HomeMy WebLinkAboutResolution - 4950 - Contract - RE Monks Construction Company - Intermediate Closure, SWL - 09/14/1995Resolution No. 4950
September 14, 1995
Item #23
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 and all related documents by and
between the City of Lubbock and R. E. Monks Construction Company, of Colorado Springs,
Colorado to famish and install all services and materials as bid for the Intermediate Closure of
portion of Solid Waste Landfill for the City of Lubbock, which contract is attached hereto, which
shall be spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of September 1995.
ATTEST:
Betty A fohnson, Uity Secretary
APPROVED AS TO CONTENT:
Victor Kilman, urchasing Manager
APPROVED AS TO FORM:
0
E6fiald G. Vandiver, First
Assistant City Attorney
dp\ccdocs\monksxes
September 4, 1995
CITY OF LUBBOCK
SPECIFICATIONS FOR
RECONTOURING OF CELL IV AT
MUNICIPAL SOLID WASTE LANDFILL
BID #13349
11
".
ffamm, allr
H
H
Z
CITY OF LUBBOCK
Lubbock, Texas
,-A
CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: RECONTOURING OF CELL TV AT MUNICIPAL SOLID WASTE LANDFILL
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13349
PROJECT NUMBER: 55 15.9113
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
1.
2.
3.
4.
S.
6.
7.
S.
9.
10.
11.
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
SPECIAL CONDITION
rr
NOTICE TO BIDDERS
i�
r
NOTICE TO BIDDERS
BID #13349
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the
Purchasing Manager, Municipal Building, 162513th Street, Room L-04, Lubbock, Texas, 79401, until ;:00 o'clock o.m. on the
22nd day of AuQust.1995, 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:
"RECONTOURING OF CELL TV AT MUNICIPAL SOLID WASTE LANDFILL"
i After the expiration of the time and date above first wri
p - Manager and publicly read aloud, said sealed bids will be opened in the office of the Purchasing
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 14th day of Sentember.1995, 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 and payment bond in accordance with Article
5160, Vernon's Ann. Civil St., in the amount of 1000/0 of the total contract price in the event that said contract price exceeds
$25,000.00. Said statutory bonds should be issued by a company carrying a current Best RatinE of B orriot as the rating of the
bond company is a factor that will be considered in determination of the lowest Esponsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check
issued by a bank satisfactory to the City of Lubbock, or a 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 Must, 1995, at 10:00 o'clock
�., am.. in the Personnel Conference Room 108, Lubbock, Texas
o 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 Purchasing Department at (806) 767-2167 (Monday Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting.
r
l
CITY OF LUBBOCK
t�cORMecet-t-
PURCHASING MANAGER
Bid documents may be obtained upon request from the Parkhill, Smith & Cooper, 4010 Avenue R, Lubbock, Texas
79412; Telephone (806)747-0161
GENERAL INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
SCOPE OF WORD
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
project in accordance with contract documents for the RECONTOURING OF CELL TV AT MUNICIPAL SOLID
WASTE LANDFILL.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.
f ` All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the3 ro'ect covered
P 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.
4. BIDDER INQUIRIES
No bidder shall request any information verbally. All written requests for additional information or clarification concerning
this bid must be addressed to:
RON SHUFFIELD
SENIOR BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TEXAS 79457
r FAX (806)767-2164
k
5. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fiilly completed within 75I5EVENTY-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 direct the Contractor to take
such action as the City deems necessary to insure completion of the project within the time specified.
6. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
7 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
r affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by
L the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been
notified.
r
8. 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).
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.
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 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.
I
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
PM 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
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 famish 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.
7
F14. 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.
ro
In all eases 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
r
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 insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particular project shall be subcontracted.
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 m 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.
II
7
(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.
7 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 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 ESCALATOR 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.
Poo 21. FREPARATION FOR BID
t
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
t 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 and address.
(b) Bid number and 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.
k
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.
.b,
(f) General Conditions.
(g) Special Conditions (if any).
(h) 'Specifications.
(i) Insurance Certificates.
0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by
reference into the aforementioned contract documents.
HID SUBMITTAL
r
r
7
BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE: Lubbock, Texas
N DATE: August 22, 1995
PROJECT NUMBER: 13349 - RECONTOURING OF CELL N AT MUNICIPAL SOLID WASTE LANDFILL
Bid of R.E. Monks Construction Company
(hereinafter caked 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
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.
MATERIALS:
7-A So cc a hj
I ��c r
($-�g
f, d
SERVICES
17
7A S;eV V *."
��(d I )m P S
TOTAL BID:
A
,� i X l ort o�c E �i
a1T tw Ni ^ .e
r" SI ,A .& "[li it/ d JJ,, -4
!C
d 7 d 60
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder heathy agrees to commence the work on the above project on or before a date to be speed in a written "Notice to
Proceed" of the Owner and to fully complete the project within 75 (SEVENTY-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 S500 (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 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
rscheduled closing time for receiving bids.
7
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 (S% ) 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.
Enclosed with this bid is a Cashier'sQr Certified C�iec Dollars
(S ) or a Bid Bond in the sum of o t o t a I Dollars (S ), 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.
4VG��1 iC�t �i No h.�v►�I �'��
U �" !7 et� • fee O ✓S r`�l �t�� p i c �5
Bidder(Seal if p. .n
SI:
a_ f
(Printed or Typed
R.E.Monks Construction Co.
Company
8355 Vollmer Rd.
Address
Colo. Spqs.
E1 Paso
City,
County
Colo.
80908
State
Zip Code
Telephone: 719
- 4 9 5- 3 6 21
Fax Number: 71 9
9 5- 0 7
Bid Bond
Bond Number . Mot, Applicable . , .
Know All Men By These Presents:
That . Rr. E:. MONKS, CONS?41..44'iX..............................................
8355 , Vollmer. Road ......................... of .Colorado . $P iFt9a�..�p�4 ' �A...MQ$..... .
....................................................... as Principal, and the other undersigned, as Surety, are
held and firmly bound unto .HONORABLEMAYOR AND CITY COUNCILr CITY, OF, LUBBOCK, TEXAS
............ .......
Purchasing Manager, Municipal BuildiriR ,1625 .13th. Street,, Room. L-04 _ , , , , , , , , , . .
Lubbock, Texas 794m Five Percent (50 of the Total Amount of the Bid
as Obligee. in the full and just sum of .................. ... ............................ .......... ........ .
............................................................................................. Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
Whereas, the said Principal is herewith submitting its proposal Recontouring of Cell IV at
Municipal Solid Waste Landfill, Lubbock, Texas
Project No. 13349
The Condition Of This Obligation is such that if the aforsaid Principal shall be awarded the contract the said
►^ Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the
6
performance of the terms and conditions of the contract, then this obligation to be void, otherwise the Principal and Surety will
' pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the
F
Obligee legally contracts with another parry to perform the work if the latter amount be in excess of the former, but in no event
shall liability hereunder exceed the penal sum hereof.
Signed, sealed and delivered . August .. .....22, .....1995... .
(Date)
ATTEST:
BY: �-
WITNESS:....
BY:..`tom!!..0 .6111 .........
Susan J. Rawson, Denver, Colorado
7
L,
FContract 50018-941
R•..•..M'?KS .GOr1S`�'kiUC?'1CT .Ca"i>? (Seal)
... (Seal)
Fd tta r;t I � e iter3�ri>:
!a w' in Corporation)
Carol Bronder, Attorney-in-fact
HRH/TALBERT
® Mmmerty Mw Talbert Cotpontion)
P.O. Box 9364, Denver, CO 80209-0364
Phone: 303-722-7776 FAX 303-722.8862
surety eonds and Inu mnce
Fidelity and Guaranty. Insurance Underwriters, Inc.
Baltimore, Maryland
A Stock Company
Bid Bond
Bond Number . Mot, Applicable . , .
Know All Men By These Presents:
That . Rr. E:. MONKS, CONS?41..44'iX..............................................
8355 , Vollmer. Road ......................... of .Colorado . $P iFt9a�..�p�4 ' �A...MQ$..... .
....................................................... as Principal, and the other undersigned, as Surety, are
held and firmly bound unto .HONORABLEMAYOR AND CITY COUNCILr CITY, OF, LUBBOCK, TEXAS
............ .......
Purchasing Manager, Municipal BuildiriR ,1625 .13th. Street,, Room. L-04 _ , , , , , , , , , . .
Lubbock, Texas 794m Five Percent (50 of the Total Amount of the Bid
as Obligee. in the full and just sum of .................. ... ............................ .......... ........ .
............................................................................................. Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
Whereas, the said Principal is herewith submitting its proposal Recontouring of Cell IV at
Municipal Solid Waste Landfill, Lubbock, Texas
Project No. 13349
The Condition Of This Obligation is such that if the aforsaid Principal shall be awarded the contract the said
►^ Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the
6
performance of the terms and conditions of the contract, then this obligation to be void, otherwise the Principal and Surety will
' pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the
F
Obligee legally contracts with another parry to perform the work if the latter amount be in excess of the former, but in no event
shall liability hereunder exceed the penal sum hereof.
Signed, sealed and delivered . August .. .....22, .....1995... .
(Date)
ATTEST:
BY: �-
WITNESS:....
BY:..`tom!!..0 .6111 .........
Susan J. Rawson, Denver, Colorado
7
L,
FContract 50018-941
R•..•..M'?KS .GOr1S`�'kiUC?'1CT .Ca"i>? (Seal)
... (Seal)
Fd tta r;t I � e iter3�ri>:
!a w' in Corporation)
Carol Bronder, Attorney-in-fact
HRH/TALBERT
® Mmmerty Mw Talbert Cotpontion)
P.O. Box 9364, Denver, CO 80209-0364
Phone: 303-722-7776 FAX 303-722.8862
surety eonds and Inu mnce
r
32992
Fcde14 and GuamnV Insurance Undetuu brs, Inc.
Power of Attorney
No, 395
Knewoo rens irythese presents: That FrddW orad Qaaraan Itaaraaes Umdnwftm b&.& corporation and existing order the laws at to State at
Wmxomin and having its principal dfhu at tho City d Baltimore. in the Stated Maryland. does hereby ew4titin and appois B. R. Clark, Charles H.
Fleck, Courtney T. Peterson, Carol Bronder, Robert J. Sunich, Leon B. Dartois,
James S. Rosulek, Melvin Hardenbrook, Jr., J. R. Richards, William R. Barbour and
Celeste Moore
of the City of Denver . Stator d Colorado ho tore and lawful AttorneylsFia%m each in tlxrtneporms capacity if eras than ons is
named above. m sign hs name u aratym. atdm ex•aAr, east and admoMAedpe any aid all bonds. tsdo told ps, contracts and othorwritten itmnrrhermts n the relate ttm•nad
on bdoi d the Company n its business d gtaanwng the fdd'ti d permxatx qustanteeirp thoporforma ce d r:amarzs; and etucutirng orgArantsenp bads and
udertalfts required arpermitted hanyaaiont erproeeedagsaYawd by law
h WAnou Whereof. the said Rde ft ad tiaaraatr bearaaea golism tire. for -has caused this insmo t m be sealed whh Its corporate seal, duty snood
bythesipmmofbV*c@ sasidentmdAssis=SeQ•tary.tdit 19t dayd October .AA.ts 94 .
Fiddiq aand 6asraraN M foe Ua • bsa
I
atronnoauls ....
MIS By . . ........� ................... ...........
1951 / rc• Prestd•nt
By..... . ...... �. ,. ... .............
VO
.s«r May
stab of tl/a flew l V
eafeiorae car ,
onthis 1st dayof Octobe /.AZ.1994 ,Ireiaa �= JaMA.Nuss.YicePmid"@fRditaadfrt�
laanaes Und•twritom far. and Thomas J. �rt 6=1111 ry of said ' �o�d whom I am at�nsited. who being hr me severally duly
sworn, mid that then the said JaM A Nu � � Faap — .Maw 1 Yea President and ttte�Seentary d 1h• said MAW &W Craartp
laaresee Uad•rwriw>R, l.r:.tho in and uArd► three farepoinp Power d they oath knewthe scat d said corporation; that the
sal affixed m aid Power d Ai"�Ieapaat• sfa6 effaced by adw d the Id
r•aoa d said corporatist. and that t w signed their roma
thereto by ileo aderasYhu Ptuidertt acrd Anho , d the camPamM (�
My Commitsianexpiwto 11th dsy� ch 9''95.
�...�
rs�� V� NataryPubtic
This Power d Attorney la garced oder arfd� d the fogorvirng Resolution adopted by the Hoard d Oiectas d the Fidelity aM 6raraaq laareaa
U•derwrii•ra hmonSeptsmb•r2i.1992
Raefsei, that n corenerrdm wih tire`ir�el'ay ud stay insrrarrs busness d tM Comp•rM. ap bands, erdseskirps. eorrorscts and other insutsnems niatirrp m
said business maybe signed, examsedand mftmkdpd by person a amities appointed ss AttaneMlsEin Fact pusrant m a Power of Attorney issued in mordanu with
these resokutans. Said Paws*) d Attorney forand on behalf d the Camparry tray and shop be mmmited into name arnd en behalf of the Conpmy. either by the Charman, or
the Resident. wan b osa ve Vice hasidem we Senior Yrs President, ora Pru hosident w an Assistant Yue President, jointly wih thn Secretary wan Assistant Secretary,
udertMi ntsperriw desigtatians. Tho signtun d su3n etfuen may bs emngratrod printed w itihogaphed. The sigrnaarn d each d the foregoing officers and the sal d the
Company may be affixed by facsimile m any Povvr d Attorney w m aryaRifipte relating thereto appoirtinp AtmrneylsEnFact for puposes ady d axeaAiq n and attesting
bats and udwukhp and other writi w obligamry n the mare thereof. an4 mlass sbsogntly revoked and subject m any limitatiaaw set forth therein, any such Power of
Attorney w tw0icste baring such faaimib stgtatan wfarsnuL sal shop be valid and binding upon the Company endow such power so Usatted and eatlfied by Mach
taaimile stgnnre and faahnille ail chap b• valid and bideg upon the Company whh respectso any bond or undertaking m which it is validly attached
l oselved. That Attomey)sWact shot haw the powwand aWrorfty. unless a bspu•rtly revoked and. in try Mase. subject to tie term and limitations of the
Power d Attorney issued m them. to Mutt and deliver on behalf d the Company and m attach the sal of the Company m aq and all bands and udertakngs. and mhw
writings obligatory into moon thereof, and any such nstnmant axeated by such AttomafjsFnfact shog be asbkd M epos the Canpary as lf signed by an UwAive officer
and salad and attested m by the Secretary d the Compaq.
L Thomas J. Fbperald. an Anistat Seaegry of the ird•titr and Comanq losupes Undamsitere, lou,, do hereby catlfy that the foregoing are tore acerpts
from the Resolution of the said Company as adopted by its Board d directors on Sq to nbw24.1992 and that these Resolution an in full force and affect.
L the nndectOW Assistant Seat" of the Fidd* orad anatomy hi sraaee Usdwwdtnn6 ik do hereby certify that the foregoing Power of Attorney is in kA
forts and effect and has rat been revoked.
n T•s*=Yf Whend. I haw hereunto ser ay hand and Ilea sa orad Qaaraaty Usderwrit•n. ioc. an this 221x7
dayd August .1995
...... ...
............................
1951 assi:wt Secretary
FS M 944
UST OF SUBCONTRACTORS
1.
2.
3.
4.
5.
6.
7.
9.
9.
10.
Minority Owned
Yes No
0 ❑
0 0
❑ ❑
❑ ❑
0 0
❑ ❑
❑ 0
0 0
0 0
❑ ❑
i
i'
k
i
E
PAYMENT BOND
i
BOND CHECK
BEST RATING .+-
�^
LICE ED IN TEXAS
aA1 WMY
l;
t
i
r
STATMORY PAYMBNr BOND PURSUANT TO ARTICLE 5160
OF TZW REVISED CAnL STATUTES OF TEXAS
AS AMENDED By Bond No. 19-0120-62621-95(6
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1939
R. E. MONKS CONSTRUCTION COMPANY
ICNOW ALL MHN By THESE MES 8355 Vollmer Road
ENTS, that Colorado Springs, CO 80906
Principal(s), and (hemnafter calked the Principal(s), aS
FIDELITY AND GU IN
0=dnatier called the Suray(s), as Surcty(s), are held and firmly
the amount of STZ lnm y bound unto the city of Lubbock
H RED EIGHTY NINE ** Dollars($699,000.00 (hercina� called. the Obtiget), in
payment whereof, the said Principal and Sur bra d — -) �� money of the iTnittd States for the
jointly and sevcrall firmly themselves, and their heirs, administrators, executors~ suceessors and ahe I! ,
Y, y by these preca ts,
V Ir S A.S, the Princ'pal has entered into a certain written contract wick the Obl' 15th
September 19-9-5-, to R on ourin of Cell IV at Munici gam' dated ia� of
Lubbock, Texas, Bid Number 13349 l Slid Waste Landfill
1
and Laid Pd=ipal coder the Ian is required before oommenci
amocmt ofsaid contract which contract Zed the warp provided for in said�oontiact to.execute a bond in the
length herein. Y a:zd to and made tt part hereof as fully and to the same
extrnt as if coped at
C cls
NOW, AFORE, TEE CONDMON OF 7MS OBLIGATION:IS SU
It ( suPPWnS tabor and material to him or $ subcontractor in the r of that ift2ta said Principal shall pay all
this obligation shall be void; otherwise to remain in full force and effect; tion of the work provided for in said ocratract, thea
PROBED, HOWEVER, that this bond is eztxated
pu
of Texas as Amended by Acts of the 56th rsuant to the provisions of Article $160 of the }Zevised C"Statulcs
$ep
�rdance with the provisions of said Article to the ar Session, 1959, and all IiabMdes pn this bond shall be determined is
extent as if it were •copied at Ierxgth iiereia.
IN W
SeI2: Ms19I'.SRF.OF, ilk said Principal (s) and Surety (s) havusigtted and sealed this
instrtmzear this 21st day e
FIDELITY AND GUARANTY
Surety
7 s
�t1e) Celeste Moore
Attorney -in -Fact
* THOUSAND AND N0/100.
UNDERWRITERS, INC. R. E. MONKS CONSTRUCTION COMPANY
prinapal
Fidelity and Guaranty Insurance
Underwriters, Inc.
P. O. Box 7
t
Denver, Colorado 80201
L
Attested By:_(��p��li�
(Title)
By: Not Applicable
(Title)
®HRH/T"ERT
® (Form" Tie Talbert Corporation)
P.O. Box 9364, Denver, CO 80209-0364
Phone: 303-722-7776 FAX 303-7228862
Surety Bards and Insurance
The tradeisigaed surety company nT=seats that it is duly Qualified to do business in Tess, and hereby designates
Howard Cowan an agent resident is Lubbock County to Whom any requisite notices maybe delivered and on.whom 'sery ce
of process may be had in matters arising out of such suretyship..
CoubmmhGNED BY: RESIDENT AGENT
BY:
)4deaOrNowan
Approved as to form:. Howard Cowan Enterprises, Inc.
8200 A Nashville, Suite 201
City ofLubbock Lubbock, Texas 79423
1.4
aY
C rney
• Note: if signed by an officer of the Surety Company there must be on file a certified extract from the bylaws shdwing that this
persoa has authority to sign such obligation. If signed by an Attorney hLFact, we must have copy of power of attorney for our Miles.
P"
pop
OW
r
i 32993
Fidelity and Guaranty Insurance Underwriters, Int
Power of Attorney
No 395
Know all men by these presorts: That Fdofity wad Caawaty la:wrawea Uwderwrftere. br— a corporation organized and existing aider the laws d the stated
Wisconsin and having its principal office at the City of Baltimore, in the State of Maryland. does hereby mubts and appoint B . R. Clark, Charles H.
Fleck, Courtney T. Peterson, Carol Bronder, Robert J. Sunich, Leon B. Dartois,
James S. Rosulek, Melvin Hardenbrook, Jr., J. R. Richards, William R. Barbour and
Celeste Moore
of the City of Denver , Stated Colorado its rue and lawful Anomsy(s1-n*am each in their separate capacity it more than one is
named above, to sign its name as surety to. and to exeatte, seal and acknowledge any and all bonds, todartokigs, eorr' i - and aft,written ihstnanenm n the rare thereof
on babel of the Company in its business of guaranteeing the fidelity of parsons: guaranteeing the performance of Contracts: and executing or grrararueei g bonds and
undenaki gs required w permitted it any actions or proceedings allowed by law.
In Witness Wfhereof, the said Fidelfq ad eaaranq lasaraaee Underwdtem bre. has caused this sum neat to be sraled with its corporate seal. duly masted
byt w som ues oi` b V'= PresidwmW Asset Seaetary. Chis is t dayof October , A.D. is 94 .
Fideliq 4ad Guaranty b U rilrM lee.
ffmvowl
i95 By .....................�............
JPresident
(Sia" By ...... . ..... .................
. Asshstare Secretary
State cal Marylad 1
SS:
On this is t dayof October ,- A.D.12 9" 4 , before camel John A. Huts, Vice Prasidem d rWWiq and Baasaoq
laswrawca Uaderwdaws. lee. and Thanes J. F Secretary at said both d whom I am ly samimed, who being by me severely duly
sworn, said that they. the said John A. Huss J. Fitzgerald were hes President and retaryi of the said Fidaiiq wad Ctrarady
Ihumnas Uradmwrhsm lee. the n and wyhich the foregoing Power of each knew the seal d said caryarad= that the
seal affixed to said Power d corporate seal. t1 s Ared by order of the BW5 d said corporation. and that they signed their Memes
thereto by lite order" Vice President nd Assistant . d Ura Company. � !'
My Conniissionexpinsthe 11th dpy, ch d�@ gt'95. '
. .............
NotaryPublic
4itan:p'
This Power of Anomey is granted order and at the following Resolutions adopted by to Board of Directors of Ute Fiiddl# sad Gurawq lwrsaes
Uoderwrs ism lee. on September 24.1992: �� }
Resslhred. that in correction with the ity and surety inarance business of the Company. all bands. undertakings. Contracts and other it ammo relating to
said business may be signed. executedand adJmowledgef by persons or entities appointed as Attomeyls) nfaa pusuant io a Power of Anomey issued n accordance with
these resolWors. Said Power(s) of Attorney for end on behag of to Comparry may and shag be um ted in the Meme and on behalf of Uro Company. either by the Chairman, or
the President, or an l5waive Vice President. ors Senior Vice President, ors Vice President wan Assistant Vice President, jointly wit the Secretary or an Assistant Seastary,
trdertheir respective designations. The Agrwe of suds officers may be argreved printed or lithographed The sigreate of each of the foregoing officers and the seal of the
Company may be affixed by facsimile to arry Power of Attorney or to any arWicase relating thereto appointing Anomey( Watt for puposes a* at omuting in and attesting
bonds and w&Mkirgs and other writings obligatory in the nature thereof. and unless subsequently revoked and subject to any limawiaru set forth Uheren. any such Power of
Attorney or mWicaU bearing atxh facsimile sOuturs or facsimile seal shag be valid and binding upon the Company and any such power so executed and candied by such
facsimile sigraure and facsimile seal shall be valid and binding upon the Company with respect to any bond w undertaking to which it is validly attached.
Ilm"ed. That Attoney(SNo-Fact shag have the power and authority. Wass subsegtrenty revoked ands any case, subject to the Lento and limitations of the
Power of Anomey iswed to them. to examte and deliver an beha8 d the Company and to attach the seal d the Company to ary and a I bods and ti dertakings. and other
writings oblgatay' in the nacre thereof. and anysu such ingwaM axearted by such Attomey(sHn4ad shag be as binding upon the Company as if signed by an Uwaive Officer
and sealed and attested to by the Secretary of the Company.
G Thomas j. Ftzgerald. in Assistant Secretary of the fidelity 4041 6aaranty lasomes Umdsrwftm sae.. do hereby certify that the foregoing one true excerpts
from the Resolutiom of the said Company as adopted by its Board of Directors on September 24.19M and that these Resolutions are in fug fats and effect.
L !the undersigned Assistant Socretary at the &Wftr sad 8waraaty lasaraweo Uadeewdlon6 fere, do hereby tor* thig the foregoing Power of Attorney is in full
force and effect and has not been revoked.
In Testimony Whereof. I have heraim set my hand and the sea Ful and 6umity Undwaftra, I= on this 21St
day d September .1s 95
1951 Auistant Secretary
FS 81 (4.94)
BOND CHECK
BEST RATING
LICE
DJN TFxA��
DAT
r
r.t
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATOm OF TEXAS AS
AMENDED BY Bond No. 19-0120-62621-95(6)
e ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
KNOW ALL MEN BY THESE PRESENTS, that * * (hereinafter called the PrWripal(s), as Pdncipal(s)< and
FIDELITY AND GUARANTY INSURANCE •UNDERWRITERS, INC., Baltimore, Maryland
(hertirtaRer called the Surcty(s), as St:rety(s), are held and firmly bound unto the City otLubbock (hereinai)er called the ObIigee), in
the amount of SIX HUNDRED EIGHTY NINE*** Dollars ($ 689,000.00) lawful money of the Uidted Stites -for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executOM-successors and assigns,
jointly and severally, fumly by these presents.
the PrincsQal has entered into a certain written contract with the Obligee, dated the !L%y of
September . 1495 to
Recontouring of Cell IV at Municipal Solid Waste Landfill, Lubbock, Texas
Bid Number 13349
7 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 trade a part hereof as fuliy and to the same extent its if copied at
length herein.
7 NOW, THEREFORE, THE CONDITION OF IMS OBLIGATION IS SUCK, that if the said Principal shall faithf ll1i
perform the work in accordance with the plans, specification and contract documents, then this obligation shall be`void; otherwise
to remain in full force and effect
IN
IN
IN
PROVIDED, -HOWEVER, that this bond is executed pursuant to the ptvviisions of Artt'cle 5160 of the Rcv#cd Civil Statutes
of Texas as amended by Acts of the 56th Legislature, regular session 1954, and all liabilities ori this bond shall be determined in
accordance with the provisions of said article to the same extent as if it were copied at lengdl herein.
IN WM tF-SS WfiEREOF, the said Principal (s) and Surety (s) have signed and sealed this instntrnent this 2_1stday of
September 01995,
FIDELITY AND GUARANTY INS CE UNDERWRITERS, INC.
Surety
(Title) Celeste Moore
Attorney -in -Fact
Attested
R. E. MONKS CONSTRUCTION COMPANY
8355 Vollmer Road, Colorado Springs, Colorado 80908
THOUSAND AND N0/100.
Fidelity and Guaranty insurance
Underwriters, Inc.
P. 0. BOX 7
Denver, Colorado 80201
R. E. MONKS CONSTRUCTION COMPANY
Principal
(Title)
By Not Applicable
(Title)
HRHITAMERT
® (Formerly IMe Tamert Corporation)
P.O. Box 9364, Denver, CO 802OM364
Phone: 303-722-7776 FAX 303-722-8862
Surety Bards and Insurance
FM
7
PM
r'
The uadcuigned surety cvmpaay represents that it Is duly qualified to do business in Texas, and hereby designates
Howard Cowan an agent resident In Lubbock County to whom any requisite notices may be delivered and oawhom kry ce
of process usay be had in matters arising out of such suretyship.
COUNTERSIGNED BY:j� 1A Ai A/ T RESIDENT AGENT
BY:
r Cowan
Approved as to form:. Howard Cowan Enterprises, Inc.
8200 A Nashville, Suite 201
City of Lubbock Lubbock, Texas 79423
Ct ttorney
s
NOW. If signed by as officer of the Surety Campaay there must be on file a certified extract from the by-laws shdwing that this
person has authority to sign such obfigatiom If signed by an Attorney btFac4 we must have Copy of power of attohmy for our hies.
INSURED
R. E. Monks Construction Company
8355 Vollmer Rd.
P.O. Box 25579
Colorado Springs, CO 80936
DAT
E (
MIDD
mr)
ti
09/20/95
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANY
AUnited States Fidelity & Guarant
COMPANY
BArgonaut Insurance Company
COMPANY
C
COMPANY
D
I - __ .._ .....................I.......... ......................
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COTYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE LICYEXPIRATiON
LTR DATE(MMIDD/YY) OATE(MMIDDIYY) LIMITS
A CENERAL LIABILITY 1MP300872980 05/01/95 05/01/96 1 GENERAL AGGREGATE i2 000,000
MADE
a
f A
AUTOMOBILE LIABILITY
r•t
i
X
ANY AUTO
f
MEO EXP (Anyone person) $ 51000
ALL OWNED AUTOS
05/01/95
05/01/96
SCHEDULED AUTOS
BODILY INJURY $
(Per person)
X
HIRED AUTOS
X
NON -OWNED AUTOS
PROPERTY DAMAGE
i GARAGE LIABILITY AUTO ONLY-EAACCIOENT t
ANY AUTO OTHER THAN AUTO ONLY:
EACHACCIDENT =
AGGREGATE II
A EXCEssLIABILITY 1MP300872980 05/01/95 05/01/96 EACH OCCURRENCE *21000,000
X UMBRELLA FORM AGGREGATE _s2,000,000
OTHER THAN UMBRELLA FORM :
B WORIMRS COMPENSATION AND 65550157384 05/01/95 05/01/96 X STATUTORY LIMITS
EMPLOYERS' LIABILITY
EACH ACCIDENT s1 O O O O O
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
DISEASE -POLICY LIMIT 5500 000
PARTNE
OFFICERS ARE: EXCL DISEASE -EACH EMPLOYEE A0 O 0 0 0
OTHER
v
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLEGISPECIAL ITEMS
Recontouring of Cell IV at Municipal Solid Waste Landfill, Lubbock Tx
.,(See Attached Schedule.)
City of Lubbock, Texas
Purchasing Manager
Municipal Bldg
1625 13th Street Room L-04
Lubbock, TX 79401
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
AUTHORIZED
Mz
PERSONAL i ADV INJURY $1.000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE one fire $ 50,000
MEO EXP (Anyone person) $ 51000
1AE300331152
05/01/95
05/01/96
COMBINED SINGLE LIMIT $1, 000, 000
BODILY INJURY $
(Per person)
BODILY INJURY :
(Par accident)
PROPERTY DAMAGE
i GARAGE LIABILITY AUTO ONLY-EAACCIOENT t
ANY AUTO OTHER THAN AUTO ONLY:
EACHACCIDENT =
AGGREGATE II
A EXCEssLIABILITY 1MP300872980 05/01/95 05/01/96 EACH OCCURRENCE *21000,000
X UMBRELLA FORM AGGREGATE _s2,000,000
OTHER THAN UMBRELLA FORM :
B WORIMRS COMPENSATION AND 65550157384 05/01/95 05/01/96 X STATUTORY LIMITS
EMPLOYERS' LIABILITY
EACH ACCIDENT s1 O O O O O
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
DISEASE -POLICY LIMIT 5500 000
PARTNE
OFFICERS ARE: EXCL DISEASE -EACH EMPLOYEE A0 O 0 0 0
OTHER
v
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLEGISPECIAL ITEMS
Recontouring of Cell IV at Municipal Solid Waste Landfill, Lubbock Tx
.,(See Attached Schedule.)
City of Lubbock, Texas
Purchasing Manager
Municipal Bldg
1625 13th Street Room L-04
Lubbock, TX 79401
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
AUTHORIZED
Mz
i
_�#�1��hr5�ti►�+�r;�rr�r► .rv'iii''.rt....._..:....:� ;� :::Wy:.::�:�:.��:_
7 R.E. Monks Construction CH: City of Lubbock, Tx
L:City of Lubbock, Texas is Additional Insured on the General & Automobile
Liability.
r- Waiver of Subrogation in favor of City of Lubbock, Texas as respects
General Liability and Workers Compensation.
Cancellation clause is amended to read: Should any of the above
described policies be cancelled or material change before the
expiration date thereof, the issuing company will mail 10 days written
— notice to the Certificate Holder.
Notice of cancellation will be given via certified mail, return receipt
r7 requested.
I
CERTIFICATE OF INSUR11%C 10/03/95
PRODUCER
TNS CERTWWATE 18 ISWED AS A MATTER OF IWORMATiOh
HRH/Talbert
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
455 Sherman Street, Suite 390
HOIJXR. THIS CERTMCATE DOES NOT AMEND, DMD OF
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW
P.O. Box 9364
COMPANIE3 AFFORDING COVERAGE
Denver, CO 80209
COMPANY
AUnited States Fidelity & Guaranty i
INSURED
City of Lubbock, Texas
COMPANY
a
C/O R.E. Monks Construction Co
P.O. Box 25579
COMPANY
C
Colorado Springs, CO 60936
;;wD
COMP ANY
[
COVERAGES
......... .. ...
THIS IS TO CEFITFY THAT THE POLICES OF NWRW40E USM BELOW HAVE BEEN MUM TO TM INQUIRED NAMED ABOVE FOR THE POLICY khOu
INDICATED, NOTMMSTANDINO ANY REOLIFIEMEW, TEF&A OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITI-I FIESPECT 70 WHICH THIS
CERTIFICATE MAY BE MUED On MAY PERTAIN, THE INSUFIANCE AFFOFUM BY THE POLICES DIBMWED HEREIN 18 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICES. LIMIT SHOWN MAY HAVE GM REDUCED BY PAID CLAIMIIL
CO TYPE OF INSURANCE POLICTNUMBER
POILICY""OTIVE P0L=T9wMTI0N LIMITS
DATE(MM/DDrM IMATE(MLIJ001TY)
A IIIENCRAL LIABIUTY BINDER
05/01/95 05101196 GENERAL AGGREGATE $1,000,00
M161IERCIAL GENERAL LI AM
PRODUCTS-COMPIOP AGO S
Ir�:] OCCUR ;CLAIMS MADE
PERSONAL A ADV INJURY S
X PWNEA S & CONTRACTOR 6 PROT
EACH OCCURRENCE 000, To
_11,
ME VAMAOE Vjw one f1m) S
!XP (Anyone PW*0n) *
AUTOMOBILE LIABILITY
_MED
COMBINED SINGLE LIMIT
ANY AUTO
ALL OWNE D AUTOS
SOCILYINJUny
SCHEOULED AUTOS
r*rPw8Qr4
HIAEOAUTOS
NON -OWNED AUTOS
BODILY INJURY
Parsoclaentl
PROPERTY DAMAGE is
dARAOZ LIABIUTY
AUTO ONLY -EA ACCIDENT
' ANY AUTO
OTHER THAN AUTO ON
EACH ACCIDENT 1$
AGGREGATE $
XCES&I LIABILITY
EACH OCCURRENCE .1
UMBRELLAFORM I
AGGREGATE._ 1_
OTHER THAN UMaRELLA FORM
WORKERBCOMPENSATION AND
ISTATU ORYLIMITS
EACHACCIDENT
EMPLWZPX UAalLJTT
THE PROPRIETOR/ INCL
DISEASE POLICY LIMIT 8
PARTNERSIEMECUTIV9
OFFICERS ARE:
DISEASE -EACH EMPLOYEE Is
OTHER
DESCRIPTION OF OPE =_NWU=TI0NQMHICLZa1d %=L ITEMS
Recontouring of Cell IV at Municipal
Solid Waste Landfill, Lubbock Tx
(See Attached Schedule.)
CERTWWATE'HOUM
GHOULD ANY OF THE ABOVE 011213RINED POLICIES 01 CANCELLED BEFORE THE
City of Lubbock, Texas
OrMTION DA12 IMPEOF. TM ISSUING COMPANY WILL ENDEAVOR TO MAIL
Purchasing Manager
J.0„ OATS WMrMN NarM TO TM GERTWICAM HOLDER NAMED TO THE I.M.
Municipal Bldg
BUT FAILURE TO MAIL OUCH N=X WiALL IMPOSE No cauckmoN OR UABuff
1625 13th Street Room L-04
olf ANY UP" YM COMPANY. ITS AGENTS OR M10"ESENTAM3,
Lubbock, TX 79401
'ONO
AUTHORIZE f PIUMM "RAS
0.
jACOA02S-8(4"j Ot2#10656 7' 9 AWDRIJ 499HPUM4119M 11M
,!'�
.. .... ;; .......... ............
PW
r
i
DESCRIPTIONS:
R.E. Monks Construction CH: City of Lubbock, Tx
Cancellation clause is amended to read: Should any of the above
described policies be cancelled or material change before the
expiration date thereof, the issuing company will mail to days written
notice to the Certificate Holder.
Notice of cancellation will be given via certified mail, return receipt
requested.
R.E. MONKS CONSTRUCTION
1AB300331152 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF LUBBOCK, TX
1625 13TH STREET, ROOM L-04
LUBBOCK, TX 79401
as respects: RECONTOURING OF CELL IV'`AT MUNICIPAL SOLID WASTE LANDFILL, LUBBOCK, TX
A. WHO IS AN INSURED is changed to include as an "insured" the person or organization shown in the Schedule
but only for liability arising out of your use of a covered "auto" for such person or organization.
B. CANCELLATION
1. If we cancel the policy, we will mail notice to such person or organization in accordance with the Common
Policy Condition.
2. If you cancel the policy, we will mail notice to such person or organization.
3. Cancellation ends this agreement.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Copyright, Insurance Services Office, Inc., 1985
CUCA 99 09 03 88
09/20/95cc
R.E. MONKS CONSTRUCTION
• POLICY NUMBER: 1MP300872980 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST
OTHERS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
SCHEDULE
Name of Person'or Organization:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
We waive any right of recovery we may have against the person or organization shown in the Schedule because of
payments we make for injury or damage arising out of "your work" done under a contract with that person or
organization. The waiver applies only to the person or organization shown in the Schedule.
CITY OF LUBBOCK, TX
1625 13TH STREET ROOM L-04
LUBBOCK, TX 79,401
as respects: RECONTOURING OF CELL IV AT MUNICIPAL SOLID WASTE LANDFILL, LUBBOCK, TX
CG 24 04 11 85
09/20/95cc
Copyright, Insurance Services Office, Inc., 1984
k _
. WORKERS COMPENSATION AND EMPLOYERS UABILITYINSVRANCEPOLICV
R.E. MONKS CONSTRUCTION WG 00 03 IS
U. 50157384 (Ed' 484)
WAIVER OF OUR RIGHT TO AECOVER FROM OTMERS ENDORSEMENT
We have the right to recover a
R tyry
force our right against the person of organizatio Med ni the cchedule. tibia agreemnt policy. W8 will not he
appilea only u the
extent that you perform wank under a written cat�traat that requ1re8 you to obtain thtB u>a,)
agreement from
This agreement shalt not operate directly or Indirectly to benefit any one not named In the Schedule.
Schedule
CITY OF LUBBOCK, TX
1625 13TH STREET ROOM L-04
LUBBOCK, TX 79401
as respects: RECONTOU.RING OF CELL IV AT MUNICIPAL SOLID WATER LANDFILL, LUBBOCK, TX
Additional Premium: Subject to Audit — 5% of Premium Developed for Job
This endorsermnt changsr Oa po,toy b which a IS Attached and' h elfecfivo en gw date Issued unless 0ftn 8 $,sled.
(Tile Intorason Oabw k nqutrod env trA.a d* /ndRSIM14t k Gsuea aubtlgmnt,to praparsdon or Wk Fahy,)
Endorsemra E„ectlua
Inbured MD• " Endo WMT11 No.
Wwm Comp„ nr Pro*m S
Cotmlerelpgad Sy
WC 90 091$
(Ed. 4•84)09/20/95cc
C"001 IM Nntonal CWJrJI oa comp *SX1loe Imumaoa.
C
I
I"
R.E. MONKS CONSTRUCTION
POLICY NUMBER: 1MP300872980 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS • (FORM B)
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF LUBBOCK, TX
1625 13TH STREET, ROOM L-04
LUBBOCK, TX 79401
as respects: RECONTOURING OF CELL IV AT MUNICIPAL SOLID WASTE LANDFILL, LUBBOCK, TX
(if no entry appears above, information required to complete this endorsement will be shown in the Decla-
rations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as'an insured the person or organization shown in
the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
��/ZO}95cc 5 Copyright, Insurance Services Office, Inc., 1984
n 1
J
r
I A CONTRACTOR SHALL:
7
0
CONTRACTOR CHECKLIST
(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;
(S) 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 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 Sling 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 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
(1) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) -
(FI), with the certificate of coverage to be provided to the person for whom they are providing services. ❑
I
I
CONTRACT
I
7 CONTRACT
�+ STATE OF TEXAS
(` COUNTY OF LUBBOCK
THIS AGREEMENT made and entered into this 15th day of September, 1995,
by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter
referred to as OWNER, and R E. MONKS CONSTRUCION COMPANY of the City of Colorado Springs, County of El Paso
and the State of Colorado, hereinafter termed CONTRACTOR
F
r
i
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID # 13349 - RECONTOURING OF CELL IV AT MUNICIPAL SOLID WASTE LANDFILL
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction in accordance with the contract documents as defined in the General
Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given
to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current fiends 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
year and day first above written.
Corporate Secretary
in Lubbock, Lubbock County, Texas in the
CONTRACTOR:
ByDDPNAME: 00110000000007
COMPLETE ADDRESS:
R. E. Monks Construction Company
8355 Vollmer Road
Colorado Spring, CO 80908
GENERAL CONDITIONS OF THE AGREEMENT
r
FGENERAL CONDITIONS OF THE AGREEMENT
OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be
understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: It. E. MONKS CONSTRUCTION COMPANY who
has agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
City of Lubbock, under whose supervision these contract documents, including STEVE JOHNSON, SOLID WASTE
SUPERINTENDENT, City of Lubbock, under whose supervision these contract document, including plans and
specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as
may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act
for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting
in behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract'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 his inspection in
accordance with the Notice to Bidders.
S. 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
rknown to him who gives the notice.
i .
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the contract.documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known,
technical or trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
10. LAYOUr
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 with one copies of all Plans, Profiles and Specifications without expense to him and he
shall keep one copy of same consistently accessible on the job site.
7 12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and
to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to
„ make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
i 13. LINES AND GRADES
All lines and grades shall be famished by the Owner's Representative whenever 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 his 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 him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's
Representative at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AU'THORIT'Y AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Ownees Representative
shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is fiuther
agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction
thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of
said Contractor. The owner's Representatives' estimates and findings shall be conditions precedent to the right to any
action on the contract, and to any rights of the Contractor to receive any money under this contract.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a
written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work
or the interpretation of the contract, specifications and plans.
15. RUPERINTENDENCE 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 Representativemay deem proper to inspect the
materials firrmshed 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 fiunish all reasonable aid and assistance
required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The
Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so
` appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer,
supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
t decision.
16. CONTRACTOR'S DUTY ANDS ERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the
work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
�.. of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work.
i
0
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself 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 effect the work under this contram No verbal agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of
the terms or obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required
under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, 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
P" Representative shall 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 reasonable 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 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 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 Observer has previously accepted the work through oversight or otherwise. If any
work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's
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 Ownces 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.
0
If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
Owner or Owner's Representative, it must, if requested by the Owner or Owner's 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 approval, and any work which meets the requirements of any such tests or approval but does not meet the
requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the
Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's
Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve
-+ the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof; or any material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with
Plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full
accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
23. CHANGES AND ALTERATIONS
l 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 thebeginning 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 any actual loss occasioned by such change, due to 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 arty 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 actual field cost of the work, plus fifteen (1501e) percent.
r
In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply
and the "actual field cost' is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics
and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used
on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on
account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property
Damage and Worker's Compensation and all other insurances as may be required by law or ordinances or directed by the
Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of
the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The
Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type
and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 1001/0, 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 (1501a) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's 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). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration as herein below provided
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract 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. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents,
he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully
understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with
these plans and specifications. It is further understood that any request for clarification must be submitted no later than five
days prior to the opening of bids.
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.
IC 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 his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.
r
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Worker's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Worker's Compensation
laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and
others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building
and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible
with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend,
indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons
or property, on ,account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the
execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to
pay airy judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the
Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
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
�a the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to
contract execution.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $1.000.000 Combined Single
Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
r
F,
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, S 1.000.000 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, S 1000 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
The Contractor shall obtain a Builders Risk policy in the amount of M/ of the total contract price (1000/a 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 S 1000 000 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worket's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.
Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractoes/person's work on the project has been completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities
Performing all or part of the services the contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -Operators, employees of any such entity, or employees of any entity which furnishes
Persons to provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
! 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the
duration of the project.
r
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.
S. 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 theTexas 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 airy coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
I
(d) obtain from each other person with whom it contracts, and provide to the contractor.
(1) a certificate of overage, prior to the other person beginning work on the project; and
(2) a new certificate of overage showing extension of overage, prior to the end of the
overage period, if the overage period shown on the current certificate of overage ends
during the duration of the project;
(e) retain all required certificates of overage on file for the duration of the project and for one year
thereafter,
k
(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 azth whom it contracts to perform as required by paragraphs
(1) - (7), 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.
(S) 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;
.•
r
(b) provide a certificate of coverage showing workers' compensation coverage to theg over nmental
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;
(1) 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 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
1 ;
"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 and materials, or providing labor or
transportation or other service related to the projec4 regardless of the identity of their
employer or status as an employee"
"Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information
ti
on the legal requirementfor 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 language in subsection (e)
(3) of this rule;
` (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
W pmject; and
(2) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(vi) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter,
(vii) notify the governmental entity in writing by certified mail or personal delivery, within
10 days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
I (viii) 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.
c 29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
t not to discriminate against a Qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
,., other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF
MACHINERY. EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of de
gr g airy wands of
subcontractors, laborers, workmen, mechanics, matenalmen and furnishers of machinery and parts thereof, equipment,
�., power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contracL 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 (S) days after
demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the
unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to
discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
Process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the
Owner harmless from any loss on account thereof; except that Owner shall defend all such suits and claims and shall be
responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer
or manufacturers is 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 harmless
from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
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 effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the Owner's Representative, he shall bear all costs arising therefrom.
E 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. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in
the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this
contractual agreement.
34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and
time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it
is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be
specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding
of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of S500(F VE
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 calendar day that the Contractor shall be in default after the time stipulated for completing the
work.
` It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the
work described herein is reasonable time for the completion of the same, taking into consideration the average climatic
change and conditions and usual industrial conditions prevailing in this locality.
4
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is
agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for
payments or from final payment.
c It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract.
i 35. TWE 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 his work at such time and sessions, in such order of precedence, and in such manner as shall be most
conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the
work shall be substantially completed as a whole and in part, in accordance with this 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,
r
either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work
done under this contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which
shall show the order in which the Contractor 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. EXTENSION OF TIME
The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the
Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for
an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an
extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then submit such written request to
the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City
Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided
37. HINDRANCE AND DELAYS
s In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
!^" growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of arty part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is
let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other
contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the
estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract,
they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their
bids offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be
t fiunished under this contract may differ somewhat from these estimates, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the
project.
39. PROIEQMON OF ADJ IN1NG PROPERTY
t The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered,
which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any
damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the
l Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing
out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
r
r
r
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 attached hereto, which
has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all
materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly
performing the same and the whole thereof in the manner and according to this agreement, the attached specifications,
plans, contract documents and requirements of owner's Representative.
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 which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAY[ViENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
payment. Owner's Representative shall review said application for partial payment and the progress of the work made by
the Contractor and if found to be in order shall prepare a certificate for 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; said statement
shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's
Representative's Certificate of Partial Payment, less S% of the amount thereof which S% shall be retained until final
payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this
agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by
Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the
Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion
of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (3 1) days after the Contractor has given the Owner's Representative written notice that the work has been
r completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance with the contract documents, the
Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the
r- duty of the Owner within thirty-one (3 1) days to issue a certificate of acceptance of the work to the Contractor.
44. FINAL FAYMEN'f
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and
prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and
shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of
completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual
obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall
relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if
any) of this contract or required in the specifications made a part of this contract.
i
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his
own expense promptly replace such condemned materials with other materials conforming to the requirements of the
contract. Contractor shall also bear the expense of restoring 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.
46. CORRECTION OF WORK AFr'ER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for
faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of.
(a) Defective work not remedied.
(b) Claims Sled 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, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any
directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to
` such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
In rase the Contractor should abandon and fail or refiise to resume work within ten (10) days after written notification from
1 the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative,
t when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of saidnotice shall be delivered to the
f " Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for
work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of
the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra
i
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 case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten
(10) days after service of such notice, then the Owner may provide for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and 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 his 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. However, should the cost to
complete any such new contract prove to be less than that which would have been the cost to complete the work
under this contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shill be so notified and certificates of
completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized
statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and
delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the
balance due as reflected by said statement within 30 days after the date of certificate 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 shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
Flo within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's
�.. Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value
of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed
` work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by
the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the
whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of
the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums
that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to
the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said
final statement as due the Contractor, under the terms of this Agreement.
51. BONDS
The successfd bidder shall be required to fiunish a performance bond and payment bond in accordance with Article 5160,
Vemon's Annotated Civil Statutes in the amount of 100°/a of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to
do business in the State of Texas. And it is further agreed that this contract shall not be, in effect until such bonds are so
furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct,
supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The
fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and
to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative
hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent
contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other
person, firm, or corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises fice from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave
the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may
remove the debris and charge the cost to the Contractor.
P'.
I
DGV:da
RESOLUTION
Resolution #2502
January 8, 1987
Agenda Item #18
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January , 1987.
, City Sec
APPROVED T ONTENT:
BiTl- Pyne, 0 rector of Building
Services
r
S. e. & 2�n�
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
o ld G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft Hourly Rate
Acoustical Ceiling Installer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
10.50
Bricklayer -Helper
5.00
Carpenter
11.00
Carpenter -Helper
5.50
Cement Finisher
7.35
Drywall Hanger
8.70
Electrician
10.50
Electrician -Helper
5.25
Equipment Operator -
Heavy
8.00.
Light
5.70
Floor Installer
8.00
Glazier
7.50
Insulator, Piping/Boiler
9.50
Insulator -Helper
5.00
Iron Worker
7.30
Laborer, General
4.75
Mortar Mixer
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65
Roofer -Helper
4.75
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder - Certified
8.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft Hourly Rate
Asphalt Heaterman
$5.25
Asphalt Shoveler
4.75
Concrete Finisher
7.35
Concrete Finisher -Helper
4.75
Electrician
10.50
Flagger
4.75
Form Setter
6.50
Form Setter -Helper
5.50
Laborer, General
4.75
Laborer, Utility
5.80
Mechanic
6.50
Mechanic -Helper
6.00
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
6.00
Bulldozer
5.25
Concrete Paving Machinist
6.50
Front End Loader
5.85
Heavy Equipment Operator
6.40
Light Equipment Operator
6.40
Motor Grade Operator
8.00
Roller
5.25
Scraper
5.25
Tractor
5.50
Truck Driver -
Light
5.25
Heavy
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft
Power Line Foreman
Lineman Journeyman
Lineman Apprentice Series
&roundman Series
Hourly Rate
$11.00
10.45
8.90
7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
SPECIFICATIONS
d
w
CITY OF LUBBOCK, TEXAS
MUMCIPAL SOLID WASTE LANDFILL
RECONTOURING OF CELL IV
Supplementary General Conditions
and
Technical Specifications
July 1995
Parkhill, Smith & Cooper, Inc.
Engineers • Architects • Planners
1,
pp
SECTION 00003
v
TABLE OF CONTENTS
CITY OF LUBBOCK, TEXAS
MUNICIPAL SOLID WASTE LANDFILL
' RECONTOURING OF CELL IV
i
NUMBER OF
PAGES
6
2
1
1
2
2
3
2
3
2
7
DIVISION 0 - CONDITIONS OF THE CONTRACT
r�
00805
Supplementary General Conditions
DIVISION 1 - GENERAL REQUIREMENTS
01010
Summary of Work
,P
01019
Contract Considerations
01025
Measurement and Payment
01039
Coordination and Meetings
01050
Field Engineering
01090
Reference Standards
r-
01300
Submittals
01400
Quality Control
01500
Construction Facilities and Temporary Controls
r ^
01560
Environmental Protection
01700
Contract Closeout
r
DIVISION 2 - SITE WORK
02265
Solid Waste Removal and Replacement
DIVISION 3 - CONCRETE
Not Required
DIVISION 4 - MASONRY
Not Required
DIVISIONS - METALS
Not Required
2748-95
00003-1
NUMBER OF
PAGES
6
2
1
1
2
2
3
2
3
2
7
fl"
M
l -
DIVISION 6 - WOOD AND PLASTICS
Not Required
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
Not Required
DIVISIONS -DOORS AND WINDOWS
Not Required
e
DIVISION 9 - FINISHES
r—
Not Required.
DIVISION 10 - SPECIALTIES
Not Required
DIVISION 11 - EQUIPMENT
Not Required
DIVISION 12 - FURNISHINGS
Not Required
DIVISION 13 - SPECIAL CONSTRUCTION
Not Required
DIVISION 14 - CONVEYING SYSTEMS
Not Required
DIVISION 15 - MECHANICAL
} Not Required
DIVISION 16 - ELECTRICAL
Not Required
2748-95 00003-2
NUMBER OF
PAGES
SECTION 00805
4
SUPPLEMENTARY GENERAL CONDITIONS
PART GENERAL
The following paragraphs identify and describe changes to specific paragraphs in the General
Conditions.
1.1 ADDITIONS, DELETIONS, AND REVISIONS
1.1.1 General Conditions "11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE",
delete the entire paragraph and replace with the following:
The Contractor will be furnished five (5) sets of the full-sized drawings and five (5) sets
of the specifications for use during construction. This shall include all plans and
specifications furnished to material suppliers and subcontractors but does not include
executed contract copies. Plans and specifications for use during construction will be
furnished directly only to the contractor.
1.1.2 General Conditions "13. LINES AND GRADES", add a second paragraph as follows:
All lines and grades (field surveys) furnished by the Owner's Representative are for
initial construction layout and final construction verification. If a portion of the work
fails and requires additional work by the Contractor, additional surveys will be provided
by the Owner's Representative at Contractor's expense. The Contractor shall be billed
directly for additional surveys by the surveyor , at the rates being paid by the Owner.
Failure of the Contractor to pay for additional surveys will result in a reduction of that
amount from the final payment.
1.1.3 General Conditions "21. OBSERVATION AND TESTING% add a fourth paragraph as
follows:
The Contractor shall pay all costs for pre -construction testing called for in the Technical
Specifications and for all failing tests during construction. The Owner shall pay for all
construction testing except for failed tests. The Contractor shall be billed directly for
failed tests by the testing laboratory at the rate per test being paid by the Owner.
Failure of Contractor to pay for failed tests will result in a reduction of that amount
from final payment.
1.1.4 General Conditions "26. RIGHT OF OWNER TO MODIFY METHODS AND
EQUIPMENT", delete the first paragraph of this section.
1.1.5 General Conditions "27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND
THE PUBLIC", modify as follows:
i I Delete the fourth sentence of the first paragraph, i.e., "The Contractor, his sureties...
including attorney's fees." and replace it with the following: "The Contractor, his
sureties and insurance carriers shall defend, indemnify and save harmless the Owner and
2748-95 00805-1
all of its officers, agents, including Engineer, and employees from all suits, actions, or
claims of any character whatsoever, brought for or on account of any injuries or .--
damages received or sustained by any person or persons or property, on account of any
negligent act or fault of the Contractor or any subcontractor, their agents or employees,
in the execution and supervision of said contract, and project which is the subject matter
of this contract, on account of the failure of the Contractor or any subcontractor to
provide necessary barricades, warning lights, or signs and will be required to pay any
judgment with costs which may be obtained against the Owner or any of its officers,
agents, including Engineer, or employees including attorney's fees."
1.1.6 General Conditions "28. CONTRACTOR'S INSURANCE", modify as follows:
A. Add the following paragraph after the first paragraph: . "All insurance, as
hereafter specified, shall include a waiver of subrogation against the Owner, the
Owner's agents, and the Owner's Engineer."
B. In addition to the City, the Engineer is to be named as an additional insured on
the Comprehensive General Liability Insurance, the Owner'sProtective or
Contingent Public Liability and Property Damage Liability Insurance, the
Comprehensive Automobile Liability Insurance and the Excess or Umbrella
Liability Insurance policies, and a copy of the endorsement doing the foregoing
is to be attached to the Certificates of Insurance for such policies.
C. The Engineer is to be named as an additional insured on the Builder's Risk
Insurance Policy, as its interests may appear.
1. 1.7 General Conditions "39. PROTECTION OF ADJOINING PROPERTY% modify as follows:
Delete the last sentence of the paragraph, i.e., "The Contractor agrees to... out of the
existence or character of the work." and replace it with the following: "The Contractor
agrees to indemnify, save and hold harmless the Owner and the Engineer against any
claim or claims for damages due to any adjacent or adjoining property arising or r_
growing out of the performance of this contract, but such indemnity shall not apply to
any claim of any kind arising out of the existence or character of the work."
1.1.8 General Conditions "53. SPECIAL CONDITIONS % modify as follows:
Delete the paragraph and replace it with the following: "In the event any special or
supplementary general conditions that are a part of the contract documents conflict with
any of the general conditions contained in this contract, then in such event the special _
or supplementary general conditions shall control."
1.2 Additional Paragraphs
1.2.1 General Conditions 56. CONSTRUCTION PROCEDURES AND SAFETY:"
Owner's Representative and the Engineer shall not specify construction or service -
related procedures and shall not manage, control or have charge of construction, nor
shall Owner's Representative or Engineer implement or be responsible for health or
safety procedures. Owner's Representative and Engineer shall not be responsible for
the acts or omissions of Contractor or ` other parties on the project and shall not be
2748-95 00805-2
responsible for construction means; methods, techniques, sequences, or procedures, nor
for precautions or programs. Ail of . these matters shall be the responsibility of the
ti Contractor. Owner's Representative's and Engineer's monitoring or review of portions
of the work performed under any construction contracts shall not relieve the Contractor
,.. from its responsibility for performing the work in accordance with the applicable
contract documents." Contractor shall defend, indemnify and hold harmless Owner,
I Engineer, their officials, officers, directors; consultants, agents and employees from and
�,.,. against all claims, damages, whether direct, indirect or consequential, losses and
expenses (including but not limited to attorney's fees and court costs) connected with
any illness, injury or loss to the person or property of Contractor, its subcontractors,
suppliers, their employees and agents, or any other person, arising out of or resulting
from Contractor's responsibilities under this paragraph; the foregoing shall apply
notwithstanding the negligence of any person or entity indemnified hereunder.
Not withstanding the above, the Contractor will not be required to indemnify the
Owner's Representative or the Engineer to causes arising out of the Engineer's negligent
acts, errors, or omissions.
1.2.2 General Conditions 57. RESIDENT PROJECT REPRESENTATIVE (RPR):
General: RPR is Engineer's agent at the site, will act as directed by and under the
supervision of Engineer, and will confer with Engineer regarding RPR's actions.
RPR's dealings in matters pertaining to the on-site work shall in general be with
Engineer and Contractor keeping Owner advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and approval of
Contractor. RPR shall generally communicate with Owner with the knowledge of and
under the direction of Engineer.
A. Duties and Responsibilities of RPR:
1. Schedules: Review the progress schedule, schedule of Shop Drawing
t•' submittals and schedule of values prepared by Contractor and consult with
Engineer concerning acceptability.
2. Conferences and Meetings: Attend meetings with Contractor, such as
preconstruction conferences, progress meetings, job conferences and other
project -related meetings.
3. Liaison:
f., a. Serve as Engineer's liaison with Contractor, working principally
through Contractor's superintendent and assist in understanding the
intent of the Contract Documents, and assist Engineer in serving as
., Owner's liaison with Contractor when Contractor's operations affect
t Owner's on-site operations.
b. Assist in obtaining from Owner additional details or information,
r
when required for proper execution of the Work.
2748-95 00805-3
B. Shop Drawings and Samples:
1. Record date of receipt of Shop Drawings and samples.
2. Receive samples which are furnished at the site by Contractor, and notify
Engineer of availability of samples for examination.
3. Advise Engineer and Contractor of the commencement of any Work
requiring a Shop Drawing or sample if the submittal has not been approved
by the Engineer.
C. Review of Work, Rejection of Defective Work, Inspections and Tests:
1. Conduct on-site observations of the Work in progress to assist Engineer in
determining if the Work is in general proceeding in accordance with the
Contract Documents.
l
2. Report to Engineer whenever RPR believes that any Work is
unsatisfactory, faulty or defective or does not conform to the Contract
Documents, or has been damaged, or does not meet the requirements of _.
any inspection, test or approval required to be made; and advise Engineer
of Work that RPR believes should be corrected or rejected or should be
uncovered for observation, or requires special testing, inspection or
approval.
3. Verify that tests, equipment and systems startups and operating and
maintenance training are conducted in the presence of appropriate
personnel, and that Contractor maintains adequate records thereof; and
observe, record and report to Engineer appropriate details relative to the
test procedures and startups.
4. Accompany visiting inspectors representing public or other agencies having
jurisdiction over. the Project, record the results of these inspections and
report to Engineer.
D. Interpretation of Contract Documents: Report to Engineer when clarifications
and interpretations of the Contract Documents are needed and transmit to
Engineer. Transmit to Contractor decisions as issued by Engineer.
E. Modifications: Consider and evaluate Contractor's suggestions for modifications
in Drawings or Specifications and report with RPR's recommendations to
Engineer. Transmit to Contractor decisions as issued by Engineer.
F. Records: �...
1. Maintain at the job site orderly files for correspondence, reports of job
conferences, Shop Drawings and samples, reproductions of original .-
Contract Documents including all Work Directive Changes, Addenda,
Change Orders, Field Orders, additional Drawings issued subsequent to the
execution of the Contract, Engineer's clarifications and interpretations of
2748-95 00805-4
4. Report immediately to Engineer and Owner upon the occurrence of any
accident.
K. Payment Requests: Review applications for payment with Contractor for
compliance with the established procedure for their submission and forward with
recommendations to Engineer, noting particularly the relationship of the payment
requested to the schedule of values. Work completed and materials and
equipment delivered at the site but not incorporated in the Work.
I. Certificates, Maintenance and Operation Manuals: During the course of the
Work, verify that certificates, maintenance and operation manuals and other data
required to be assembled and furnished by Contractor are applicable to the items
actually installed and in accordance with the Contract Documents, and have this
material delivered to Engineer for review and forwarding to Owner prior to final
payment for the Work.
J. Completion:
1. Before Engineer issues a Certificate of Substantial Completion, submit to
Contractor a list of observed items requiring completion or correction.
2. Conduct final inspection in the company of Engineer, Owner, and
Contractor and prepare a final list of items to be completed or corrected.
y
3. Observe that all items on final list have been completed or corrected and
ti
2748-95 00805-5
the Contract Documents, progress reports, and other Project related
documents.
2.
Keep a diary or log book, recording Contractor hours on the job site,
weather conditions, data relative to questions or Work Directive Changes,
Change Orders or changed conditions, list of job site visitors, daily
activities, decisions, observations in general, and specific observations in
A
more detail as in the case of observing test procedures; and send copies to
N
Engineer.
3.
Record names, addresses and telephone numbers of all Contractors,
subcontractors and major suppliers of materials and equipment.
G. Reports:
4
1.
Furnish Engineer periodic reports as required of progress of the Work and
j
of Contractor's compliance with the progress schedule and schedule of
i
Shop Drawing and sample submittals.
40^
2.
Consult with Engineer in advance of scheduled major tests, inspections or
' °t t
start of important phases of the Work.
3.
Draft proposed Change Orders and Work Directive Changes, obtaining
backup material from Contractor and recommend to Engineer Change
Orders, Work Directive Changes, and Field Orders.
4. Report immediately to Engineer and Owner upon the occurrence of any
accident.
K. Payment Requests: Review applications for payment with Contractor for
compliance with the established procedure for their submission and forward with
recommendations to Engineer, noting particularly the relationship of the payment
requested to the schedule of values. Work completed and materials and
equipment delivered at the site but not incorporated in the Work.
I. Certificates, Maintenance and Operation Manuals: During the course of the
Work, verify that certificates, maintenance and operation manuals and other data
required to be assembled and furnished by Contractor are applicable to the items
actually installed and in accordance with the Contract Documents, and have this
material delivered to Engineer for review and forwarding to Owner prior to final
payment for the Work.
J. Completion:
1. Before Engineer issues a Certificate of Substantial Completion, submit to
Contractor a list of observed items requiring completion or correction.
2. Conduct final inspection in the company of Engineer, Owner, and
Contractor and prepare a final list of items to be completed or corrected.
y
3. Observe that all items on final list have been completed or corrected and
ti
2748-95 00805-5
make recommendations to Engineer concerning acceptance.
K. Limitations of Authority:
Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or
substitution of materials or equipment, unless authorized by Engineer.
2. Shall not exceed limitations of Engineer's authority as set forth in the
Agreement or the Contract Documents.
3. Shall not undertake any of the responsibilities of Contractor, subcontractors
or Contractor's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any
aspect of the means, methods, techniques, sequences or procedures of
construction unless such advice or directions are specifically required by
the Contract Documents.
5. Shall not advise on, issue directions regarding or assume control over
safety precautions and programs in connection with the Work.
6. Shall not accept Shop Drawing or sample submittals from anyone other
than Contractor.
7. Shall not authorize Owner to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or inspections
conducted by others except as specifically authorized by Engineer.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
2748-95
END OF SECTION
00805-6
t"
e
SECTION 01010
SUMMARY OF WORK
PART1 GENERAL
1.1 SECTION INCLUDES
A. Work covered by Contract Documents
B. Contractor use of site.
C. Owner occupancy.
1.2 RELATED SECTIONS
A. General Conditions of the Agreement.
B. Section 00805 - Supplementary General Conditions.
+"` 1.3 WORK COVERED BY CONTRACT DOCUMENTS
A. Identification: City of Lubbock, Texas "Recontouring of Cell IV."
B. Location: City of Lubbock, Texas, Municipal Solid Waste Landfill, Cell IV.
C. Verbal Summary: Without force or effect on requirements of the Contract
Documents a brief background and description of the Project is as follows:
.tC s
r The project will consist of recontouring the shape of Cell IV by removing
previously landfilled solid waste and placing the waste in the lined area immediately
adjacent south of the project. Approximately 158,000 f cubic yards of solid waste
' will be moved and recompacted to the maximum elevations shown on the plans.
The project also includes litter control, placement of daily cover as necessary,
placement of 12 inches intermediate soil cover, landfill gas monitoring, odor
control, dust control, and erosion control
I{
1.4 CONTRACT TIME AND LIQUIDATED DAMAGES
A. The Contractor will be required to complete the project within 75 days from the
date of the Notice to Proceed.
r
B. Liquidated Damages will be incurred at the same rate as the fines, $500.00 per day
after the 75 -day contract time not including Engineer approved Weather Days.
1.5 CONTRACTOR USE OF SITE
A. Limit use of site to allow one Owner occupancy.
B. Construction Operations will be limited to areas adjacent to construction site as
designated by the Owner.
2748-95 01010-1
1.6 OWNER OCCUPANCY
A. The Owner will occupy the site during construction for the conduct of normal
operations.
B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations.
C. Schedule the Work to accommodate this requirement.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
2748-95 01010-2
SECTION 01019
CONTRACT CONSIDERATIONS
PART1 GENERAL
1.1 SECTION INCLUDES
A. Application for Payment.
B. Change. procedures.
1.2 RELATED SECTIONS
A. Section 01300 - Submittals.
1.3 APPLICATIONS FOR PAYMENT
A. Submit four copies of application to the Engineer.
B. Payment Period: As defined in Owner -Contractor agreement.
C. Waiver of liens from subcontractor.
1.4 CHANGE PROCEDURES
A. The Engineer will advise of minor changes in the Work not involving an adjustment
to Contract Sum/Price or Contract Time.
B. Execution of Change Orders: Engineer will issue Change Orders for signatures of
parties as provided in the General Conditions of the Contract.
1.5 ADDITIONAL CONSTRUCTION ACTIVITIES
There is an additional contract underway at the landfill. The additional contract involves
construction of a soil cap on Cells I and IIA. Contractor under this contract will
coordinate all work to avoid conflicts with the other Contractor.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
2748-95 01019-1
SECTION 01025
MEASUREMENT AND PAYMENT
PART 1 GENERAL
The lump sum price bid for this project, as stated in the proposal, shall include furnishing all labor,
superintendence, machinery, equipment, and appurtenances necessary or incidental to complete the
various items of work in accordance with the plans and specifications. Cost of work or materials
shown on the plans or called for in the specifications and for which no separate payment is made
shall be included in the lump sum bid price.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
2748-95 01025-1
SECTION 01039
COORDINATION AND MEETINGS
PART1 GENERAL
1.1 SECTION INCLUDES
A. Coordination.
B. Field engineering.
C. Site mobilization conference.
1.2 RELATED SECTIONS
A. General Conditions of the Agreement.
B. Section 00805 - Supplementary General Conditions.
1.3 COORDINATION
A. Coordinate scheduling, submittals, and Work of the various Sections of
specifications to assure efficient and orderly sequence of installation of
interdependent construction elements, with provisions for accommodating items
installed later.
B. Coordinate completion and clean up of Work of separate Sections in preparation for
Substantial Completion and for portions of Work designated for Owner's occupancy.
1.4 FIELD ENGINEERING
A. Control datum for survey is that shown on Drawings.
B. Provide field engineering services. Establish elevations, lines, and levels, utilizing
recognized engineering survey practices.
1.5 PRECONSTRUCTION CONFERENCE
A. Engineer will schedule a conference at the Project site prior to Contractor
occupancy.
B. Attendance Required: Owner, Engineer and Contractor's Superintendent.
C. Agenda:
1. Use of premises by Owner and Contractor.
2. Owner's requirements.
3. Construction facilities and controls provided by Owner.
4. Temporary utilities provided by Owner.
5. Survey layout.
6. Security and housekeeping procedures.
7. Schedules and Coordination.
8. Procedures for testing.
2748-95 01039-1
9. Procedures for maintaining record documents.
1.6 ADDITIONAL MEETINGS
A. A meeting shall be held at the work area on a date agreed upon by the Contractor,
Engineer and Owner's Representative. At minimum, the meeting will be attended
by the Contractor and the Engineer on a date agreed upon at the Preconstruction
Conference. The purpose of the meeting is to:
1. Review the work activity.
2. Discuss the Contractor's personnel assignment for the month.
3. Review the work schedule.
4. Discuss the possible problem areas and situations.
1.7 MEETINGS MINUTES
A. Contractor is responsible for preparing and distributing, to all parties in attendance,
copies of minutes of all scheduled meetings.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
2748-95 01039-2
w
r
SECTION 01050
FIELD ENGINEERING
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Survey Requirements - Owner
B. Survey Requirements - Contractor
C. Owner Option
1.2 RELATED SECTIONS
A. General Conditions of the Contract
B. Section 00805 - Supplementary General Conditions
1.3 SURVEY REQUIREMENTS - OWNER
The Owner will provide sufficient bench mark control on site for use by the Contractor.
1.4 SURVEY REQUIREMENTS - CONTRACTOR
The Contractor will provide all equipment and personnel necessary for layout of the work
and maintaining adequate survey control of the work. The Contractor will stake out all
cut and fill control stakes as necessary to perform the work. The Contractor will maintain
a qualified surveyor and field party at the job site during construction.
The Contractor will make any and all survey measurements and computations as necessary
to determine the status of work performed. All field notes, books, cross sections, and
other such records made by the Contractor shall be furnished to the Engineer for use in
verifying the extent of completed work.
1.5 PROGRESS SURVEY
Contractor is required to perform a progress survey every 30 days. Contractor will
prepare and submit cross sections at 100 foot intervals along project baseline.
1.6 OWNER OPTION
2748-95
The Owner may at any time provide a surveyor at Owner's expense for the purpose of
verification of Contractor's pay request, or lines and grades of the work. Contractor will
cooperate and allow Owner's surveyor access to project.
01050-11
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
2748-95 01050-2
SECTION 01090
REFERENCE STANDARDS
PART1 GENERAL
1.1 SECTION INCLUDES
A. Quality assurance.
B. Schedule of references.
1.2 RELATED SECTIONS
A. General Conditions of the Agreement.
B. Section 00805 - Supplementary General Conditions.
1.3 QUALITY ASSURANCE
A. For products or workmanship specified by association, trade, or Federal Standards,
comply with requirements of the standard, except when more rigid requirements are
specified or are required by applicable codes.
B. Conform to reference standard by date of issue current on date for receiving bids.
C. Obtain copies of standards when required by Contract Documents.
1.4 SCHEDULE OF REFERENCES
ASTM American Society for Testing and Materials
1916 Race Street
Philadelphia, PA 19103
NSWMA National Solid Wastes Management Association
1730 Rhode Island Ave., N.W.
Washington, DC 20036
TNRCC Texas Natural Resource Conservation Commission
Box 13087
Austin, Texas 78711-3087
PART 2 PRODUCTS
Not Used
2672-95 01090-1
PART 3 EXECUTION
Not Used
2672-95
END OF SECTION
01090-2
SECTION 01300
SUBMITTALS
PART1 GENERAL
1.1 SECTION INCLUDES
A. Submittal procedures.
B. Resubmittal requirements.
C. Construction progress schedules.
D. Proposed equipment list.
E. Safety plan.
F. Storm Water Management Plan
1.2 RELATED SECTIONS
A. General Conditions of the Agreement.
B. Section 00805 - Supplementary General Conditions.
C. Section 01400 - Quality Control: Manufacturers' field services and reports.
D. Section 01700 - Contract Closeout.
1.3 SUBMITTAL PROCEDURES
A. Transmit each submittal with Contractor's standard transmittal letter including
Contractor's name, address and phone number.
B. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and
detail number(s), and specification Section number, as appropriate.
C. Apply Contractor's stamp, signed or initialed certifying that review, verification of
Products required, field dimensions, adjacent construction Work, and coordination
of information, is in accordance with the requirements of the Work and Contract
Documents.
D. Schedule submittals to expedite the Project, and deliver to Engineer at his business
address. Coordinate submission of related items.
E. Identify variations from Contract Documents and Product or system limitations
which may be detrimental to successful performance of the completed Work.
F. Provide space for Contractor and Engineer review stamps.
G. Distribute copies of reviewed submittals to concerned parties. Instruct parties to
promptly report any inability to comply with provisions.
1.4 RESUBMITTAL REQUIREMENTS
2748-95
9
A. Revise initial submittal as required identifying all changes made since previous
submittal and resubmit to meet requirements as specified.
B. Mark as RESUBMITTAL.
01300--1
1.5 CONSTRUCTION PROGRESS SCHEDULES
A. Submit initial progress schedule in duplicate within 10 days after date established in
Notice to Proceed for Engineer review.
B. Revise and resubmit as required.
C. Indicate submittal dates required for shop drawings, product data, samples, and
product delivery dates.
1.6 PROPOSED EQUIPMENT LIST
A. Within 10 days after date of Notice to Proceed, submit complete list of major
equipment proposed for use, with name of manufacturer, trade name, and model
number of each product.
1.7 SAFETY PLAN
A. Submit prior to commencement of the Work.
B. Submit methods and means to be employed that will ensure the safety of all
Contractor's employees, City of Lubbock employees and the general public.
C. Plan must address all work activities anticipated on the project including but not
limited to all waste removal activities such as dozer operations, excavation
operations, compaction operations, etc. Suggested categories are:
1. Dozer/Pushing Operations. _
2. Excavator Operations.
3. Compaction Operations.
D. Contractor is responsible for complying with all applicable local, state and federal
standards and regulations.
1.8 STORM WATER POLLUTION PREVENTION PLAN
A. Submit plan 15 days after date of Notice to Proceed.
B. Plan must comply with requirements of "NPDES General Permits for Storm Water
Discharges From Construction Activities that are classified as 'Associated With
Industrial Activity'" as published in the September 9, 1992 Federal Register,
Volume 57, No. 175. _
C. Submit Notice of Intent (NOI) and Notice of Termination (NOT) forms to the EPA,
with copies to the Owner and Engineer.
1.9 TRAFFIC CONTROL PLAN
A. Contractor will prepare and submit a traffic control plan that clearly indicates work
areas, haul routes, etc. Plan must indicate warning signs and barricades to alert and
prevent the general public from unauthorized entry into the work area.
2748-95 01300-2
i
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not used
END OF SECTION
F
r
F
2748-95
01300-3
r
SECTION 01400
QUALITY CONTROL
PART1 GENERAL
1.1 SECTION INCLUDES
A. Quality assurance and control of installation.
B. Inspection of progress.
1.2 RELATED SECTIONS
A. General Conditions of the Agreement.
B. Section 00805 - Supplementary General Conditions.
C. Section 01300 - Submittals.
1.3 QUALITY ASSURANCE/CONTROL OF INSTALLATION
A. Monitor quality control over suppliers, manufacturers, products, services, site
conditions, and workmanship, to produce work of specified quality.
B. Comply fully with manufacturers' instructions, including each step in sequence.
C. Should manufacturers' instructions conflict with Contract Documents, request
clarification from Engineer before proceeding.
D. Perform work by persons qualified to produce workmanship of specified quality.
1.4 INSPECTION AND TESTING LABORATORY SERVICES
A. Owner will appoint, employ, and pay for services of an independent firm to perform
inspection and testing services.
B. The independent firm will perform inspections, tests, and other services specified as
required by the Owner and Engineer.
C. Reports will be submitted by the the independent firm to the Engineer, in triplicate,
indicating observations and results of tests and indicating compliance or
non-compliance with Contract Documents.
D. Retesting, required because of non-conformance to specified requirements, shall be
performed by the same independent firm on instructions by the Engineer. Payment
for retesting will be charged directly to the Contractor.
PART 2 PRODUCTS
Not Used
2748-95 01400-1
PART 3 EXECUTION
Not Used.
END OF SECTION
2748-95 01400-2
rroll
t
r
SECTION 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART1 GENERAL
1.1 SECTION INCLUDES
A. Temporary Utilities: Electricity, water, and sanitary facilities.
B. Temporary Controls: Barriers, water control, protection of the Work, and security.
C. Construction Facilities: Progress cleaning and removal of utilities.
1.2 RELATED SECTIONS
A. General Conditions of the Agreement.
B. Section 00805 - Supplementary General Conditions.
C. Section 01700 - Contract Closeout: Final cleaning.
1.3 TEMPORARY ELECTRICITY
A. Provide temporary electric feeder from the existing electrical service as needed for
Contractor's operations.
^, B. Owner will pay cost of energy used. Exercise measures to conserve energy.
C. Provide power outlets for construction operations, with branch wiring and
distribution boxes located as required by Contractor's operations: Provide flexible
power cords as required.
D. Provide main service disconnect and overcurrent protection at convenient location
in conformance with National Electrical Code.
1.4 TEMPORARY WATER SERVICE
A. Connect to existing water source, as directed by the Owner for construction
operations.
B. Owner will pay cost of water used. Exercise measures to conserve water.
1.5 TEMPORARY SANITARY FACILITIES
A. Provide and maintain required facilities and enclosures.
B. Permanent building facilities shall not be used during construction operations.
Maintain daily in clean and sanitary condition.
1.6 LANDFILL GAS MONITORING
d
2748-95
Provide all necessary gas monitoring equipment and trained personnel to monitor all
landfill gasses specified in Section 02265 on a daily basis through the Contract period.
01500-1
1.7 WEATHER MONITORING
Provide all necessary weather monitoring equipment capable of determining wind speed,
direction, and temperature. Equipment must contain an alarm system to alert Contractor
if wind speed exceeds 20 knots. `
1.8 BARRIERS
Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's
use of site, and to protect existing facilities and adjacent properties from damage from
construction operations and demolition.
1.9 WATER CONTROL
A. Grade site to drain. Maintain excavations free of water.
B. Protect site from puddling or running water. Provide water barriers as required to
protect site from soil erosion.
1.10 PROTECTION OF INSTALLED WORK
Protect installed Work and provide special protection where specified in individual
specification Sections.
1.11 SECURITY
Provide security and facilities to protect Work from unauthorized entry, vandalism, or
theft.
1.12 PROGRESS CLEANING
A. Maintain adjacent areas free of waste materials, debris, and rubbish. Maintain site
in a clean and orderly condition.
B. Remove waste materials, debris, and rubbish from site and dispose on existing
working face at intervals as required to maintain clean site.
1.13 REMOVAL OF UTILITIES
Restore existing facilities used during construction to original condition. Restore
permanent facilities used during construction to specified condition.
1.14 SITE ACCESS
Owner will provide access to the site from a gate located west of the site along the
northern property line. Gate access is for Contractor's use only. Gate will remain closed
and locked when not in use. Contractor is responsible for controlling unauthorized use
of the gate.
2748-95 01500-2
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
2748-95 01500-3
SECTION 01560
ENVIRONMENTAL PROTECTION
PART 1 GENERAL
1*
1.1 REFERENCES
The publications listed below form a part of this specification to the extent referenced.
The publications are referred to in the text by the basic designation only.
CODE OF FEDERAL REGULATIONS (CFR)
29 CFR 1910 -SUBPART G Occupational Health and Environmental Control
CORPS OF ENGINEERS (COE)
COE EP -1165-2-304 1976 Flood Plain Regulations for Flood Plain
Management
1.2 DEFINITIONS
2748-95 01560-1
A.
Sediment
Soil and other debris that have eroded and have been transported by runoff water or
wind.
B.
Solid Waste
Rubbish, debris, garbage, and other discarded solid materials resulting from
industrial, commercial, and agricultural operations and from community activities.
C.
Rubbish
Combustible and noncombustible wastes such as paper, boxes, glass, crockery,
metal, lumber, cans, and bones.
roll
D.
Debris
Combustible and noncombustible wastes such as ashes and waste materials resulting
from construction or maintenance and repair work, leaves, and tree trimmings.
E.
Chemical Wastes
This includes salts, acids, alkalies, herbicides, pesticides, organic chemicals, and
spent products which serve no purpose.
F.
Sanitary Wastes
t
1. Sewage
Wastes characterized as domestic sanitary sewage.
2. Garbage
Refuse and scraps resulting from preparation, cooking, dispensing, and
consumption of food.
G.
Oily Waste
k
Petroleum products and bituminous materials.
2748-95 01560-1
c
1.3 ENVIRONMENTAL PROTECTION REQUIREMENTS
Provide and maintain, during the life of the contract, environmental protection as defined.
Plan for and provide environmental protective measures to control pollution that develops
during normal construction practice. Plan for and provide environmental protective
measures required to correct conditions that develop during the construction of permanent
or temporary environmental features associated with the project. Comply with Federal,
state, and local regulations pertaining to the environment, including but not limited to
water, air, and noise pollution.
A. Storm Water Pollution Prevention Plan (SWPPP)
Prepare and comply with SWPPP in accordance with "NPDES General Permits for
Storm Water Discharges From Construction activities that are classified as
'Associated with Industrial Activity'", Federal Register, Vol. 57, No. 175,
September 9, 1992. Submit SWPPP to Engineer within 15 days after Notice to
Proceed.
B. Preconstruction Survey
Perform a preconstruction survey of the project site with the Engineer. Photographs
must be taken to document existing conditions in and adjacent to the site.
PART 2 PRODUCTS
Not used.
PART 3 EXECUTION
3.1 PROTECTION OF NATURAL RESOURCES
Preserve the natural resources within the project boundaries and outside the limits of
permanent work. Restore to an equivalent or improved condition upon completion of
work. Confine construction activities to within the limits of the work indicated or
specified.
A. Land Resources
Except in areas to be cleared, do not remove, cut, deface, injure, or destroy trees
or shrubs without the Engineer's permission. Do not fasten or attach ropes, cables, _
or guys to existing nearby trees for anchorages unless authorized by the Engineer.
Where such use of attach ropes, cables, or guys is authorized, the Contractor shall
be responsible for any resultant damage.
1. Protection
Protect existing trees which are to remain and which may be injured, bruised,
defaced, or otherwise damaged by construction operations. Remove displaced
rocks from uncleared areas. By approved excavation, remove trees with 30
percent or more of their root systems destroyed.
2748-95 01560-2
2. Replacement
Remove trees and other landscape features scarred or damaged by equipment
operations, and replace with equivalent, undamaged trees and landscape
features. Obtain Engineer's approval before replacement.
3. Temporary Construction
Remove traces of temporary construction facilities such as haul roads, work
ureas, structures, foundations of temporary structures, stockpiles of excess or
waste materials, and other signs of construction. Grade temporary roads,
parking areas, and similar temporarily used areas to conform with surrounding
contours.
B. Water Resources
1. Oily Wastes
Prevent oily or other hazardous substances from entering the ground, drainage
areas, or local bodies of water. Surround all temporary fuel oil or petroleum
storage tanks with a temporary earth berm of sufficient size and strength to
contain the contents of the tanks in the event of leakage or spillage.
C. Fish and Wildlife Resources
Do not disturb fish and wildlife. Do not alter water flows or otherwise significantly
disturb the native habitat adjacent to the project and critical to the survival of fish
and wildlife, except as indicated or specified.
3.2 HISTORICAL AND ARCHAEOLOGICAL RESOURCES
A. Carefully protect in-place and report immediately to the Engineer historical and
archaeological items or human skeletal remains discovered in the course of work.
Stop work in the immediate area of the discovery until directed by the Engineer to
resume work. If historical and archaeological resources such as artifacts (stone
tools), features (stone walls), deposits (sea shells and charcoal stained soil), human
bones and other cultural remains are encountered, stop that portion of work and
notify the Engineer immediately. Within thirty-six (36) hours the Owner will
determine if a change pursuant to the Contract should be issued or to direct the
Contractor to proceed without change. No adjustment in contract price or
completion time will be allowed for delays that do not exceed thirty-six (36) hours
from the time the Contractor is notified to stop work. The Owner retains ownership
and control over historical and archaeological resources.
B. There is an existing archaeological site adjacent to the project site on the north side
of the site. It is mandatory that all construction activities be coordinated to avoid
adverse impact on the site. Contractor is responsible for any unauthorized
destruction that might result to the restricted area by construction personnel.
3.3 EROSION AND SEDIMENT CONTROL MEASURES
A. Burnoff
Burnoff of the ground cover is not permitted.
2748-95 01560-3
B. Borrow Areas
Manage and control borrow areas to prevent sediment from entering nearby streams
or lakes. Restore areas, including those outside the borrow areas, disturbed by
borrow and haul operations. Restoration includes grading, replacement of topsoil,
and establishment of a permanent vegetative cover.
C. Protection of Erodible Soils
Immediately finish the earthwork brought to a final grade, as indicated or specified.
Immediately protect the side slopes and back slopes upon completion of rough
grading. Plan and conduct earthwork to minimize the duration of exposure of
unprotected soils.
D. Temporary Protection of Erodible Soils
Mechanically retard and control the rate of runoff from the construction site. This
includes construction of diversion ditches, benches, and berms to retard and divert
runoff to protected drainage courses.
3.4 CONTROL AND DISPOSAL OF SOLID AND SANITARY WASTES
This section applies to solid waste generated by contractor and/or contractor's employees,
not waste relocated under this contract. Pick up solid wastes, and place in containers
which are regularly emptied. Do not prepare, cook, or dispose of food on the project site.
Prevent contamination of the site of other areas when handling and disposing of wastes.
On completion, leave the areas clean. Control and dispose of waste.
A. Disposal of Rubbish and Debris
Dispose of rubbish and debris not associated with the project (such as waste from
food, miscellaneous debris, etc.) in a designated container.
B. Garbage Disposal
Place garbage in approved containers, and move to a pickup point or disposal area,
where directed.
3.5 DUST CONTROL
Contractor will be fully responsible for dust control along all haul roads and in the
excavation area. Keep dust down at all times, including during nonworking periods.
Sprinkle or treat, with dust suppressants, the soil at the site, haul roads, and other areas
disturbed by operations.
3.6 ASBESTOS CONTAINING MATERIALS (ACM)
ACMs are expected to be encountered. However, these materials, consisting of shingles,
siding, floor tile, etc., are considered to be non -friable. Contractor will continuously
monitor materials for ACMs, and if friable ACM is encountered, the material must be
immediately watered and contact the Engineer for contingency plan.
END OF SECTION
2748-95 01560-4
0
SECTION 01700
CONTRACT CLOSEOUT
PART GENERAL
1.1 SECTION INCLUDES
A. Closeout procedures.
B. Final cleaning.
C. Project record documents.
D. Warranties.
1.2 RELATED SECTIONS
A. General Conditions of the Agreement.
B. Section 00805 - Supplementary General Conditions.
C. Section 01500 - Construction Facilities and Temporary Controls: Progress cleaning.
1.3 CLOSEOUT PROCEDURES
A. Submit written certification that Contract Documents have been reviewed, Work has
been inspected, and that Work is complete in accordance with Contract Documents
and ready for Engineer's inspection.
B. Provide submittals to Engineer that are required by governing or other authorities.
C. Submit final Application for Payment identifying total adjusted Contract Sum,
previous payments, and sum remaining due.
1.4 FINAL CLEANING
A. Execute final cleaning prior to final inspection.
B. Remove waste and surplus materials, rubbish, and construction facilities from the
site.
1.5 PROJECT RECORD DOCUMENTS
A. Maintain on site, one set of the following record documents; record actual revisions
to the Work:
1. Contract Drawings.
2. Specifications.
3. Addenda.
4. Change Orders and other Modifications to the Contract.
B. Store Record Documents separate from documents used for construction.
C. Record information concurrent with construction progress.
D. Submit documents to Engineer with claim for final Application for Payment.
2748-95 01700-1
i
PART 2 PRODUCTS
Not used
PART 3 EXECUTION
Not used
END OF SECTION
2748-95 01700-2
f
I
SECTION 02265
SOLID WASTE REMOVAL AND REPLACEMENT
PART GENERAL
1.1 SECTION INCLUDES
A. Waste Excavation.
B. Waste Hauling.
C. Waste Placement and Compaction.
D. Daily and Final Soil Cover.
1.2 REFERENCES
A. Texas Natural Resource Conservation Commission (TNRCC) 30 TAC 330.
Municipal Solid Waste Regulations (MSWMR).
B. City of Lubbock Municipal Solid Waste Landfill Permit, TNRCC Permit No. 0069.
1.3 DEFINITIONS
A. Solid Waste - Material resulting from municipal activities including garbage,
rubbish, ashes, street cleanings, dead animals, and all other miscellaneous waste
other than industrial.
B. Daily Cover - Well compacted earthen material, 6 inches thick, not previously mixed
with garbage, rubbish, or other solid waste, or approved alternative material (i.e.,
geotextile).
C. Intermediate Cover - Well compacted earthen material, 12 inches thick, not
previously mixed with garbage, rubbish, ashes, street cleanings, dead animals, and
all other miscellaneous waste other than industrial.
D. Contaminated Runoff - Rainfall runoff that comes in contact with exposed solid
waste is considered contaminated and must be contained on top of the waste to
prevent discharge onto adjacent area.
E. Excavation Area - Areas that waste will be exposed and removed by excavating or
pushing by contractors forces.
F. Lined Receiving Area - Area that has been properly lined and will receive all waste
from excavation operations.
1.4 SOLID WASTE
2748-95
A. Waste that is to be exhumed and moved is approximately one year in age. Most
waste was placed after May, 1994.
B. The City of Lubbock landfill is permitted to receive only residential and some
commercial type wastes typical of that generated by these sources, as well as some
non -hazardous Class II industrial waste. The landfill has not knowingly accepted
any hazardous wastes, friable asbestos material, or polychlorinated biphenyls
(PCB's).
02265-1
C. The following "Special Wastes" may be present.
1. Dead animals.
2. Stabilized sludges from wastewater treatment plants co -disposed with other _
solid waste in accordance with the MSWMR.
3. Special waste from health-care related facilities which have been treated in
accordance with procedures specified in 30 TAC 330.1007-330.1009.
4. Non -friable asbestos material.
5. Wastes which are approved by TNRCC through "Request for Authorization for
Disposal of a Special Waste".
1.5 SUBMITTALS
A. Submit in accordance with Section 01300, Submittals.
B. Submit list of proposed equipment to be used for the Work described in this Section
including, but not limited to, equipment used for waste excavation, waste loading, _
waste hauling, waste compaction, etc.
C. Submit proposed schedule for accomplishing the Work described in this Section.
D. Submit Safety Plan in accordance with Section 01300, Submittals.
E. Submit Alternate Daily Cover (if applicable).
1.6 EXISTING SITE
The site is currently operated as the City of Lubbock, Texas Municipal Solid Waste
Landfill. Coordinate with Landfill Superintendent so that daily operations may continue
without interruptions. Contractor must comply with all landfill rules while onsite.
1.7 WEATHER LIMITATIONS
Work will be stopped in the event of heavy rain or during periods of high sustained winds
in excess of 20 knots. All work areas will be covered until the weather delay is past.
PART 2 PROJECT REQUIREMENTS
2.1 DAILY COVER REQUIREMENTS
A. Excavation Locations - Waste exposed from excavation operations may not be left
exposed for periods exceeding four (4) hours. If the Contractor leaves an area
unworked for periods exceeding four (4) hours, then the exposed waste must be
covered with a proper daily cover. Daily cover may be as defined in Section 1.3
of this specification.
B. Lined Waste Receiving Area - Waste pushed or hauled into the lined area will be
required to be covered with 6 -inches of earthen material once every 24 hour day.
C. Earthen Material -This material is available onsite and will be provided to the
Contractor at no cost.
D. Alternate Cover. Submit material information in accordance with Section 01300,
Submittals prior to use.
1. Type: Woven or nonwoven.
2748-95 02265-2
2. Material: Polyester or Polypropylene.
3. Minimum Unit Weight: 9.0 ounces per square yard.
2.2 INTERMEDIATE COVER
On-site earthen material available to the Contractor at no cost.
2.3 RECOMMENDED EQUIPMENT GUIDE
A. Utilize equipment appropriate for the intended use. Due to the nature of this project,
harsh environmental conditions will be experienced. Contractor will be responsible
for providing and maintaining equipment in a manner that will allow completion of
this project within the contract time stated.
B. Major Equipment Guide List. Contractor is recommended to be capable of
supplying equipment equal to the following. Actual number of each is to be
determined by the Contractor.
1. Excavator - Caterpillar 235 or equal.
2. Dozers - Caterpillar D-9 or equal, prefer D-10 or equal.
3. Compactors - Caterpillar 816 or equal, (minimum 45,000 lb operating weight).
4. Water Tank Truck - 3,500 gal min. (for fire purposes only).
5. Water Wagon - 5,000 gal. min. (for dust suppression only).
C. Spark arrestors are required on all equipment exhaust systems.
2.4 LITTER CONTROL FENCES
r
2748-95
r
A. The General Contractor is required to provide litter control fences downwind of the
working area. Fences must be kept downwind at all times. Two layers of fences
are required, a primary fence and a secondary. Contractor is required to maintain
these fences in a good condition to minimize blowing litter.
1. Material fence: PVC or steel.
2. Screen size: 2 inch maximum.
3. Supporting structure: 2 inch steel pipe.
4. Design wind speed: 40 mph.
B. Primary Fence
1. Minimum height: 3 feet.
2. Location: immediately downwind to working face at a distance not greater
than 25 feet away.
3. Minimum length of fence required: 25 percent longer than the longest
dimension of the working face as measured normal to the direction of the wind.
C. Secondary Fence
1. Minimum height: 8 feet.
2. Location: 150 feet downwind from the primary fence.
3. Minimum length of fence required: 50 percent longer than the longest
dimension of the working face as measured normal to the direction of the wind.
02265-3
2.5 ODOR CONTROL
Contractor will be required to spray an odor neutralizer on exhumed areas and all disposal _
areas that have not received intermediate cover. Odor neutralizing agent shall be Enviro-
Chem as manufactured by Monsanto Company or approved equal. Contractor will apply
material based on manufacturers recommended procedures at Contractor's expense.
A. Exhumation Area Odor Control
1. Dilution Rate: 1 gallon of odor neutralizer per 150 gallons of water.
2. Treatment Rate: 1 gallon of diluted solution per 85 cubic yards of waste.
B. Relocated Area Odor Control
L Dilution Rate: 1 gallon of odor neutralizer per 500 gallons of water.
2. Treatment Rate: 1 gallon of diluted solution per 100 square feet of landfill
surface.
2.6 EROSION CONTROL REVETMENTS
A. The drainage swale will be protected by the installation of an integral block locking _
system. The blocks are constructed of concrete and rest on a geotextile filter fabric.
Blocks may be preassembled in mats to facilitate construction.
B. Interlocking blocks
1. Type: TRI -LOCK (American Excelsior Company) or equal.
2. Concrete Strength: 3,000 psi.
3. Block Height: 4 -inches.
4. Module Size: 16 -inches.
5. Weight per square foot: 32 pounds.
6. Weight of block pair: 50 pounds.
C. Filter Fabric
1. Type: Woven.
2. Supporting Strength: Capable of supporting not less than 1.5 times the weight
of a mat when slung by lifting at the ends.
3. Weight of fabric: 8.0 ounces per square yard.
2.7 LITTER PICKUP
Contractor will have employees available to pick up all wind blown waste that has blown
around the primary and secondary wind fences. Contractor's employees will be required
to pick up all blown litter from project site both on site and offsite of the Owner's
property.
2.8 WORKER CLOTHING
All contractor employees will be required to wear long sleeve shirts, gloves and protective
eye wear.
2748-95 02265-4
v
PART 3 EXECUTION
3.1 VERIFICATION OF SITE CONDITIONS
Contractor will be responsible for visiting site and becoming aware of all existing site
conditions, adjacent routes, regulatory requirements, etc. The south half of the project
may be performed by pushing the waste into the lined area for disposal. The north half
will have to be excavated and hauled to the lined area for disposal.
3.2 WORK SEQUENCE
A. Existing soil cover removal. This operation will only occur prior to initial waste
removal over the waste area. Contractor will remove existing cover soil that varies
in thickness from 6± inches to 30 f inches (quantity unknown). Care must be
taken to avoid contamination with solid waste. All uncontaminated soil must be
stockpiled at a location shown on the plans. Soil contaminated with visible waste
must be placed on the lined area.
B. Remove and stockpile uncontaminated soil cover material prior to exhumation of
waste.
C. Verify wind direction and speed. Place all litter control fences as required prior to
the exhumation of waste.
D. Coordinate, with Engineer and Owner, placement of the waste in the lined cell as
shown on the plans.
3.3 WASTE EXCAVATION PROCEDURE
A. Exhume waste in such a manner to minimize blowing litter, odors, contaminated
run-off or any other action that could be considered a threat to the public's safety
or a public nuisance. Contractor will be responsible for controlling litter by means
of litter fences, crews, etc.
B. Exhume waste in a safe manner, so as not to endanger the public, Owner employees
or Contractor's employees.
C. Exhume waste in an orderly manner, working small areas at a time to reduce the
potential of blowing litter.
D. Following removal of waste, compact area to minimum of 1,000 pounds per cubic
yard until area is free of loose waste and is smoothed to receive intermediate cover.
3.4 CONTAMINATED RUNOFF PREVENTION
Contractor is required to work in a manner that prevents contaminated runoff. Work area
should be sloped downward from north to south as much as possible to keep contaminated
water over lined areas. All work north of the grade break must be protected by earthen
berms of size capable of retaining runoff from a 25 year, 24 hour storm.
3.5 LANDFILL GAS MONITORING
The Contractor is required to monitor for presence of landfill gas in the work area on a
daily basis. If gas is detected that exceeds the allowable, the Contractor must cease all
r
2748-95
02265-5
operations in the vicinity of "hot" location and move to an area that has lower readings.
Work will not resume in the "hot" location until the level of gas is lower than the
allowable.
All readings will be taken on the exhumation working face at no less than five locations
across the entire area and at a point 12 to 18 -inches above the work face. Readings will
be taken at the beginning of the day, mid morning, immediately after lunch break and
again in mid afternoon. Contractor will maintain a log book that shows date, time,
location and gas reading.
A.
B.
Methane Gas maximum allowable reading: 5 percent by volume.
Hydrogen Sulfide maximum allowable reading: 10 parts per million.
3.6 ODOR CONTROL
During exhumation process odor must be controlled by daily application of odor
neutralizer. The odor neutralizer will be required on all exposed waste in the exhumation
area and relocated area until the waste is covered with the 12 -inch thick intermediate soil
cover. Odor neutralizer will be sprayed on a twice daily basis at the locations and rates
specified. Odor neutralizer will be sprayed prior to beginning each work day, and at the
end of each day.
A. Morning Application: Apply prior to beginning work.
1. Exhumation Area. Apply at rate in Section 2.5.A.
2. Relocated Area. Apply at rate in Section 2.5.B.
B. Afternoon Application: Apply at the end of the day prior to placement of daily
cover.
1. Exhumation Area. Apply at rate in Section 2.5.13.
2. Relocated Area. Apply at rate in Section 2.5.B.
3.7 WEATHER DELAY
Should weather conditions cause operations to be postponed, Contractor will properly
cover work area with approved material in Section 2. 1, except for weather delays that
exceed 24 hours. In the case of a 24 hour or longer delay, Contractor is required to
cover all exposed waste with 6 inches of earthen material at no additional cost to the
Owner. Contractor will take appropriate measures to contain rainfall surface runoff from
the active working face in the event of inclement weather.
3.8 HAULING OF WASTE
A. Coordinate with Owner for the establishment of haul routes. Under no
circumstances will waste be removed outside the permitted boundary of the City of
Lubbock Municipal Solid Waste Landfill.
B. Utilization of side -boards on dumptrucks is permitted provided the side -boards are
designed and installed to industry standards and in accordance with all pertinent
regulations.
2748-95 02265-6
i
C. Employ measures to reduce blowing litter while in transit. Contractor will be
[ responsible for controlling and picking up litter that occurs as a result of hauling
activity.
3.9 WASTE PLACEMENT AND COMPACTION
A. Move waste to the lined receiving area shown on the Drawings.
B. Place moved waste in 3 foot lifts maximum. Immediately compact with equipment
manufactured for compacting solid waste in landfills.
C. Contractor will compact all waste until the waste has been densified to a minimum
uniform density of 1,000 lb/cy.
D. If compaction does not appear adequate to the Engineer or the Engineer's
representative, a section of waste will be delineated, excavated and weighed by
Owner. All surveys necessary will be made by Owner. If waste is not at or above
the specified density, Contractor will recompact waste in the vicinity of the
delineated area.
3.10 DAILY AND INTERMEDIATE SOIL COVER PLACEMENT
A. Place 6 inch earthen soil or approved alternate daily cover or intermediate soil cover
(12" minimum) only after an appropriate amount of compaction has been achieved.
B. Daily cover will be placed on the waste and compacted enough to prevent wind and
{. water erosion. Intermediate cover placed on the waste, and compacted enough to
prevent wind and water erosion, then smoothed to the final grades shown on the
drawings.
7
3.11 EROSION CONTROL REVETMENT INSTALLATION
2748-95
A. Subgrade will be bladed to the grades shown.
B. Subgrade will be compacted to 90% Standard Proctor.
C. Place revetments per manufacturer's instructions.
D. Backfill all revetment void spaces with soil a minimum rate of one cubic yard of soil
to 200 square feet of revetment area.
E. In the event backfill is delayed, contractor must place a minimum of one cubic yard
of soil to 500 square feet to protect the filter fabric from W rays. Complete so all
fabric is covered.
END OF SECTION
02265-7