9.'9i2004 Sewage Pipeline Near Atzlan Park vi. Other work items necessary for the safe and orderly completion of the project; such as, collecting and disposing of construction debris and restoring site to its original condition. 1.4 CONTRACTOR USE OF SITE A. Limit construction activities within the hours of 8 a.m. to 5 p.m., Mondays through Fridays. Approval to extend the work hours before 8 a.m., after 5 p.m., and on Saturdays shall be made to the Owner's Representative 48 hours prior to when the work is to be performed. 1.5 WORK SEQUENCE A. Submit a detailed constriction scheduled, for approval, to the Owner's Representative at the Pre -Construction Meeting. 1.6 OWNER ACCEPTANCE A. Owner, at it's own discretion, may accept portions of the work before the entire project is complete. PART 2 PRODUCTS Not Used P ART 3 EXECUTION Not Used END OF SECTION Reconstruct 24-inch Steel Aerial 01110-2 9/9/2004 Sewage Pipeline Near Atzlan Park SECTION 01330 ADMINISTRATIVE PROCEDURES PART1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and all Divisions of the Contract Documents apply to work of this Section. 1.2 SECTION INCLUDES A. Submittal Procedures B. Proposed Products list. C. Product Data. D. Samples, E. Manufacturer's instructions. F. Manufacturer's certificates. 1.3 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address and telephone number. B. Sequentially number the transmittal forms. C. Identify Project, Contractor, Subcontractor or supplier, pertinent Drawing sheet and detail number(s), and Specification section number, as appropriate. D. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of inforniation is in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to expedite the Project, and deliver to Owner's Representative at business address. Coordinate submission of related items. Reconstruct 24-inch Steel Aerial 01330-1 7126.!2004 Sewage Pipeline Near Atzlan Park 'Y F. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of the completed Work. G. Provide space for Contractor and Owner's Representative review stamps. H. Revise and resubmit submittals as required, identify all changes made since previous submittal. I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. J. Submittals not requested will not be recognized or processed. 1.4 RESUBMITTAL REQUIREMENTS A. Revise initial submittals as required and resubmit to meet requirements as specified. B. Mark as RESUBMITTAL. C. Re -use original transmittal numbers and supplement with sequential alphabetical suffix for each re -submittal. 1.5 PROPOSED PRODUCTS LIST A. Within 7 days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.6 SHOP DRAWlNGS A. For drawings larger than 11 x 17 inches, submit in the form of one reproducible transparency and one opaque reproduction. B. For drawings 11 x 17 inches and smaller, submit the number of opaque reproductions, which Contractor requires plus four copies, which will be retained by Owner's Representative. Reconstruct 24-inch Steel Aerial 01330-2 7i26(2004 Sewage Pipeline Near Atzlan Park C. Drawing size shall be minimum 8-1/2 x 11 inches and maximum of 30 x 42 inches. D. Details shall be drawn to a minimum size of 1-1/2 inches equal to 1 foot. E. After review, produce copies and distribute in accordance with SUBMITTAL PROCEDURES article above. 1.7 PRODUCT DATA A. Submit the number of copies the Contractor requires, plus three copies that will be retained by the Owner's Representative. B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. C. Include recommendations for application and use, and reference to compliance with specified standards of trade associations and use, and reference to compliance with specified standards of trade associations and testing agencies. D. Include notation of special coordination requirements for interfacing with adjacent work. E. After review, distribute in accordance with Article on Procedures above, and provide copies for Record Documents. 1.8 MAI\TUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturer's printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturer's instructions and Contract Documents. C. Indicate special procedures, conditions requiring special attention and special environment criteria required for application or installation. Reconstruct 24-inch Steel Aerial 01330-3 7/26/2004 Sewage Pipeline Near Atzlan Park 1.9 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturer's certificate to Owner's Representative, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and Certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Owner's Representative. PART 2 PRODUCTS Not used. PART 3 EXECUTION Not used. END OF SECTION Reconstruct 24-inch Steel Aerial 01330-4 7126/2004 Sewage Pipeline Near Atzlan Park a SECTION 02220 DEMOLITION AND DISPOSAL OF EXISTING AERIAL, PIPELINE PART1 GENERAL 1.1 SECTION INCLUDES A. Divert flow of existing sewage B. Removal of existing pipeline C. Disposal of pipeline P P ' D. Protection of environment 1.2 GENERAL REQUIREMENTS A. Contractor shall be responsible for furnishing all labor, equipment and materials for the safe demolition, proper disposal, and replacement of approximately 600 feet of 24-inch steel sewer line. ' 1.3 DIVERT FLOW OF SEWAGE A. Contractor shall submit a plan, for approval, to divert the existing flow of sewage. B. Flow data was recorded over an eight -day period. The average values over the eight day period is listed. i. Average Daily Flow: 0.191 MGD ii. Average Max. Flow: 158 GPM iii. Average Min. Flow: 122 GPM iv. Average Flow: 134 GPM 1.4 REMOVAL OF EXISTING PIPELINE A. Aerial pipeline shall be removed in a safe manner that prevents damage to the pp p g existing concrete support piers and adjacent railroad bridge structure. B. Residual sewage from within pipe sections shall be managed to prevent spillage. 1.5 DISPOSAL OF PIPELINE w A. Contractor shall dispose of the pipeline in accordance with all local, state and federal laws and regulation. B. Contractor shall be responsible for paying any landfill or disposal fees. C. Materials may be sold as salvage at the Contractor's discretion. Reconstruct 24-inch Steel Aerial 02220-1 9/9/2004 Sewage Pipeline Near Atzlan Park .i 1.6 PROTECTION OF ENVIRONMENT A. Contractor will make precautions to prevent any debris fi-om entering water bodies adjacent to the work site. B. Contractor shall not run heavy equipment through any adjacent water body. C. Contractor shall stabilize disturbed terrain by restoring the terrain to its original ground cover. D. Contractor shall submit a spill containment plan to prevent the spread of contaminants in the case that materials enter any body of water adjacent to the work site. E. Contractor shall be responsible for any and all reports required by the Texas Cormnission on Environmental Quality (TCEQ) in the case a spill exceeds reportable quantities. F. Contractor shall be liable for any and all environmental penalties, fines and clean- up cost resulting from materials entering adjacent bodies of water and/or onto the terrain. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION ..., ^, Reconstruct 24-inch Steel Aerial 02220-2 9l712004 Sewage Pipeline Near Atzlan Park PART 1 SECTION 02530 STEEL PIPE FOR WASTEWATER TRANSMISSION GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, Division 1. 1.2 SECTION INCLUDES A. System Description B. Submittals C. Quality Assurance D. Delivery, Storage, and Handling E. Materials F. Linings and Coatings G. Installation H. Testing I. Acceptance 1.3 GENERAL REQUIREMENTS A. Provide and install steel pipe of the sizes and in the locations shown on the drawings and as specified herein 1.4 SYSTEM DESCRIPTION A. Replace existing 24-inch O.D., 3/8-inch thick wall, steel aerial sewer pipe B. Pipe lengths are 66 feet C. Aerial sewer line is supported on concrete piers 18 to 24 feet in height 1.5 SUBMITTALS A. Shop Drawings, shall be submitted to the Owner's Representative for approval and shall include the following: i. Pipeline layout showing stations and elevations. Re -construction 24-inch Aerial 02530 - 1 09/09/04 Sewage Pipe at Atzlan Park ii. Details of standard pipe, specials and fittings. iii. Calculations for pipe design and fittings reinforcement and/or test data. iv. Welder certifications and qualifications. V. Details of stulling and shipping packaging. B. Certifications: The Contractor shall furnish a certified affidavit of compliance for all pipe and other products or materials furnished under this Section of the Specifications, as specified in ANSFAWWA C200 and following supplemental requirements: i. Physical and Chemical properties of all steel ii. Hydrostatic test reports iii. Results of Production weld tests C. Product warranties. D. Manufacturer's installation instructions. E. Manufacturer's operation and maintenance data. F. Manufacturer's loading, unloading and storage requirements. 1.6 QUALITY ASSURANCE A. Inspections: All pipe shall be subject to inspection at the place of manufacture in accordance with the provisions of ANSFAWWA C-200 and AI\TSI/AWWA coating and lining standard as supplemented by the requirements herein. B. Tests: Except as modified herein, all materials used in the manufacture of the pipe shall be tested in accordance with the requirements of ANSFAWWA C-200 and ANSFAWWA coating and lining standards. C. The Contractor shall perform said material tests at no additional cost to the Owner. The Owner's Representative shall have the right to witness all testing conducted by the Contractor; provided, that the Contractor's schedule is not delayed for the convenience of the Owner's Representative. 3 D. Welding Requirements: All welding procedures used to fabricate pipe shall be qualified under the provision of ANSFAWS B2.1 or ASME Sec. IX. E. Welder Qualifications: All welding shall be done by skilled welders, welding operators, and tackers who have had adequate experience in the methods and materials to be used.Welders shall maintain current qualifications under the provisions of ANSFAWS B2.1 or ASME Sec. IX. Machines and electrodes similar to those in the work shall be used in qualification tests. The Contractor shall furnish all material and bear the expense of qualifying welders. Re-consURuclion 24-inch Aerial 02530 - 2 09/07/04 Sewage Pipe at Atzlan Park 1.7 DELIVERY, STORAGE AND HANDLING A. Pipe shall be installed or stored as required to maintain roundness of +/-1 percent during shipping and handling. B. Coated pipe shall be shipped on padded bunks with nylon belt tie -down straps or padded banding located approximately over stulling. C. Coated pipe shall be stored on padded skids, sand or dirt berms, sand bags, old tires or other suitable means so that coating will not be damaged. D. Coated pipe shall be handled with wide belt slings. Chains, cables or other equipment likely to cause damage to the pipe or coating shall not be used. F. Prior to shipment, dielectrically coated pipe shall be visually inspected for damage to the coating by the following procedure: i. When visual inspection shows a dielectric coating system has sustained physical damage, the area in question may be subjected to an electrical holiday test. Voltage is dependent upon type of coating. ii. When the area is tested and there are no holidays or no tearing of the material, (wrinkling or bruising of tape may be permitted) then the area shall be noted OK and shipped with no patching required. iii. When the damaged area does show damage going clear to the steel from either a visual inspection or a jeep froin a holiday detector, the area shall be repaired. PART 2 PRODUCTS 2.1 MATERIALS A. Pipe i. Steel Pipe shall be manufactured and tested in accordance with AWWA C200 from materials conforming to ASTM A53 GR B/API 5L. ii. Pipe shall be designed to cover conditions as shown on the plans. The design for deflection shall be in accordance with AWWA M-11. iii. Pipe is to be furnished principally in 66 ft. net laying lengths with special lengths, field trim pieces and closure pieces as required by plan and profile for location of reducers and other in -line fittings. The pipe fabricator shall prepare a pipe -laying schedule showing the location of each piece by mark number with station and invert elevation at each bell end. Re -construction 24-inch Aerial 02530 - 3 09/07/04 Sewage Pipe at Atzlan Park r t ; B. Fittings Unless otherwise shown on the Plans, all specials and fittings shall conform to the dimensions of AWWA Standard C208. Pipe material used in fittings shall be of the same material and thickness as the pipe. Fittings shall be equal in pressure design strength. Specials and fittings, unless otherwise shown on the Plans, shall be made of segmentally welded sections from hydrostatically tested pipe, with ends compatible with the type of joint or coupling specified for the pipe. All welds made after hydrostatic testing of the straight sections of pipe shall be checked per the requirements of AWWA C-200 Section 5.2.2.1 C. Joints i. O-ring: the standard joint shall be O-ring unless otherwise noted on the plans. O-ring joints shall conform to AWWA C200 Standard and as shown in Chapter 8 of AWWA M-11. The o-ring gasket shall have sufficient volume to approximately fill the area of the groove and shall conform to AWWA C200. The joint shall be suitable for a safe working pressure equal to the class of pipe furnished and shall operate satisfactorily with a deflection angle, the tangent of which is not to exceed 1.00/1) where D is the outside diameter of the pipe in inches with a pull-out of 1 inch. O-ring joints may be furnished only by a manufacturer who has furnished pipe with joints of similar design for comparable working pressure. Pipe diameter, pipe length, and wall thickness that has been in successful service for a period of at least 5 years. ii. Lap weld: Lap field welded joints shall be used only where tied joints are indicated on the plans. The standard bell shall provide for a 2 1/2-inch lap. The minimum lap shall be 1 inch. The design maximum joint deflection or offset shall be a 1" joint pull. iii. Mechanical Couplings: Mechanical couplings where indicated on the plans shall be Smith Blair Style 411, Baker Style 200, Brico Depend-O-Loc or approved equal. Insulating mechanical couplings where indicated on the plans shall be double insulated Smith Blair Style 416, Baker Style 216, or equal for working pressures up to 150 psi only. Couplings for buried service shall have all metal parts painted with Epoxy paint and conform to AWWA C219. Pipe ends for mechanical couplings shall conform to AWWA C200 and M-11. The shop applied outside coating shall be held back as required for field assembly of the mechanical coupling or to the harness lugs or rings. Harness lugs or rings and pipe ends shall be painted with one shop coat of epoxy conforming the end of the pipe. t D. Flanges i. Flanges shall be in accordance with AWWA C207 Class D for operating pressures to 175 psi on 4 inch through 12 inch diameter, and operating pressures to 150 psi on diameters over 12 inches. Flanges shall be AWNVA C207 Class E for operating pressures over 150 psi. to 275 psi. or shall be AWV17A C207 Class F for pressures to 300 psi (drilling matches ANSI B Re -construction 24-inch Aerial 02530 - 4 09/07/04 Sewage Pipe at Atzlan Park 16.5 Class 250). Shop lining and coating shall be continuous to the end of the pipe or back of the flange. Flange faces shall be shop coated with a soluble rust preventive compound. ii. Gaskets: Full face, 1/8-inch thick, cloth -inserted rubber, Garlock 3000, John Crane Co.Style 777 or approved equal. E. Bolts and Nuts for Flanges All bolts shall be TYPE 316 stainless steel conforming to ASTM Al93, Grade B8M , Class 1 for class B and D Flanges with ASTM 194, Grade 8M nuts. For Class E and F flanges the bolts shall be ASTM Al94 grade 2H nuts with bolt and nuts to be zinc plated in accordance with ASTM B633 2.2 LININGS AND COATINGS A. Steel Piping Interior: Surface Preparation Prior to Abrasive Blast Cleaning: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard RP0178, Designation C for Lap and Butt Welds, Designation D for Fillet Welds. ii. Surface Preparation: SSPC-SP5 White Metal Blast Cleaning. Anchor profile shall be 4.0 mils as per ASTM D 4417, Method C or NACE Standard RP0287. iii. Coating System: First Coat: Tnemec Series 120 Vinester applied at 15.0 to 20.0 dry mils. Second Coat: Tnemec Series 120 Vinester applied at 15.0 to 20.0 dry mils. Total minimum dry film thickness shall be 30.0 mils, or pre -approved equal system. B. Steel Piping Exterior: Surface Preparation Prior to Abrasive Blast Cleaning: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard RP0178, Designation C for Lap and Butt Welds, Designation D for Fillet Welds. ii. Surface Preparation: SSPC-SP 10 Near White Metal Blast Cleaning. Anchor profile shall be 2.5 mils as per ASTM D 4417, Method C or NACE Standard RP0287. Re-conStRlCtion 24-inch Aerial 02530 - 5 09/07/04 Sewage Pipe at Atzian Park iii. Coating System: First Coat: Tnemec Series 66 Hi -Build Epoxoline applied at 4.0 to 6.0 dry mils. Second Coat: Tnemec Series 73 Endura-Shield applied at 2.0 to 3.0 dry mils. Total minimum dry film thickness shall be 6.0 mils, or pre -approved equal system. PART 3 - EXECUTION 3.1 Installation A. The Contractor shall provide and install all required piping and accessories in accordance with the contract documents and manufacturer's recommendations. Pipe installation as specified in this section supplements AWWA M-11. B. Joints Assembly i. O-ring Joints a. Wire brush clean exposed ends of joint surfaces. b. Thoroughly lubricate the gasket with material approved by the pipe manufacturer. C. Place gasket in grooved spigot and tension relieve by inserting a dull instrument under the gasket and completing two revolutions around the joint circumference. d. Insert joint to full metal -to -metal contact prior to providing the maximum allowable linch joint opening for any necessary deflection. e. Electrically bond the joint through the use of welded steel bars, clips or copper wires thennite welded to the pipe in the field. f. Complete the exterior and interior of the joints with appropriate coating and lining. ii. Lap field welded joints for restraint a. Wire brush exposed end of joint surfaces. The plain end shall extend into the expanded bell to provide a minimum overlap of one inch at any location around the joint circumference. b. Certified welders in accordance with AWS D1.1 shall provide a single full weld C. Interior and exterior joint surfaces shall be completed in accordance with the appropriate lining and coating requirements. Re -construction 24-inch Aerial 02530 - 6 09/07/04 Sewage Pipe at Atzlan Park iii. Flanged Joints: a. Bolt holes of flanges shall straddle the horizontal and vertical centerlines of the pipe. Clean flanges by wire brushing before installing flanged fittings. Clean flange bolts and nuts by wire brushing; lubricate bolts with graphite or oil. b. Insert the nuts and bolts, finger tighten, and progressively tighten diametrically opposite bolts uniformly around the flange to the proper tension. C. Execute care when tightening joints to prevent undue strain upon valves, pumps and other equipment. d. If flanges leak under pressure testing, loosen or remove the nuts 41 and bolts, reset or replace the gasket, reinstall or re -tighten the bolts and nuts, and retest the joints. Joints shall be watertight. C. Installing Buried Piping: i. Inspect each pipe and fitting before lowering the buried pipe or fitting into the trench. Inspect the interior and exterior protective coatings. Patch damaged areas in the field with material similar to the original. Clean ends of pipe thoroughly. Remove foreign matter and dirt from inside of A pipe and keep clean during and after laying. ii. Handle pipe in a manner to avoid any damage to the pipe. Do not drop or roll pipe into trenches under any circumstances. iii. Grade the bottom of the trench and place a 4-inch minimum layer of select or scarified material under the pipe. Before laying each section the - pipe, check the grade and correct any irregularities found. The trench bottom shall form a uniform bearing and support for the pipe. iv. At the location of each joint, dig bell holes in the bottom of the trench and at the sides to permit completion and visual inspection of the entire joint. V. Keep the trench in a dewatered condition during pipe laying. vi. When the pipe laying is not in progress, including the noon hours, close the open ends of the pipe. Do not permit trench water, animals, or foreign objects to enter the pipe. D. Installing Above Ground Piping: i. All piping above ground shall be installed within the existing concrete saddles, as shove on the drawing at Appendix B, with new hold down straps and support appurtenances furnished by the Contractor. Re -construction 24-inch Aerial 02530 - 7 09/07/04 Sewage Pipe at Atzlan Park F" ' 3.2 Testing A. Testing shall be conducted by the Contractor at his ovum expense. B. All testing shall be accomplished in the presence of the City's Inspector or his authorized representative. The City's Inspector shall be notified 24 hours in advance of the testing. C. The Contractor shall conduct a low-pressure air test. D. Low -Pressure Air Test i. The low-pressure air test shall be conducted in accordance to the provisions of UNI-B-6, "Recommended Practice for Low -Pressure Air Testing of Installed Sewer Pipe," published by Uni-Bell Plastic Pipe Association. ii. The Contractor shall repeat the low-pressure air test after repairs until an acceptable pressure drop for the test is attained. All repairs required shall be at the Contractor's expense. 3.3 GENERAL A. Final acceptance of the sewer line shall be based on an inspection covering all items in this specification. The inspection shall be done in an appropriate manner by representatives of the Water Utilities Department. The Contractor shall remedy, at his own expense, any poor alignment or any other defects in workunanship or materials revealed by final inspection. Final acceptance will be based on reinspection of the sewer after the appropriate repairs and corrections are completed. 3.4 T.V. INSPECTION A. Where determined necessary by the City's Inspector, the sewer shall be inspected by T.V. camera prior to final acceptance of the pipeline. The costs incurred in making the initial inspection by T.V. camera shall be borne by the Contracting Agency. B. T.V. equipment expressly designed for pipeline inspection purposes and operated by experienced and qualified personnel shall be pulled through the entire pipeline. ..._ The T.V. operator shall maintain a log of all inspections and note location, type and extent of any deficiencies. The T.V. operator shall also photograph all deficiencies and not less than one "typical" location per each 500 feet of pipeline inspected. C. The Contractor shall bear all costs incurred in correcting deficiencies found during the T.V. inspection, including cost of additional T.V. inspection required to 1- verify correction of noted deficiencies. D. T.V. inspection conducted solely for the Contractor's benefit shall be at the Contractor's expense. Re -construction 24-inch Aerial 02530 - 8 09/07/04 a Sewage Pipe at Atzlan Park 4 3.5 ACCEPTANCE A. Flow of any kind into the existing sewage system shall not be allowed until the S sewer has been satisfactorily completed and accepted for use by the Water Utilities Department. B. Portions of the work completed may be placed in operation after all cleaning, testing and inspection requirements have been fulfilled. Such partial use or partial acceptance shall be subject to approval of City Inspector. END OF SECTION Re -construction 24-inch Aerial 02530 - 9 09/07/04 Sewage Pipe at Atzlan Park t__ ` r r APPENDIX A: SITE MAP ji .711 for Yr yq +� ''I IJyI`lq; t t." ` - �F "w•t ,`T kF i� 1kl 4 s', it ' '� +, .}•' � y``� 5 �� I I y 4•" . . 1 •'7 f Ir N U X