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HomeMy WebLinkAboutResolution - 5970 - Contract - Insituform Texark Inc.- Recondition Aerial Sewer Main - 08/13/1998Resolution No. 5970 Item No. 38 August 13, 1998 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 with Insituform Texark, Inc, of Chesterfield, MO to install and furnish all materials and services as bid for the Recondition of 30" Aerial Sewer Main, and all 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 Council. Passed by the City Council this 13th day of August , 1998. 9 K WINDY SITTON, OR ATTEST: I &1�kj�j &WjL' KaytjDamell, City Secretary APPROVED AS TO CONTENT: 0 - Victor Kilma4 Purchasing Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager WdAk/Insituform Texark.RES.doc ccdocs/ August 4, 1998 S9 �D CITY OF LUBBOCK SPECIFICATIONS FOR REHABILITATION OF 30" AERIAL SEWER MAIN AT SOUTHEAST WATER RECLAMATION PLANT BID #98147 t 4 Y O (� 11 c CITY OF LUBBOCK Lubbock, Texas P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-2164 MAILED TO VENDOR: CLOSE DATE: ITB #98147, Addendum #1 Office of Purchasing ADDENDUM 0 ITB #98147 Rehabilitation of 30" Aerial Sewer Main at Southeast Water Reclamation Plant July 10, 1998 July 21, 1998 @ 3:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. On the GENERAL INSTRUCTIONS TO BIDDERS, Paragraph 9, GUARANTEES, please change the length of the guarantee period from ONE year to TWO years. 2. On the GENERAL CONDITIONS OF THE AGREEMENT, Paragraph 45, CORRECTION OF WORK, please change the length of period of responsibility for faulty material or workmanship from ONE (1) to TWO (2) years. 3. Section 02735-5, Paragraph 1.06, Bid Information, please furnish the required Information on a separate sheet attached to the Bid Form. 4. Section 02735-10, Paragraph 4.01.03, Standby Diversion Piping. Revise the fourth sentence to read: "The Contractor shall star and operate the system at least once daily." 5. Section 02735-11, Paragraph 4.01.05, Installation of Liner. In the subparagraph, Curing, add the following after the second sentence. "The Contractor shall contact Robert Robinson at 806-775-2604 to arrange for the meter installation and to receive the schedule of charges for water used." 6. Section 02735-13, Paragraph 5.01, Sample Testing. Delete "a" and insert the following: "a. 1 core of 2" diameter taken from each end of the pipe (field test)." 7. Section 02735-13, Paragraph 5.02, Field Test (Thickness). Insert the following after the first sentence: "Where it is not physically possible to use sewer line size Ductile Iron pipe, a steel plate at least 12 - inches square shall be attached to the pipe such that the liner will be bonded to the plate. Thickness cores shall be taken from the pipe extension or the plate. No sampling shall be allowed in the completed aerial sewer main." 98147ad 1.doc r CITY OF LUBBOCK INVITATION TO BID FOR TITLE: REHABILITATION OF 30" AERIAL SEWER MAIN AT SOUTHEAST WATER RECLAMATION PLANT ADDRESS: LUBBOCK, TEXAS BID NUMBER: 98147 PROJECT NUMBER: 9755.9242.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1. I" 2. 3. 4. t 5. 6. pm l: 7. 8. 9. 10. r 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 No Text r Flo f i, NOTICE TO BIDDERS rr BID #98147 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 3:00 o'clock p.m. on the 21st day of July, 1998, 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: a "REHABILITATION OF 30" AERIAL SEWER MAIN AT SOUTHEAST WATER RECLAMATION PLANT" ' 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 insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 13th day of August, 1998, 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 $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or su erior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre-bid conference on 9th day of July, at 10:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 767- 2281 at least 48 hours in advance of the meeting. CITY OF L.JUBBOC VICTOR KILMAN PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 162513th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)775-2167/Fax (806)775-2164. No Text r r�- E K, 4. 5. GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the REHABILITATION OF 30" AERIAL SEWER MAIN AT SOUTHEAST WATER RECLAMATION PLANT. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: LAURA RITCHIE BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806) 775-2164 TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 45 (FORTY FIVE) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by �^ the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may E direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 6. PAYMENT 7 All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the .» contract documents. I r. 7. 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. 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. 9. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 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 the year 2000 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. 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. 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. 10. 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. 2 l f 11. 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 i been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by !" the intended contract and all work in progress with bond amounts and percentage completed. t (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. F 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. 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the ,.. location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve 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. i 14. 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. 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from ! the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it _. shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. -- 16. 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. 17. 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) 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 coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, 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 contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations 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: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. i 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. 19. 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 f Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his ` classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 20. 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. 7 21. PREPARATION FOR BID L The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 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. 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: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 22. 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. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 23. 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 in regard to 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 City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. 31 Ili BID SUBMITTAL BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: Lubbock, Texas DATE: July 21, 1998 PROJECT NUMBER: #98147 - REHABILITATION OF 30" AERIAL SEWER MAIN AT SOUTHEAST WATER RECLAMATION PLANT Bid of Insituform Texark, Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a Rehabilitation Of 30" Sewer Main At Southeast Water Reclamation Plant. 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. BID ITEM #1: Clean existing 30" aerial sewer main, remove and dispose of all internal debris, complete in place: MATERIALS: SERVICES: i X t'1�%pU�sGE �1 A -A C'O/Db TOTAL BID ITEM #1:/ BID ITEM #2: 5 Each Point repair made to existing 30" aerial sewer main. MATERIALS:17_ vt,;._ ` a�, "?n k 1 Gt V- ($ i O 0 /EA) SFRV1nPQ A e- &4 TOTAL BID ITEM #2: �- VC i �� DQ U t tax S ($ 10-00 BID ITEM #3: MATERIALS:_ SERVICES: TOTAL BID ITEM 43: BID ITEM #4: MATER TOTAL BID ITEM #4: Standby diversion pumping, including all equipment, installation, operation, maintenance and removal. ©G Awl 520 L.F. Rehabilitation of existing 30" aerial sewer main by Cured -in -Place -Pipe (CIPP) method. /� / W L-LoAC EA To u r / keO �a �l� i; �, ($ I OLL g 6 f) /LF) to -eta". �—�D(L-I _nn 11 r TOTAL BASE BID (ITEMS #1 - 4): TOTAL BASE BID (ITEMS 1-4)iJ"U &tJ 1WIfly 40 tf lUr 9nd d Fi�1 ($ Huwb1'2d�/iooOybttat, s (Amount shall be shown in both words and numerals. In case 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 fully complete the project within 45 (FORTY FIVE) 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 $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the'General Instructions to Bidders. bidding. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, -to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of FIVE PERCENT OF AMOUNT BID Dollars ($ 5 %.,Amt . Bid ), 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 and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said 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. kr1111Cu ur ryNCu rvarne) Insituform Texark, Inc. Company 17988 Edison Avenue Address St. Louis County, Chesterfield, Missouri 63005 City, County Missouri j 63005 State Zip Code Telephone: 314-532-6137 Fax: 314 - 530-0751 (Seal if Bidder is a Corporation) A S Cret /Asst.Secretaty,Joann Smith Bidder acknowledges receipt of the following addenda: Addenda No. 1 Date 7/10/98 Addenda No. Date Addenda No. Date Addenda No. Date 41 3. 4. 5. 6. 7. 8. 9. 10. LIST OF SUBCONTRACTORS 4 Minority Owned Yes No CNA INSURANCE COMPANIES .., CNA Plaza, Chicago, Illinois 60685 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we .Insituform Texark, Inc. , Principal, and National Fire Insurance Company of Hartford , Surety, are held and firmly bound unto City of Lubbock, TX Obligee, in the sum of Five percent of the amount of the bid Dollars( 5% of amount bid ) , for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Bid #98147, Rehabilitation of 30" Aerial Sewer Main at Southeast Water Reclamation Plant" NOW, THEREFORE, if the said contract be awarded to Principal and Principal shalt, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specked in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed, and dated this 21st , day of July , 1998 . .Insituform TkArk. Inc. By:64-e� CC)- (seal) R bertW. Afthoider, sdent National Fire Insurance Com ' nv of Hartford By: vrJ! Li C. -Y [Z_ ' (Seal) Stbphen E. Ricci, Attomey-in-Fact Countersigned by ,;,,G t Douglas G. Hotchkiss, Hotchkiss Insurance Agency, Dallas, TX FG-23054-0 r i CNA For AU the CanunkmentsYau Make* State of Hissouri County of St. Louis ) Onbefore me. a Notary Public in and for said County and State. residing therein, duly commissioned and sworn, personally appeared Kathleen A. Petchulat known to me to be Attorney -in -Fact of National Fire Insurance Company of Hartford the corporation described in and that executed the within and foregoing Instrument. and known to me to be the person who executed the said Instru- ment nstrument in behalf of the said corporation. and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF. I have hereunto set ry hand and affixed my official seal, the day and year stated in this certificate above. Notarl Public - Notary Seat Stale of Missouri St. Louis County POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT r Know All Men By These Presents, That CONTINENTAL CASUALTY. COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Stephen E. Ricci, Thomas C. Ricci, Jr., Kathleen A. Petchulat, Kathleen M. Hoffan:l Individually 4 of St Louis, Missouri their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 1 Sth ' day of March 1998 WSfIR� �p"var9r O g SERI. ` naMZ °' CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA "000 Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 18th day of March , 1998 , before me personally carne Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority. given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. I Jo NOTARY POUC �k CA• My Commission Expires March 6, 2000 Mary Jo Abel Notary Public CERTIFICATE I, Mary A. RibikawskisMary A. Ribikawsskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said cerpo ons this � ( day of t,� CONTINENTAL CASUALTY COMPANY �"'' �{ca'T%• �'t'+c�, "' 0° NATIONAL FIRE INSURANCE COMPANY OF HARTFORD Ire AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA l � � •0 7�'�°�0�r° # SEAL <i JULof °' C `s past �` +�� • Mary r+. RibikawskisMary A Assistant Secretary �,.Ribikawskis (Rev.10/1/97) s Authorizing By -Laws and Resolufions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. r� "Article IX—Execution of Documents Section 3. Appointment of Attomey4n-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys4n-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attomey4n-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article Vt—Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attomey4n-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of Ike nature. Such aftomeys4n fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey4n-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. i "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attomeys4n-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -pm -Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." w, I Chemtron Technology & Engineering Chemtron International, Inc. 7060 Koll Center Parkway, Suite 316 Pleasanton, CA 94566 Ph: 925.426.1400, Fax: 925-426-8813 wwwchemtron.com Chemtron B-3003 Chemical Resistant Isophthalic Polyester Resin Properties B-3003 is a superior corrosion resistant isophthalic polyester resin designed to suit the special handling requirements of the cured -in-place process of pipeline rehabilitation. Wet -out of fibers has been enhanced with this product. The resin system exhibits excellent cure in aqueous environments. Typical Liquid Properties Solids Content (NVM).................. 59-62% Monomer ........................................ Styrene Acid Number .................................. < 22 Thixotropic Index .......................... 4-5 Brookfield Viscosity (RV): #4 Spindle @ 20 Rpm ................ 4,000 - 5,000 Cps #4 Spindle @ 2 Rpm .................. 16,000 - 25,000 Cps Weight Per Gallon ....................... 9.2 - 9.4 Pounds Stability at: 77°F (250C)* .............. z 24 Hours Gel Time @ 140°F* ...................... 18 - 25 Minutes *(Chemtron Gel, Catalyst: 1.0% Percadox 16 and 0.5% TBPB) Page 1 of 2 (B-3003) Fattire contents ®1997 Qcrntnon 1mernational. Inc. All rights rtsm ed; reproduction in whole or in part without permission is prohibited. We believe this information is reliable, but we do rotguatantee its aaauaq and assume no liability arising outof its use. The usershould thoroughly test any application prior toaonunetaalimon.Ourreoornmmdationsshouldnot beta=asinduoementstoinfringeany patentorviolmany law.safetycodeorinsunu=regulation. Chemtron International - Technology & Engineering - Book i Pa --,e: Pul.%vster - 2 Ire%ision 99-08. Dated: 1 April 98 r4-Chemtron Technology & Engineering Typical Physical Properties of Laboratory PET Felt Laminates r Flexural Strength (D790) 6617 psi [ Flexural Modulus (D790) 0.584 ( x 101 psi) Tensile Strength (D638) 5800 psi Tensile Modulus (D638) 0S17( x 101 psi) Tensile Elongation (D638) 1.5% Barcol Hardness (D934-1) Heat Distortion 52 98°C (D648) (208°F) I Typical Physical Properties of Laboratory Glass/PET Felt Laminates Flexural Strength (D790) Flexural Modulus (D790) Tensile Strength (D638) Tensile Modulus (D638) Tensile Elongation (D638) Barcol Hardness (D934-1) Heat Distortion (D648) 13,420 psi 0.982 ( x 106 psi) 4437 psi 0.463(x 106 psi) 2.05% 52 98°C (208°F) Page 2 of 2 (B-3003) Entire contents ®1997 Qtemtron International, Inc. All rights reserved; reproduction in whole or in pan without pLrmission is prohibited. We believe this information is reliable, but wedo not guarantee its accuracy and assume no liability arising out of its use. The user should thoroughly test any application prior tocommercialization. Ournecommendations should not be taken as inducements to infringe any patentor violate any law, safetycode or insuranoe regulation. t•tu•nrtron International • Ivehmohig% .\ I nuineerio-- Ro,,I, I I'.r_�. I'.d�.•�rr. ? 14, � i,i n '/71 -Illi, Dated: I l grit I^ Insituform Pic. Date: July 16, 1998 Customer Name: Project Reference: Worldwide Pipeline 702 Spirit 40 Park Drive Tel: (314) 530-8000 Rehabilitation Chesterfield, MO 63005 Fax: (314) 519-8010 www.insituform.com CERTIFICATE OF COMPLIANCE Insituform Texark, Inc. Rehabilitation of 30" Aerial Sewer Main at Southeast Water Reclamation Plant. Lubbock, TX Standard Chemtron B3003 is a resin that has been approved by Insituform Technologies, C Inc. for use in Insituform projects. Standard Chemtron B3003 resin has a successful history in both lab conditions and actual field installations and meets the chemical resistance recommendations of ASTM F1216-93. We recommend the following physical properties for Insituform design when using the Standard Chemtron B3003 polyester resin system: Flexural Modulus of Elasticity...... .............................. 250,000 psi Flexural Strength ......................................................4,500 psi Tensile Strength .......................................................2,500 psi* Flexural Modulus Reduction to Account For Long-term Effects...........................................50% * As stated in ASTM F 1216-93, tensile strength is not a parameter that is used in standard gravity flow design. The above values were derived from samples tested in accordance with modified ASTM D-790 and D-638 when used and installed in accordance with procedures recommended by Insituform Technologies, Inc. INSITUFORM TEXARK, INC. Eu ne Zaltsma sect Engineer STATE OF MISSOURI ST. LOUIS COUNTY St. Louis County My Commission Expires: Jan. 19, 2002 Notary My commission expires: INSITUFORM TEXARK, INC. Eu ne Zaltsma sect Engineer BRIDGET E. JONES Notary Public — Notary Seat STATE OF MISSOURI St. Louis County My Commission Expires: Jan. 19, 2002 INSITUFORM TEXARK, INC. Eu ne Zaltsma sect Engineer I Chemtron' Technology & Engineering Chemtron B-3003 IsophthaIic Polyester Resin: Infrared Spectrum .mu.Q10sgy Chenttron h►ternmional • ft•chnulu,'} .\ F:n�inrcrin� - MIA I I v%kion 9X -11S. 11ated: I \pril 9K Pace: Poliester - 39 Insituform- Date: Customer Name: Project Reference: An Insituform 17988 Edison Ave. Tel: (314) 532-6137 Technologies` Company Chesterfield, MO 63005-3700 Fax: (314) 530-0751 www.insituform.com July 17, 1998 City of Lubbock, Texas Rehabilitation of 30" Aerial Sewer Main at Southeast Water Reclamation Plant, Lubbock, TX. The following items are included: A. Type of resin to be used — Isophthalic Polyester Resin from Chemtron B3003 B. Initial (design) modulus of elasticity — 250,OOOpsi C. Initial (design) flexural strength — 4,500psi D. Chemtron B3003 is a pure resin (non-enhanced) " E. Experience records attached Note: "Resin Enhancer MAnufacturers Data" and `Bond Enhancer Manufacturers Data" not applicable for this project because of ` using of Pure resin i.w wa 40 o O � o r'" U za =a c P . XX F z V Q a Z J Ix Ox U i Z K O aZ D N It ° 0 � z a m m a Ir Ir co NZNW rn zVXO�a LL<Wog F- ZZ C2V�K �� Wo LLz 60L) m mW}Zz uOil O a p Q m- p� �wimy Q V)� W W�KWa WO Oo m0.. 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LL ll J J .J J J J -i J J J J J J .J .J J J J J J ..1 J J .J J J J J J J J .J J J .% .J J J J N N O N fV N N � n i I Z i z n O °i O °' GoO LLS O O Q W Hmo LLI Fes- W �p H Z p H p j K K X W W U U U U F Up r O UW O y O p to 5 �.a } { V aQ m < O- a < O U � N r r ho ho zN -� Z �Z z U N z O" o f O fnz co N O a Q > N '' h > p Q, n Z O OC -, N z m No U i w On LL w O� -10 t- 0t- u zt� is - o N a0 O O O pp 00 f'I fA r r r r H f P-:. F R l PAYMENT BOND k ,r 1 t y t BOND "'HECK fj BEST RATING LICIr.W�ED IN w�l rE 8Y r STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253,021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) Bond #158490530 KNOW ALL MEN BY THESE PRESENTS, that _1 situform Texnrk. Inc. (hereinafter called the Principal(s), as F— Principal(s). and National Fire Insurance Company of Hartford (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the �— Obligee), in the amount of One hundred thirty-four thousand five hundred Dollars ($134.500.00 ,) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 19 , tO#98147 - Rehabilitation of 30" Aerial Sewer Main at Southeast Water Reclamation Plant F— F— and said Principal under the law is required before commencing the work provided for ir, 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; w 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. r IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 1998 . National Fire Insurance CoMpany of Hartford Suret r tt^ 'By. (Tltle)Thomas C. icci, Jr. Attorney-in-fact r- ny: (Title) By: (Title) F.. A F_ Theundersigned surety company represents that it is duly qualified to do business In Texas, and hereby designates Derrvl Card * 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 arlsmg out of such suretyship. *Derryl Card, CNA Surety Company, 600 N. Pearl, Dallas, TX 73201 1-214-220-1600 Countersigned by:n...__ .. r k_ , - Douglas G. Hotchkiss, Dallas, TX Approved as to form City of Lubbock .� By: - L�e��.� 16— /br-s_ City Attorney 7{~ L; F__ r National Fire Ingurance C invany of a rd Suret 'B . (Title) Thomas C. Ricci, Jr. Attorne -in-fact ` 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 r State of Missouri ) r County of St. Louis ) ss: On before me, a Notary Public In and for said County and State, residing therein, duly commissioned and sworn, personally appeared Thomas C. Ricci, Jr. known to me to be Attorney -in -Fact of National Fire Insurance Company of Hartford the corporation described in and that executed the within and foregoing Instrument, end known to me to be the person who executed the said Instru- ment in behalf of the said corporation, and he duly acknowledged to me that �^ such corporation executed the same. IN VITNESS WHEREOF. I have hereunto set my hand and affixed my official &eel, the day and year stated in this certificate above. H. A M! R JR. Notary Public -Notary Seal Notary Public State of Missouri St. Louis County My Commission Expires Nov 7, 2001 COMMERCE AND INDUSTRY INSURANCE COMPANY 70 PINE STREET NEW YORK, NEW YORK 10270 TEXAS NOTICE IMPORTANT NOTICE r I To obtain information or make a complaint: FyOu may call Commerce and Industry Insurance Company's toll-free telephone F,-Iumber for information or to make a complaint t: F 1-800-553-6938 you may contact the Texas Department of nsurance to obtain information on companies, coverages, rights or complaints E 1-800-252-3439 Flou may write the Texas Department of Insurance 7O. Box 149104 ustin, TX 78714-9104 Fax # (512) 475-1771 FREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your Femium or about a claim you should contact j'le agent first. If the dispute is not resolved, �ou may contact the Texas Department of surance. 6, .r17ACH THIS NOTICE TO YOUR POLICY: lis notice is for information only and does got become a part or condition of the attached �Ocument. T3587 (5/92) AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Commerce and Industry Insurance Company's para informacion o para someter una queja al: 1-800-553-6938 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas , P.O. Box 149104 Austin, TX 78714-9104 Fax # (512) 475-1771 DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies*), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Stephen E. Ricci, Thomas C. Ricci, Jr., Kathleen A Petchulat, Kathleen M Hoffard Individually of St. Louis, Missouri their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature ' - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 15th day of July 1 1998 '�pAs WSUR CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD roavoa �, m'� AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ` SEAL NL 1 1. PO (/. �j• 1697 : 111iR�'r + • Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 1511h day of July , 1998 , before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. _ My Commission Expires March 6, 2000 CERTIFICATE Mary Jo Abel Notary Public I, Mary A Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this day of �r •a O0 SEAL 1697 F(Rev.10/1/97) tONTW ENTAL CASUALTY COMPANY `b9TlD- -FIRE INSURANCE COMPANY OF HARTFORD .- AMERICANEASUALTY COMPANY OF READING, PENNSYLVANIA 1� 1, Mary A. Ribikawskis Assistant Secretary y y Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution. of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be _ affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and _ binding on the Company." - ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attomey-iniad The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-infact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article Vi of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company.' "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attomeys4n-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in -Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held. on 1fie 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive;Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." No Text Bond #158490530 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) + lnsituform Tezark, Inc. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principai(s), and National Fire Insurance Comoanv of Hartford (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount Of One hundred thirty-four thousand five hundred Dollars ($134.500.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves. and their heirs. administrators, .. executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principawis entered into a certain written contract with the Obligee, dated the _bday of `^ , 19 to " Aerial Stwe-r-Main at Southeast Water Reclamation Plant 0 1 r 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 d 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 remaln in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(x) 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 TNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 13 day of National Fire Insurance!Company of Hartford lusitufor k. In". Surel Princip B Y. ey (Tale) Thomas C. cct, Jr. Attorney -In -fact ( iVe) Robert W. AWPident 43y: (Title) (Title) F- I F�- The undersigned surety company represents that it is duty qualified to do business in Texas, and hereby designates Derry[ Card • 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. *Derry Card, CNA Surety Company, 600 N. Peart, Dallas, TX 752011-214-2204600 National Firelnsurance Company of Hartford Countersigned by: peu.. 6 4X Surety Douglas G. Hotchkiss, Dallas, TX � C� (Title) Thomas C. RI ci, Jr. Approved as to Form Attorney -In -fact City of Lubbock By: yMMK. `iCt— /W—� City Attorney Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by -laws -showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 0 F- 2 r COMMERCE AND INDUSTRY INSURANCE COMPANY I '70 PINE STREET NEW YORK, NEW YORK 10270 7 TEXAS NOTICE .• I IMPORTANT NOTICE 7 To obtain information or make a complaint: You may call Commerce and Industry Insurance Company's toll-free telephone number for information or to make a complaint at: l 1-800-553-6938 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints 7 at: ` 1-800-252-3439 FyOu may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 Fax # (512) 475-1771 FPREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your remium or about a claim you should contact he agent first. If the dispute is not resolved, You may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: 7" his notice is for information only and does lot become a part or condition of the attached (,document. d i j `63587 (5192) 0 AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Commerce and Industry Insurance Company's para informacion o para someter una queja al: 1-800-553-6938 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 Fax # (512) 475-1771 DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este eviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. u V4 b N O w HtixWa. p 41 co �n x ., 4-4 A N 094 V H C t0 S a W H u L3 O 40 A N 0 k C-) c �, a s o z 04 1 v V Co u MU a m .o o v x e .+ 4, a .r..,x +, 64 ~ Q • d 4 A O 14 A 'a 4, W O W .y O O ccp 10A t~ �.. 4, .tC u 0 ,, A O 4, e4 V y'it •p •O CZ u Cou w 2 X 'HOa H O 0. • O N � ►A+U O ro.C.Oy w N LV V 0 u u .... .. N k A O LL w A +1 w N H R �+ O 41 1�4 ~ �+ ic w k 4) aAi 1.4 ►+ a ;; N ? N ? 0. d ►, �,uF " tiro /+ N O N X • C, O•p X 0 12 A X Q VN3 N Q w p a w tiQj A ~ N .Q r, W� h X:4Ni •, C W 0*4 �y O 4, AA Hd F. • u 4, p 17 O O v •p a 61 Iv (� �+ O W % O .+ ,O a R A f u M � H V Q p � • h Ori ►�, w m c ry a u V4 N bi HtixWa. p NNCL V �n r POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies% are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Stephen E. Ricci, Thomas C. Ricci, Jr., Kathleen A. Petchulat, Kathleen M. Hoffard, Individually of St. Louis, Missouri their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 15th day of July 1 1998 �, y 1 Miwq ..avpM 04 )nY 3i, SEAL gs < clot 1s97 NAH�' • State of Illinois, County of Cook, ss: CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Marvin J. Cashion Group Vice President On this 15th day of July , 1998 , before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. jo NOTARY �+POUC etc uo•� My Commission Expires March 6, 2000 Mary Jo Abel Notary Public CERTIFICATE 1, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in. force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this day of CONTINENTAL CASUALTY COMPANY �'ttc� d"r�4� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD r, 5# -CO � AMERICAN. CASUALTY COMPANY OF READING, PENNSYLVANIA v SEAL AXY 11 € 1197 �'T" • (Rev.10/1/97) Mary A. Ribikawskis Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution. of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attomey-in-Fact Section 2. Appointment of Attomey-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such atbomeys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive,. Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company.' "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in -Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held'on the r17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." I ' TO: JUL 17 '98 10:06AM INSITUFORM CERTIFICATE OF INSURANCE This Certificate voids & supercedes certificate issued on 8/14/98. CITY OF LUBBOCK P.O. BOX 2000 LU1=I30CK1 TX 79457 TYPE OF PROJECT: Bid #98147 T, Rehab. of 30" Aerial Sewer Main Insituform Texark, Inc. Southeast Water Reclam. Plant THIS IS TO CERTIFY THAT 17988 Edison Ave., Chesterfield, MO 6300Name and Address of Insured) is, at ,,,e date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the `yaed of insurance and in accordance with the provisions of the standard policies used by this company, the further Hereinafter described. Exceptions to standard policy noted hereon. r P.3 DATE: August 20, 1998 TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE C-ENERAL LIABILITY X Commercial General Liability RG2-641— 7/1/98 7/1/99 General Aggregate 3 2,000,000 Claims Made X occurrence 004218-038 Producte-Comp/OpAGG S Owner's &Contractors Protectiv, Personal Adv. injury $ Each Occurrence s_ 1, , Fire Damage (Any one Fire) 100,050 Med Exp (Any one Person) 10,000 A TOMOTIVE LIABILITY X Any Auto All Owned Autos AS2-641- 7/1/98 7/1/99 Combined Single Limit $ 1,000,000 Scheduled Autos 004218-028 Bodily Injury (Per Person) $ Sodily Injury (Per Accident) S Hired Autos Non -Owned Autos Property Domage s GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident S Aggregate $ swLD1;RISRISK 100% of the Total Contract PaceOccurrence MS2—R4L— 7/1/98 7/1/99 $ 2 000 000 INSTALLATION FLOATER 004218-058 Transit $`' , , uou EXCESS LIABILITY Umbrella Form Each Occurrence S Other Than Umbrella Form Aggregate $ $ WORKERS COMPENSATION AND e�1PL0Y,ERS'L1AS&iTY The Proprietor/ Included WC7-641- 7/1/98 7/1/99 Pa-tners/Executive F f 004218-018 Statutory Limits Each Accident $ 11000,000 CIcers are; disease Policy Limit S Disease -Each Employee $_ 11UUU1UUU OTtiER Additional Insured: Ci y of Lubbock. Waiver of Subrogatio included on all of the above nn`14n4u� I e above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or . canceled by the insurer in less than the legal time required ager the Insured has received written notice of such chan e o cancellation, or in case there is no legal requirement, In less than five days in advance of cancellation. 9 r FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK r Liberty Mutual Grou amensurer By: .0 Title: Service Representative CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. r t Agent (Signature) Agent (Print) Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone Number: ( ) t Date: r r CONTRACTOR'S NAME: (Print or Type ) CONTRACTOR'S ADDRESS: NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to reject this bid/proposal 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)775-2166. BID #98147 - REHABILITATION OF 30" AERIAL SEWER MAIN AT SOUTHEAST WATER RECLAMATION PLANT 2 i 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: 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 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 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._ r 4 C No Text two I CONTRACT STATE OF TEXAS I f COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 131' day of August, 1998 by and between the City of Lubbock, .• County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Insituform Texark. Inc. of the City of Chesterfield, County of St. Louis and the State of Missouri hereinafter termed CONTRACTOR. rWITNESSETH: 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 r ` described as follows: 1 BID # 98147 - REHABILITATION OF 30" AERIAL SEWER MAIN AT SOUTHEAST WATER RECLAMATION PLANT - $134,500.00 ( Total Base Bid Items 1-4 ) 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 y 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 F 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. A T: lug Secret ty APPROVED AS TO CONTENT: QVVRers fkepresentative •. APPROVED AS TO FORM: City Attorney i ATTEST,-- corporate TTEST--Co orate Secretary J ann�'Smith Assistant Secretary ClB CK, T S S(OWNER) By: NTED NAME: Robert W. Affholder TITLE: President COMPLETE ADDRESS: Insituform Texark, Inc. 17988 Edison Ave. Chesterfield, Missouri 63005 No Text r FGENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Insituform Texark. Inc. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative TERRY ELLERBROOK, DIRECTOR OF WATER UTILITIES, 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. r 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by' or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. a g. 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. g. 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. 2 W 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 insure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work r which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the ^" execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) 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. l 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 a 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 w Representative and Contractor. l� i; 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 WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 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 which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any 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. 4 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. PW 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. 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. w 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 f 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 5 l 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 prior to the commencement 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 prior to 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. 6 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, 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. ( 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, 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 contractors responsibility to provide to the owner all proof of coverage Insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $600,000 Combined Single Limit in the aggregate and per occurrence to include: r" Premises and Operations G. Explosion & Collapse Hazard i~ 7 Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $500,000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property. Damage, $500,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 0.0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance 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. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section _406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has 8 L- • 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 p., delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; r 9 (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 Contractor is representing to the governmental entity that all employees of the Contractor who will 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. 10 4 70 (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (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 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing 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; 12 i~ 7 c. 29 30. 31 (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. 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. 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. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is'allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 13 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 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 500.00 (FIVE HUNDRED 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. 14 r F 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall ! be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution 4 shall be such that the work shall be substantially completed as a whole and in part, in accordance with this E 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 1 construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE t The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this r^ project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and j 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 C No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing a 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. r 15 s: 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by 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. 16 I 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed; the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner, Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46, PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the C" amount withheld, payment shall be made for amounts withheld because of them. i R: 7 17 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 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 18 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 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 which remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 19 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 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. 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. 20 No Text IN Resolution No. 5121 March 14, 1996 Item 4119 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and i WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8, 1987; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: r BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: i THAT the general prevailing rate of per diem wages for public works contracts shall he as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: i Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 14th ATTEST: � e -, L, �J Betty M. Anson, City Secretary APPROVED AS TO CONTENT: - I-w6w a4e� Wary AndrYws, Managing Director of Human Resources !APPROVED AS TO FORM: a old Willard, Assistant City Attorney H W : dalccdocs/puba,orks. res February 14, 1996 rch , 1996. YOR 7 r City of Lubbock Building Construction Trades Prevailing Rates Cmft Hourly Rate Acoustical Ceiling Installer 10.00 Air Conditioner Installer 11.00 Air Conditioner Installer -Helper 5.50 Asbestos Worker 8.04 Asbestos Supervisor 11.00 Bricklayer 11.00 Bricklayer -Helper 6.00 Carpenter 11.00 Carpenter -Helper 6.00 Cement Finisher 7.50 Drywall Hanger 10.00 Electrician 13.00 Electrician -Helper 6.00 Equipment Operator -Heavy 8.50 Equipment Operator -Light 7.50 Floor Installer 8.50 Glazier 8.00 Insulator-Piping/Boiler 9.00 Insulator -Helper 5.50 Iron Worker 8.00 Laborer -General 5.50 Mortar Mixer 5.50 Painter 9.50 Plumber 10.50 Plumber -Helper 6.40 Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder -Certified 10.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 Nagger 5.50 Form Setter 6.50 Form Setter -Helper 5.50 Laborer -General 5.50 Laborer -Utility 6.25 Mechanic 7.25 Mechanic -Helper 5.50 Power Equipment Operators Asphalt Paving Machine 7,00 Bulldozer 7.00 Concrete Paving Machine 7.00 Front End Loader 6.50 Heavy Equipment Operator 7.00 Light Equipment Operator 6.50 Motor Grader Operator 8.50 Roller 6.00 Simper 6.50 Tractor 6.50 Truck Driver -Light 6.00 Truck Driver -Heavy 6.50 4 : I I fuel Prevailing Wage Rates Overtime Rate The rate for overtime ('in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT D Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 tunes base rate. I C CITY OF LUBBOCK r WATER UTILITIES ENGINEERING r �^ l REHABILITATION OF 30" AERIAL SEWER MAIN l TECHNICAL SPECIFICATIONS AND DRAWINGS t. f' SECTION 02735 CURED -IN-PLACE SEWER LINE REHABILITATION 1.00 GENERAL DESCRIPTION 1.01 Experience Record of Contractors 1.02 Reference Standards 1.03 Housekeeping 1.04 Stand by Diversion Pumping 1.05 Submittals 1.06 Bid Information 1.07 Conferences 1.08 Construction Time Limits 2.00 MATERIALS 2.01 Resins 2.01.01 Acceptable Resin Types 2.01.02 Resin Definitions and Physical Characteristics 2.01.03 Resin Enhancers 2.01.04 Bond Enhancers 2.01.05 Other Additives 2.02 Carrier Tube 2.02.01 Acceptable Materials 2.02.02 Physical Properties 3.00 DESIGN PARAMETERS 3.01.01 Design Parameters 3.01.02 Liner Thickness 4.00 INSTALLATION 4.01.01 General Requirements 4.01.02 Cleaning 4.01.03 Standby Diversion Pumping 4.01.04 Pre -Installation 4.01.05 Installation of Liner 5.00 TESTING REQUIREMENTS 5.01 Sample Testing 5.02 Field Test (Thickness) 5.03 Laboratory Testing (Resin and Physical Properties) 5.04 Long Term Testing (Live Exposure) 1.00 GENERAL DESCRIPTION This Specification: 1. Sets acceptable material and experience parameters and defines minimum performance requirements for the finished, installed product. 2. Details testing requirements for the finished, installed product ("upon completion" tests and "two year warranty" tests). The method of rehabilitation shall be Cured -in -Place Pipe (CIPP) as described herein for the line (or lines) listed in the Notice to Bidders. This method includes cleaning and video -inspection of the designated line, installation of a resin -impregnated tube into the existing pipe, followed by heat curing as specified by the resin manufacturer, and clean- up. Before final acceptance, a post -rehabilitation video -inspection must be conducted and approved. Rehabilitation must be completed full-length from manhole to manhole, resulting in a sound, tight -fitting watertight CIPP with a smooth interior. Though it may be a licensed process, the Contractor or the franchisee shall not change any material, design values or procedural matters stated or approved herein, without the Owner's prior knowledge and written approval. Specifically, work in this contract consists of cleaning and lining a 30 inch diameter, welded steel, aerial sewer line at the Southeast Water Reclamation Plant. 1.01 Experience Record of Contractors The Contractor shall have successfully managed and completed CIPP rehabilitation projects on lines ranging in size between two pipe sizes smaller than the smallest line on the project to two pipe sizes larger than the largest line on the project in the United States within the last five years previous to bid date. The Superintendent -in -Charge of the installation shall have a minimum of five years experience prior to bid date overseeing the installation of C.I.P.P. sewer lines in the United States. Jointly, the Contractor and the Supervisor -in -Charge shall have successfully installed 100,000 lineal feet of sewer liner in the United States prior to bid date. Should the Superintendent -in - Charge be replaced during the contract for any reason, the new Superintendent -in - Charge shall have experience equal to or greater than the original Superintendent -in - Charge. Experience records shall be submitted. Contractors using Sub -Contractors shall submit information about the Sub -Contractor including, but not limited to, name of Sub - Contractor, experience record and jobs which General and Sub -Contractor have worked on jointly. 02735-2 1.02 Reference Standards Existing standards referenced and where necessary modified herein as required. ASTM C581 - Standard Practice for Determining Chemical Resistance of thermosetting resins used in glass fiber reinforced structures, intended for liquid service. ASTM D543 - Test Method for resistance of plastics to chemical reagents. ASTM D790 - Test Method(s) for flexural properties of unreinforced and reinforced plastics and electrical insulating materials. ASTM D3681 - Test method for chemical resistance of reinforced thermosetting resin pipe in a deflected condition. ASTM F 1216 (including Appendix XI) - Standard practice for rehabilitation of existing pipelines and conduits by the inversion and curing of a resin -impregnated tube. ASTM F1743-96 - Rehabilitation of existing pipelines and conduits by pulled -in-place installation of cured -in-place thermo-setting resin pipe (CIDP). ATM D3567 - Standard practice for determining dimensions of reinforced thermosetting resin pipe (RTRP) and fittings. 1.03 Housekeeping Containment of sewage and site cleanliness is the responsibility of the Contractor. Fines levied by State and Federal agencies in the event of a spill or unapproved discharge due to Contractor's negligence shall be paid by the Contractor. 1.04 Standby Diversion Pumping Contractor shall provide standby diversion pumping capacity of 8 MGD average in case of lift station failure. Provided equipment shall include pumping unit(s), independent power unit, controls, piping and all appurtenances necessary. 1.05 Submittals The Contractor shall submit to Owner the information below prior to or at time indicated. Failure to do so will prevent progression of the work to the next step. 02735-3 Submittal Item Time of Submittal Manufacturers Resin Data Test Results ..................... With Bid Documents Resin Enhancer Manufacturers Data.... ..................... With Bid Documents Bond Enhancer Manufacturers Data ......................... With Bid Documents Certification of Applicability of Resin ...................... With Bid Documents Experience Record of Contractor .............................. With Bid Documents List of Sub -Contractors with Experience .................. With Bid Documents Standby Diversion Pumping Plan .............................. At Pre -Construction Conference *Pre -Installation Video Inspection Tape ................... Before Wet -Out of Tube Installation and Resin Curing Schedule .................... Before Wet -Out of Tube Curing Temperature/Time Log Sheets ...................... After completion of each section Copies of Quality Control Tests .........:...................... After completion of each section CIPP Repair Methods (if required) ............................ At Pre -Construction Conference Point Repair/Sag Repair Methods (if required)................................................................ At Pre -Construction Conference *Post -rehabilitation Video Inspection Tape.............. Before final of project *If Pre and Post Inspections are combined onto one video tape, submit copy after completion of each section lined. Samples Samples removed for testing will be individually labeled and logged to record the following: • Owner's project number and title • sample number • section number of line as noted on plans • date and time of sample • date, location, and by whom tested • results of the test Updated copies of the log shall be submitted to the Owner after each section is completed. 02735-4 r Report Format and Labeling Reports shall be submitted on 8-1/2" x 11" paper. Larger drawings shall be folded to this format. Submittals shall be stamped by Contractor to indicate Contractor, date of submittal, Owner's project title and number, applicable section of specifications to be referenced, and signature of preparer. Video tapes shall be submitted in a plastic protective box, labeled to indicate Owner's project number and name, date of video inspection, section of line, Contractor's name, and whether preinstallation or final inspection video tape (or both). 1.06 Bid Information This project is bid on a "price per lineal foot" basis for material and labor costs. The distance stated on the bid is the Owner's best estimate and shall be checked by the Contractor. The Owner will verify Contractor's measurements and payment will be based on the Bid cost per lineal foot based on the Owner verified distance. Contractor shall list the following additional information on the Bid Form in spaces provided: a. Type of resin to be used. b. Initial (design) modulus of elasticity used on this project. C. Initial (design) flexural strength used on this project (4,500 psi minimum). d. Pure or enhanced resin. e. Experience records. Notice: Failure to do so shall render the bid non-responsive and it will not be considered. 1.07 Conferences a. Pre -Bid Conference - Prior to the bid, a pre-bid conference will be held at the time and place indicated on the Bid invitation. At this time, pre-bid questions, t.. concerns, and problems will be addressed. b. Pre -construction Conference - After award of the contract and all insurance requirements have been met, a pre -construction conference will be held. Owner, Contractor, any Subcontractors and any involved parties will attend. Minutes will be taken and distributed to all attendees. The Notice to Proceed letter will k. be delivered to the Contractor at this meeting. I: 02735-5 1.08 Construction Time Limits It is the intent of this contract that work proceed in the most expeditious manner possible. Construction shall start within ten (10) days from the Notice to Proceed and shall be completed within forty-five (45) calendar days. 2.00 MATERIALS The materials defined below have been deemed acceptable for use in C.I.P.P. projects by the Owner. Materials or processes not named here will not be considered on this project. 2.01 Resins 2.01.01 Acceptable Resin Types: a. polyester b. vinylester 2.01.02 Resin Definitions and Physical Characteristics The liquid thermosetting resin used in this rehabilitation project shall produce a properly cured tube which will be resistant to abrasion caused by solids, grit, and/or sand. The cured tube shall also be resistant to corrosion due to acids and gases such as sulfuric acid, carbonic acid, hydrogen sulfide, methane, and carbon monoxide. The resin selected shall have proven resistance to municipal sewage. The resin system to be used shall be manufactured by an approved company selected by the Cured -In -Place process manufacturer. Only corrosion resistant polyester and vinylester resins complying with the following definitions shall be used: Polyester Resin A resin created by reaction products between isophythalic/terathalic acid, maleic anhydride and a glycol characterized by reactive unsaturation located along the molecular chain. This resin is compounded with a reactive styrene monomer and reacted together with initiators/promoters to produce crosslinked copylmer matrices. Polyester resins may contain only branched glycols; for example, but not limited to, propylene glycol and neopentyle gylcol. No PET/Isophthalic polyester is allowed. Polyesters may be either all isophthalic acid or all teraphthalic acid, but not combinations or both. 02735-6 7 Vinylester Resin A resin created by reaction products of epoxy resins with methacrylic acid and characterized by reactive unsaturation located in terminal position of the molecular chain. This resin is compounded with a reactive styrene monomer and reacted together with initiators/promoters to produce crosslinked coplymer matrices. Physical Characteristics The chemical corrosion resistance of the actual resin system used by the Contractor shall be tested by the resin manufacturer in accordance with ASTM F1216, D-543 or C-581 as applicable. Exposure to the chemical solutions listed below shall result in a loss of not more than twenty percent (20%) of the initial physical properties when tested in accordance with ASTM C-581-87, for a period of not less than one (1) year. Chemical Solution Concentration, % Tap Water (pH 6-9) 1.00 Nitric Acid 5 Phosphoric Acid 10 Sulfuric Acid 10 Gasoline 1.00 Vegetable Oil 100 Detergent 0,1 Soap 0.1 Relevant information from the Contractor, resin manufacturer, or process licensee shall include, but may not be limited to, the following: specifications, characteristics and properties, ASTM C-581 test results, and methods of application. This data shall be submitted to the Owner prior to rehabilitation of the sanitary sewer. The Contractor shall also submit with the data a written certification from the resin manufacturer that the resin material to be used is compatible with the proposed application. Said certification shall also address curing temperature and curing schedule (i.e., duration of the temperature at all stages of curing). The Contractor is hereby notified that his field installation practices will be checked against the aforementioned certification (See Section 5.0/Testing). No variance shall be allowed without prior written approval of the Owner. Bidder shall submit an infared spectrography chemical fingerprint of resin to be used with the bid document. Laminate design modulus for the system used on this project shall be between 250,00 PSI (minimum) and 800,000 PSI (maximum). Laminate modulus shall be tested with all " 02735-7 additives/enhancers to be used on this project included. A minimum flexural strength of 4,500 psi is required for this project. 2.01.03 Resin Enhancers Resin enhancers are allowed and may be used by the Contractor as provided by this specification. Contractor shall submit data on the enhancer used on this project. The maximum amount of enhancer allowed is 30 pounds enhancer per 100 pounds resin (30%). Contractor or resin blender shall submit data verifying this and certify the 30% limit has not been exceeded. Contractor shall submit data on the resin enhancer used including size range (in microns), amount used in the formulated resin, bond enhancing coating material used, and certification from resin manufacturer or formulator that bond enhancer used is compatible with the resin system used. Submit with bid documents certification from enhancer manufacturer that the material is suitable for use in aqueous environments. Enhancer material must be made in a "batch method" procedure and attested to by the manufacturer. 2.01.04 Bond Enhancers Contractors using resin enhancers (i.e. aluminum trihydride) or fiberglass reinforced felt shall utilize a suitable bond enhancing compound (i.e. Silane or equal) to increase the bond between resins and other materials. Contractor shall submit certification from bond enhancer manufacturer that the material is suitable for use in aqueous environments. 2.01.05 Other Additives Additives required for viscosity control, fire retardance, physical or chemical resistance, or pot life extension may be used provided they do not interfere with visual inspection of the finished, installed product. 2.02 Carrier Tube 2.02.01 Acceptable Materials For work performed under this specification, the following carrier tube materials may be used: a. Non -woven polyester felt. b. Non -woven fiberglass filament reinforced polyester felt. 02735-8 i Fiberglass materials must be direct sized to enhance the fiberglass/resin bond. Certification of this coating and its compatibility with the resin system used is required. An "inner liner" or "outer liner" film used for resin control which will remain a permanent part of the system may be used provided the liner film is made an integral part of the carrier tube by bonding or fusing to the carrier tube. 2.02.02 Physical Properties The carrier tube shall be sized to produce a snug -fitting pipe of specified thickness when fully cured in place. The carrier tube shall be of sufficient strength to withstand installation and curing forces. 3.00 DESIGN PARAMETERS 3.01.01 Design Parameters The design parameters are listed below: .. Parameter 1. Pipe Condition Partially deteriorated 2. Soil Type None 3. Design Thickness "Felt" tube formulas 4. Ovality of Pipe 2% of circumference 5. Soil load None 6. Traffic Loads None 7. Modulus of soil None 8. Long term flexural 50% of initial strength (ASTM D-790) 9. Long term flexural 50% of initial 10. modulus of elasticity Maximum deflection (ASTM C-790) (vertical axis) 5% 11. 12. Minimum safety factor Resin Migration 2.0 Allowance 5% 3.01.02 Liner Thickness Liner thickness for the work specified shall be calculated by the Contractor using Section 3.01.01/Design Parameters, and information on the attached site drawings. r 02735-9 i Completed, installed liner must be equal to or thicker than the thickness calculated by 3.01.01/Design Parameters. Design parameters shall not be devalued in the event of an under -thickness liner. In no case shall the completed liner thickness be less than 0.30 inches. 4.00 INSTALLATION Installation of the wetted -out carrier tube may be by inversion or insertion as preferred by the Contractor. All equipment, labor, and materials required to complete the work must be ready on-site before installation begins. 4.01.01 General Requirements Work performed under this specification shall be done in accordance with City, State, and Federal standards. Traffic control and safety are the responsibility of the Contractor. Twenty-four hour notice to the Owner by the Contractor is required before: a. inspection/cleaning (each section) b. "wet out" of carrier tube (each section) C. insertion/inversion of liner into host pipe (each section) 4.01.02 Cleaning It shall be the responsibility of the Contractor to clean and remove all internal debris from the sewer line with any of the available technologies. The Contractor shall collect and haul material removed from the pipe to the sludge drying beds at the Southeast Water Reclamation Plant. The Contractor shall be responsible for repairing any damage to the sewer line that results from the use of the cleaning equipment. 4.01.03 Standby Diversion Pumping The standby diversion pumping system capacity shall be sized to meet all potential flows (no overflows). The system shall be kept in service for each section until that section is completed and ready to return to service. The Contractor is responsible for installation, operation, and maintenance of the system. The Contractor shall train plant personnel in the operation of the system, and shall start and operate the system at least once daily. Manpower, fuel, and necessary utilities required by the system shall be provided by the Contractor. All costs of standby diversion pumping are shall be paid for separately. 4.01.04 Pre -Installation Prior to installation of the liner, the following activities are required. 02735-10 a. Receipt and approval of pre -installation submittals. b. Verification of line condition and any obstructions by video inspection. y C. Cleaning of line (recorded on video tape). d. If line was returned to service temporarily before lining, recleaning of the line is r" required. e. Any and all point repairs must be completed and then approved by Owner before the liner is installed. Point repairs, if required, will be paid for separately for each repair made. Procedures for point repairs shall have been submitted, reviewed, and approved before beginning work. 4.01.05 Installation of Liner Installation Unless the Contractor uses the 'over -the -hole" wet out method, the resin impregnated tube shall be transported and kept in a refrigerated truck until it is installed in an existing line by using an application of water, air, or cable and winch properly placing the tube between the upstream and downstream manholes. Using the "Inversion Procedure", the tube end shall initially be turned inside out and attached to a platform ring, standpipe, or as approved. The addition of water, air, or steam pressure will be adjusted to sufficient height/pressure to cause the impregnated tube to invert from manhole to manhole, and hold the tube tight against the existing pipe wall. Using the "Insertion Procedure", the tube shall be winched into position according to manufacture's recommendations. The addition of water, air, or steam pressure will be adjusted to sufficient height/pressure to cause the calibration hose to invert from manhole to manhole and hold the tube tight against the existing pipe wall. Curing - After the installation of the liner is completed, the Contractor shall use a suitable heat source and recirculation system capable of delivering the required amount of heat uniformly throughout the section for a complete cure of the resin. The Owner will provide a meter at the supply point and the Contractor shall pay for all water used. An air gap must be provided between pipes/hoses connected to a fire hydrant and a storage tank/equipment used by the Contractor. The curing temperature and schedule shall be as recommended by the resin/catalyst system manufacturer. The heat source r 02735-11 6 Prior to installation, the diversion pumping system shall be tested and on standby. ` Wet Out - The Contractor shall designate a location where the fiber tube will be impregnated ("wet out") with resin to thoroughly saturate the fiber tube prior to its dispatch for installation. The Contractor shall inform the Owner in advance to inspect the materials and the wet out procedure. A catalyst system or additive(s) compatible with the resin and tube may be used for viscosity control as provided by the resin manufacturer. Installation Unless the Contractor uses the 'over -the -hole" wet out method, the resin impregnated tube shall be transported and kept in a refrigerated truck until it is installed in an existing line by using an application of water, air, or cable and winch properly placing the tube between the upstream and downstream manholes. Using the "Inversion Procedure", the tube end shall initially be turned inside out and attached to a platform ring, standpipe, or as approved. The addition of water, air, or steam pressure will be adjusted to sufficient height/pressure to cause the impregnated tube to invert from manhole to manhole, and hold the tube tight against the existing pipe wall. Using the "Insertion Procedure", the tube shall be winched into position according to manufacture's recommendations. The addition of water, air, or steam pressure will be adjusted to sufficient height/pressure to cause the calibration hose to invert from manhole to manhole and hold the tube tight against the existing pipe wall. Curing - After the installation of the liner is completed, the Contractor shall use a suitable heat source and recirculation system capable of delivering the required amount of heat uniformly throughout the section for a complete cure of the resin. The Owner will provide a meter at the supply point and the Contractor shall pay for all water used. An air gap must be provided between pipes/hoses connected to a fire hydrant and a storage tank/equipment used by the Contractor. The curing temperature and schedule shall be as recommended by the resin/catalyst system manufacturer. The heat source r 02735-11 6 shall be fitted with suitable monitors to gauge the temperature of the incoming and outgoing heat supply. Another such gauge shall be placed between the impregnated tube and the invert of the original pipe at the manhole(s) to monitor the outside liner temperatures during the resin curing process. Initial cure may be considered completed when the remote sensing device(s) reflect that the cure temperatures, as recommended by the resin/catalyst system manufacturer, have been achieved. Curing temperatures and schedule shall comply with submitted data and shall include an adequate "cool down" as recommended by the resin manufacturer. Cool -Down - The Contractor shall cool the hardened pipe to a temperature below 100 degrees Fahrenheit, in accordance with the resin manufacturer's recommendation, before relieving the water column or pressure. Cool water may be added to the water column while draining hot water from a small hole at the opposite end of the cured -in-place pipe, so that a constant water column height is maintained until cool -down is completed. Care shall be taken in the release of the water column so that a vacuum will not develop that could damage the newly installed pipe. Coupon samples shall be obtained for testing (Section 5.0/Testing). See Sections 5.02/Field Test (Thickness) for optional "no - dig" thickness test method. At end of each section lined, the Contractor shall run liner between two release agent coated aluminum plates of sufficient size to obtain three samples each 6" x 12" in size. Seal edges of sample with polymer suitable for protecting edges from chemical intrusion. (See Section 5.00/Testing.) The resin manufacturer's curing guidelines will be followed by the Contractor with variations allowed for local conditions. Once curing is completed, water or steam condensate from the curing process will be released slowly to avoid damaging the liner. Fluids released into the sewer line shall not exceed 110° F. Finished Pipe - The finished new cured -in-place liner shall be continuous over the entire length of each section lined, and be free from visual defects such as foreign inclusions, dry spots, pinholes and delamination. During the warranty period, which shall be defined as twenty-four (24) calendar months after acceptance by the Owner any defects which will affect the integrity or strength of the liner pipe or hydraulic capacity shall be repaired at the Contractor's expense, in a manner mutually agreed to by the Owner and Contractor. Sealing at Manholes The CIPP shall make a tight seal at the manhole opening with no annular gaps. Under all circumstances, a half-inch (1/2") diameter activated Oakum band soaked in Scotchsea15600 or equal, shall be applied all around for an approved seal, unless approved otherwise. All large annular space shall be sealed by using activated Oakum 02735-12 r W soaked in Schotchsea15600 or equal, and later covered with a cementitious mortar. This procedure shall be completed before proceeding to the next manhole section. 5.00 TESTING REQUIREMENTS Testing of the completed, installed liner consists of: a. Field testing b. Laboratory testing C. Long term testing Regardless of the resin/carrier tube system used, the completed liner shall meet or 4 exceed (1) the initial modulus of elasticity (ASTM D-790), (2) initial flexural strength (ASTM D-790) and (3) thickness stated on the bid form. Values for the three rparameters above which are under the values stated on the bid form are not acceptable. An under thickness liner may be brought into compliance at no additional cost to the Owner by (1) removal and replacement of the undersized liner, (2) addition of a second thin liner (after acceptable preparation of the undesized liner interior), or (3) by another method approved and accepted in writing by the Owner. All costs associated with testing shall be paid for by the Contractor. 5.01 Sample Testing The following samples shall be taken for each section of sewer lined. a. 2 cores of 2" diameter taken from the to of the pipe field test). p pP ( s).roll . b. One resin sample from each liner section installed. 4 oz. in size; cured C. Three cured plates, 6" by 12" in size. (See Section 5.03/Laboratory and Section 5.04/Long Term Tests.) 5.02 Field Test (Thickness) The liner shall be run through 12" long sections of sewer line -size Ductile Iron pipe and cured. One such sample shall be taken from liner at starting manhole and one at the ending manhole of the section being lined. One 2" diameter core shall be taken from each sample section. Measure thickness and deduct any inner film thickness. Three thickness measurements shall be taken from each sample. The resulting six measurements will be averaged. The average thickness shall be equal to or greater than the required thickness. No undersize allowance is permitted. 02735-13 5.03 Laboratory Testing (Resin and Physical Properties) Samples obtained for these tests will be sent by the Contractor to an approved laboratory for the following tests. The Contractor will pay for testing. a. Resin: Using the resin sample (5.01/Sample Testing), an infrared spectography chemical fingerprint shall be run and compared to the submitted fingerprint Section 2.01.02/Resin Definitions and Physical Characteristics to verify the resin used is the resin submitted for use on this project. b. Physical Properties: The cured 6" x 12" plate (Section 4.01.04/Pre-Installation and Section 5.01/SampleTesting) will be used to test modulus of elasticity and flexural strength to verify the requirements of Section 5.00/Testing Requirements have been met. 5.04 Long Term Testing (Live Exposure) One 6" x 12" cured plate will be left in the end manhole of each section lined submerged in the flow for a period of two years. The plate shall be attached to a chain and the free end of the chain bolted securely to the manhole. All bolts, chains, anchors, and other items required for anchoring the plate shall be stainless steel. The Owner will check on this sample plate during the test period. After the two year period, Contractor will remove the sample and test the sample according to Section 5.03/Laboratory Testing (Resin and Physical Properties). The results shall be reported to the Owner. Sample shall test at 90% or greater of initial modulus of elasticity and flexural strength. Additionally, checks for chemical attack and deterioration/liner failure will be made. If the material fails to pass these tests, corrections will be required corrections by a method approved and accepted in writing by the Owner. 02735-14 I-B-841 SITE PLAN CO ECTION X HOLE TA END CIPP / A N / \ PROP. PAVEMENT I / LIFT S ATx ION / / STANDBY DIVERSION / O PUMP. DRAWN FROM LI STATION AND DISCHARGE TO COLLECTION BOX / COLLECTI N OR MANHOLE SHOW / BOX 0+24 N < BEGIN C P I OEl k S UT ST ATE LAM ION T o LUBBOCK WATER UTILITIES a 4 g o J.O. 298019 W.W.O. ' ❑ * _ * SDAT DESIGNER: RG E06/98 DRAWN BY:ZF REVISIONS I SECTION MAP DATE DESCRIPTION DONE BY /UBIADDFNDUM I .G PAGE 2 OF 3 I -B -8 41 PROFILE OF �O" AERIAL LINE COLLECTION BOX BEGIN CIPP MANHOLE 52 L F. REH BI ITATE XI TI G A RI AL WER M 1N IPE SU PO T (TYP ) XI JT.G IOU ID x w o + O q + u] N Z LUBBOCK WATER UTILITIES a a g ® J.O. 298019 6 ' W.W.O. SCALE: NTS DATE= O6/98 DESIGNER: RG DRAWN BY:ZF REVISIONS SECTION MAP DATE DESCRIPTION IDONE BY PAGE 3 OF 3 A WATER UTILITIES J.O. 298019 W.W.O. SCALE: NTS DESIGNER: RG DRAWN BY:ZF r r /1 I L I \ I\ L l/ L /- %I V I r\ 1 I V I V f- DATE=06/98 SECTION PLANT PAGE 1 OF 3