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HomeMy WebLinkAboutResolution - 4449 - Contract - Rhode Construction Company - TDCJ Psychiatric Facility Lift Station - 04_14_1994Resolution No.4449 April 14, 1994 Item #28 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Rhode Construction Company of Lubbock to furnish and install all materials as bid for the Texas Department of Criminal Justice Psychiatric Facility Lift Station 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 14 th ATTEST: Betty M. lohnson(Xity Secretary APPROVED AS TO CONTENT: Victor Kilman urchasing Manager APPROVED AS TO Assistant City Attorney DGVdp\ccd=\RH01>E21Zm April 6.1994 day of April 1994. CITY OF LUBBOCK SPECIFICATIONS FOR TDCJ PSYCHIATRIC FACILITY LIFT STATION BID #12871 «,fl 06(- 6y A' A� --� / -/ �/�/-` ,, CITY OF LUBBOCK Lubbock, Texas CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: TDCJ PSYCHIATRIC FACILITY LIFT STATION ADDRESS: LUBBOCK, TEXAS BID NUMBER: 12871 PROJECT NUMBER: 1481-553103-9781 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID PROPOSAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITIONS NOTICE OF ACCEPTANCE L- L..._: t-- L- L L-- L- L--' [.�_: t- L- L.W. L._: L--- t- L_ L- L---' r NOTICE TO BIDDERS BID #12871 Sealed bids addressed to Laura Ritchie, Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 3:00 o'clock n.m. on the 17th day of March,1994, 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: TDCJ PSYCHIATRIC FACILITY LIFT STATION After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of 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 24th day of March, 1994, 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 100% 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 Bast Rating of @ or Saripr, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a 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. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages '.., included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidders 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. f r 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. There will be a pre -bid conference on loth day of March,1994, at 9:00 o'clock a.m., in the Purchasing Conference Room L-04, 1625 13th Street, Lubbock, Texas. 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. CITY OF LUBBOCK Laura Ritchie BUYER ADVERTISEMENT FOR BIDS BID # 12871 Sealed bids addressed to Laura Ritchie, Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 3:00 o'clock a.m. on the 17th day of March,1994, 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: TDCJ PSYCHIATRIC FACILITY LIFT STATION After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and publicly read aloud. The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into r 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. There will be a prebid conference on the kith day of March,1994, at 9:00 a.m., in the Purchasing Conference Room L-04, 1625 13th Street, Lubbock, Texas. 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. CITY OF LUBBOCK Laura Ritchie BUYER GENERAL INSTRUCTIONS TO BIDDERS I r f r .M GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the TDCJ Psychiatric Facility Lift Station. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 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 the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 180 (One Hundred Eighty) 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. S. PAYMENT 6. r• 7 All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 8. 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). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished 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. 10. 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 arty 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 proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11, TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which Wright or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. 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 F 7- 15. 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. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) is 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. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written 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. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vemon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct .or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or 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. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals 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. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes 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 proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 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 Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. r f r BID PROPOSAL r i BID PROPOSAL BID FOR UNIT PRICE PLACE: L u d b o /Z , , !n ,� DATE: l 'J a r c h / 'Zl, / GJ 4 4-- PROJECT NO: 12871- TDCCJ PSYCHIATRIC FACILITY LIFT STATION Proposal of %?! C d e' (hereinafter called "Bidder*) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called "Owner") Gentlemen: The Bidder in compliance with your invitation for bids for TDCJ PSYCHIATRIC FACH.ITY LIFT STATION having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed'project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated in Exhibit "A". The Bidder binds himself on acceptance of his proposal to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 180 calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay the owner as liquidated damages the sum of S100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with of the General Instructions to Bidder. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the r.- bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications, and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided In the contract documents. r Bidders are required, whether or not a payment or performance bond is required, to submit a cashices check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal 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 proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum of 5" �ja Dollars (S_�, which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise said check or bond shall be returned to the undersigned upon demand. 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. Contraacctor r (Seal if Bidder is a Corporation) ^ ATTEST: IL Secre6,17, 7 LIST OF SUBCONTRACTORS Minority Owned Yes No 3. 4. S. 6. 7. 8. 9. 10. 1' BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities No. & Units Description of Item & Unit Prices ------------------------------------------------------------- 1. 1 Lump Sum Lift station, furnished and installed including excavation, pumps, piping, fittings, valves, controls, and all other incidentals required for a complete installation, lump sum; Per Total Unit Amount SERVICES:_'?/L ,— z� �1�•w�.�_�. •,.nw,� tsr� (� 3lo.ow, t4*Lotv, r MATERIALS/)gods. aoj$$-73,,610r,Ot TOTAL: 2. 20 L.F. 12" Ductile iron sewer pipe, including embedment, furnished and installed complete in place, 20-22' cut, per linear foot; SERVICES: /33.0t-) )$ 216, o,Qa MATERIALS:, 8zoo )$ 11640,00 TOTAL: a.tiz ����isv te a— (� c./S,$ 4,3o,o1c, 3. 20 L.F. Trench shoring, including all materials and labor, furnished and installed complete in place, 20-22' cut, per linear foot; SERVICES: e6-i'e'z $ S",LiZ0 )$ /Do, C� MATERIALS: TOTAL SERVICES ! TOTAL MATERIALS TOTAL BID (Items AL -X "J "- TOTAL:.-�.e.e -e- //vo /tIn0 r I through 3) $ 3,9, -7,�e,D0 $ -7t6 6 40, 0 c CNA INSURANCE COMPANIES BID BOND KNOW ALL MEN BY THESE PRESENTS: That we Rhode Construction Company Lubbock, Texas , Principal, and Continental Casualty Company Surety, are held and firmly bound unto CITY OF LUBBOCK , Obligee, In the sum of Five Percent of Greatest Amount Bid ----------- -------------- ------------------- Dollars ($-------5%--------) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for TDCJ PSYCHIATRIC FACILITY LIFT STATION NOW, THEREFORE, If the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter Into the contract in writing and give such bond or bonds as may be specified In the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated MARCH 17, 1994 G1046B -A n ^ CHA For All the CommUmeots Yoa Hake Rhode Construction Company (Principal) (Seal) CARMAN G. RHODE, PRESIDENT (Surety) by KEVIN J. DW Attomey-in-Fact Continental Casualty Company 7 CHA Fur AiI IMI ,.mmnn■-n1%IdK. 51jtkr AN ILLINOIS C O R PORATION Y POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY. a corporation duly organized and existing under the laws of the State of Illinois. and having Its piinclpal office In the City of Chicago ano State of Illinois, does hereby make, constitute andap Int Howard Cowan Mike Henthorn, Ron Stroman, Carla Rogers, Pete Binggeli, vin J. Dunn, Anaie Goff, Mara Hill, Individually 7of Lubbock, Texas Its true and lawful Attomey4n-fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - l and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney. pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX —Execution of Documents Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, a point by writtencertificates atiomeys•in4act to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-U-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attomay4n-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any r' power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seat shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate to executed and sealed shall, with respect to any bond or undertaking to which it is attached. continue to be valid and bindind on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of November 19 92 CONTINENTAL CASUALTY COMPANY State of Illinois I 'County of Cook 1 ss 07:fEA5)-)) J. E. Punell Vice President. On this 24th day of November • 19 92 before me personally came J. E. Purtell. to me known. who. being by me duly sworn. did depose and say; that he resides in the Village of Glenview. State of Illinois: that he is r„ a Vice -President of CONTINENTAL CASUALTY COMPANY. the corporation described in and which executed the above instrument: that he knows the seal of said Corporation: that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name ' thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. m KosAaY m Pusuc r' to Linda C. Dey Public. My Commission Expires OCtob 19, CERTIFICATE 1. Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY. do hereby certify that the Power of Attorney h ref above set forth s still in force. and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution I the Board ect o set forth In said Power of Attorney are still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal Of the said Company this 17TH clay of MAPQ; 19 94 i Rc n E. Ayo Assistant Secretary W" oa' SE-. Form 1-23142.B INV. NO. G-57443.9 .. r .)VA.._ I IMPORTANT INFORMATION FOR TDE�;,5 POLICYP.C- D_z: TO OBTAIN INFORM4Tt0tl OR' MAKE•-,`,-COMP-LAUrL-,7oU MAY C=•L r OUR TOLL -FREE TELEPHONE NUMBER ' 1-600-252-1113 ALSO YOU MAY CONTACT THE TEXAS DEPARTM ENT& OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGf%7S OR COMPLAINTS AT57-34399 YOU MAY WFITIE THE TEXAS DEPARTEdtW-t OF INSURANCE PO - sox 14e104 AUSTLN'TX 75714 9104 FAX (512) 475-1771 ;zP-J TWJUM XOit •CfAtE�i =DtSPUT'tS 'Siaaaidq cs a :z .d- pie c==araiis7 y=r Q2=!am ec abotet 2 Carr.:. yr• 517outd czn= •Yocc t d t�aay fr.'s` is the dispute is not-ts-nfved, ycu ray Lie i earas [3e�srtrsseest�i-'ksasaa�. A t T AC14 THIS NOTICE TO YOUR POLICY: 11tis ncric_ is fz! info..—a.ion only and does .._. :ear..e a .a- or =nd-r'.icn of Vhe 1.: ="'yenL r t STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, thaRHO®E C10NSTRUCTION .DMMWeinafter called the Principal(s), as A.LPrinciPal(S), and�� � � TINENTAL CASUALTY COMPANY (hereinafter called tbe Surety) S ety(s are held 4nd firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of L o o liars ($/ DO.°° lawful money of the United States for the payment whereo the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. ).d Y . and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. r NOW, THE-REFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, n this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in 7 accordance with the provisions of said Article to the same extent as if it were copied at length herein. B IN WITNESS OF, the said Principal (s) and Surety (s) have signed and sealed this instrument this IO day of 1� CONTINENTAL CASUALTY ODMPANY RHODE WNSTRUCTION C OMPANY �^ Surety BOND CHECK Principal 7,1 BEST RATING LICENSED IN TEXAS *By DATE zi/�ygY By a'"'� .✓ (Titl EVIN I DUNK (title) -Ors L ATTY IN- FACT By: (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates HOW Rn CO WAN an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. CONTINENTAL CASUALTY MANY Surety c (Title EVIN J. DU Approved as to form: r41 yR�s."'r , `.'"+ r' _ ATTY IN FACT, t City of Lubbock By: Ci mey * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. .a•K.�i:.YJ..}..�. ,...s#.r.�,.. Ytw. ;r t•-;}''t.. �''f•,�, ti 10 r r r E, G �II PERFORMANCE BOND r E r r r r �bencCl �910. /aq:p7��a F STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 KNOW ALL MEN BY THESE PRESEN HMat�¢ �70NSTR (hereinafter C eAthe PYrinci pal(s), as Principal(s), and CONTINENTAL CASUALTY COMPANY (hereinafter call e S ety s., ty(s , u" °�"` held d firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount o ao nollars ($11. W • " ) lawful money of the United States for the payment whe f, the said Principal and gurety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Princi has entered into a certain written contract with the Obligee, dated the � 7 Iday of 192to kCX-� I- i and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at r„ length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN SS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this g day of 19 t CONTINENTAL CASUALTY COPANY RHODE CONSTRUCTION COMPANY Surety BOND CHECK Principal BEST RATING /t LICENSED IN TEXAS By: ' KEYIN NN /a�lu i� ATT N FRCT DATE y� 9 BY _ (Title) By: 7 (Title) By: �- (Title) r i Th "gned surety company represents that it is duly qualified to do business in Texas, and hereby designates HOWARI C� agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. mimmAL usuALTY COMPANY -Sty " ('Title *{E J. DUNN Approved as to Form ATTY IN FACT City of L bbock , By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. �`� .... Continental Casualty Company 1/VA For All the Cnmmknww, lo,, Malr' AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the ^I laws of the State of Illinois, and having its principal office in the City of Chicago an State of Illinois, does hereby make, constitute andap oint Howard Cowan Mike Henthorn, Ron Stroman, - Ya Rogers, Pete Bin eli, Revin J. Dunn, Angie Goft, Maria Hill, Individually of Lubbock, Texas Its true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seal and execute in Its behalf bonds, undertakings and other obligatory instruments of similar nature r' - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney. pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. r "Article IX —Execution of Documents Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, appoint by writtencertificates attorneys -in -fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-I'n-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the l� Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which It is attached, continue to be valid and bindino on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of November . 19 92 CONTINENTAL CASUALTY COMPANY ws�, State of Illinois 1 i cdrO'•�. County of Cook i ss • �v SEAL J. E. Purtell Vice President. 24th November 92 On this day of 19 ,before me personally came J. E. Purtell, to me known, who, being by me duty sworn, did depose and say: that he resides in the Village of Glenview, State of Illinois; that he is a Vice -President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument. that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. De,� N �toTARY m ueuc �4 C.N Linda C. Dempsey Public. l CERTIFICATE My Commission Expires Octob 19, 1994, I, Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney h ref above set forth is still in force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution of the Board - ectors, set forth in said Power of Attorney are still in force. In testimony �vh roof I have hereunto subscribed my name and affixed the seal of the said Company this 1AYHe day of APRIL 19 94 ILC, Ro rt E. Ayo Assistant Secretary of SEAL t Form 1.23142•6 INV. NO. G-57443-B r IMPORTANT INFORMATION ,.. FOR TEXAS POLICYHOLDERS TO OBTAIN INFORMATION OR MAKE A--CO►s+IPLAINT,..YOU MAY CALL OUR TOLL -FREE TELEPHONE NUMSER 1-800-262-1113 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO DETAIN INFORMATION ON COMPANIES, COVE -RAGES, RIGHTS OR COMPLAINTS AT 14WO-252-343a YOU MAY THE TEXAS DE,PARTMEM OF INSURANCE PO BOX 149104 AUSTIN TX 79714 9104 FAX (512) 475-IT71 :�REIy11UM 'A.OR CLAIlH-QtSPUTES :'Stsocitd a .a •dr3ps7te tt'arsc=resirig your preraitlsn or atsottf : daim, you stscutd contact r-."'zoTPacsy first. If the dispute is not resolved. you tray =ntact tine Texts pEpsrtmecit � � tnsuraacr_ ATTACH THIS NOTICE TO YOUR POLICY: This notice is for inlor-rations only and does not be=ne a par, or condition or the anac-ned dccursen t. r F CERTIFICATE OF INSURANCE I ISSUE. DATE (MM/DDIYY) A1:111:IIs CERTIFICATE OF INSUI�4i�ICI: 4/18/94 i PRODUCER 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 1° -1 ne InWest. GrOLm , Inc. POLICIES BELOW. 6 D_5sta Drive. 'C_L t. i to 5550 COMPANIES AFFORDING COVERAGE I' COMPANY A t i LETTER U.S. Fire InSLI} ance Comoany COMPANY B INSURED LETTER U.S. Fire InSt-ti--anc e C omoany COMPANY C RHODE CONSTRUCTION COMPANYLETTER U.S. Fire InSLI, ante Comriany 0. E.'?o ; 5337i_? COMPANY D { LLii`_ 3�; r '': x 7945 ) LETTER C, t.. Pall l CILa) Gt l �.n T nS . Chi . COMPANY E COVERAGES LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCJMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DDIYY) DATE (MM/DD/YY) fl GENERAL LIABILITY 54 10 07e43-4 10 /01 i 93 1 C) /C? 1 /94 GENERAL AGGREGATE $ `(_)( 1f )C)f)f ) I Y COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO. $ 2(_)0 )i () i CLAIMS MADE X OCCUR. PERSONAL & ADV. INJURY E 1 00000( } OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 1 0C)CY0 010 FIRE DAMAGE (Any one fire) E 15 )()01) MED. EXPENSE (Any one person) S c (' jo( ) El AUTOMOBILE LIABILITY 1 3801 5620—' 1 X ANY AUTO }� )�)(_)� } 1 () / 01 /93 1 0 /(_ LIMIT ) 1 94 COMBINED SINGLE 1000000 b 1t?i?f7i)01) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) t HIRED AUTOS BODILY INJURY $ (Per accident) NON -OWNED AUTOS e GARAGE LIABILITY PROPERTY DAMAGE S IC EXCESS LIABILITY 593643047--2 )OC}00 1 () /(_) 1 /93 1 0 /0 i /94 EACH OCCURRENCE S 10000000 X UMBRELLA FORM AGGREGATE $ 1 (_)0(_)(}00 ) -. , I OTHER THAN UMBRELLA FORM D WV A91 O 98 5 1 (_) /0 1 /93 10 /i )1 /94 X STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ 5000t 0 AND DISEASE —POLICY LIMIT $ 5 (_1(}(_)0o EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE E 504 )[,}l)( } OTHER "r i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: CITY OF LUBBOCK - BID NO. 12871 - FACILITY LIFT STATION. ADDITIONAL TEXAS DEPARTMENT OF CRIMINAL JUSTICE PSYCHIATRIC INSURED IN FAVOR OF THE CITY OF LUBBOCK. 4 CERTIFICATE HOLDER CANCELLATION CITY OF LUBBOCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE P. 0. BOX 2000 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 1(-) i LUBBOCK, TEXAS 79457 MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE r t • LEFT, BUT FAILURE TO MAIL SUCH NOT1C- SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE CO f, ITS ENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE r � W�cu►. ACORD 25-S (7/90) ©ACORD CORPORATION 1990 y , A1:1►�:�►. CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 4/18/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND THE INWEST GROUP, INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE E b DESTA DRIVE, SUITE 5550 MIDLAND, TEXAS 79705 POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER U. S. FIRE INSURANCE COMPANY F COMPANY B i INSURED LETTER RHODE CONSTRUCTION COMPANY COMPANY C P. 0. BOX 53370 LETTER LUBBOCK, TEXAS 79453 COMPANY D LETTER COMPANY E LETTER j,COVERAGES 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 REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS r"* CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0 CCO TYPE OF INSURANCE POLICY NUMBER lLTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) A GENERAL LIABILITY GENERAL AGGREGATE $500000 X COMMERCIAL GENERAL LIABILITY FORTHCOMING 4 / 18 / 94 4 / 18 / 95 PRODUCTS-COMP/OP AGG. $ 1 CLAIMS MADE X OCCUR. PERSONAL 3 ADV. INJURY $ X OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ I � FIRE DAMAGE (Any one tire) $ i MED. EXPENSE (Arty one person) S AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) p HIRED AUTOS BODILY INJURY S NON -OWNED AUTOS (Per accident) I GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ ' UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ AND EMPLOYERS' LIABILITY DISEASE —POLICY LIMIT $ k DISEASE —EACH EMPLOYEE $ OTHER NAMED INSURED: THE CITY OF LUBBOCK P. 0. BOX 2000 LUBBOCK, TEXAS 79453 'DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: CITY OF LUBBOCK - BID NO. 12871 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE PSYCHIATRIC ! FACILITY LIFT STATION. CERTIFICATE HOLDER ' CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF LUBBOCK EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO P. 0. BOX 2000 MAIL _I __ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LUBBOCK, TEXAS 79457 LEFT, BUT FAILURE TO MAIL SUCH NOTICE: SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. mk AUTHORIZED REPRESENTATIVE 'ACORD 2525-S�/90)/90) 0 CORd CURPORATION 1990 �.v-.� �.,-� c._.._... �`� �.:.�:� ter. i:�:V � i�� �_:..� L� t.._ .: t.._._� CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 14th day of April, 1994, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Rhode Construction Company of the City of Lubbock County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR .• WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby iagrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #12871- TEXAS DEPARTMENT OF CRIMINAL JUSTICE PSYCHIATRIC FACELITY LIFT STATION FOR $113,400.00 i 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 rand 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 r to him and to substantially complete same within the time specified in the contract documents. t. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WI EREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: a'ct'-A r-" - 7 S'emta4 - —7 APPROVED •FORM: t A(aali, CONTRACTOR: RHODE CONSTRUCTION COMPANY By; k caw,- -,W Z TITLE: 2re did c .14— COMPLETE ADDRESS: P.O. Boa 53370 Lubbock. Texas 79453 F GENERAL CONDITIONS OF THE AGREEMENT FGENERAL CONDITIONS OF THE AGREEMENT 1 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: RHODE 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 reb:rring to RICHARD BARTON, CIVIL ENGINEER City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in jaccordance 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 known to him who gives the notice. r 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. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not -- relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract 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. 13. LINES AND GRADES All lines and grades shall be furnished 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. 7 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative 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 further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this 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's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided. 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. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 1, 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the 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. 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 contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN — The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or 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 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 Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. i P" 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 ram" 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 i 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 7 Contractor's expense. i 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the aixompanying 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 any change, alteration or addition to the work j^ as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as i 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, howe%vr, 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 (15%) per cent. 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 Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The _ Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these 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/o, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate 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 proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal 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. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 7 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable 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 any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work 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. r 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 I' with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single ..,, Limit in the aggregate and per occurrence to include: i Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. C. [7 E. F. G. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance, The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows: For bodily injuries, including accidental death and or property damage, $500,000 Combined Single Limit. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of potential loss) naming the City of Lubbock as insured. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of $500,000 with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000 Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. r r (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. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and priviliges 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 any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness 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. 3 r If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, 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 $100.00 (One — Hundred 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. 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. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be --, .allowed to prosecute 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 proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. " The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. d I� 36. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, 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 j 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 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 any part of the work embraced in this contract except where the Ei 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 proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials funished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the 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. t+ 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 proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for finishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by hum and for well and truly a, i 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 PAYIy1ENTS 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 (31) days after the Contractor has given the Owner's Representative written notice that the work has been 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 duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31 st 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 arty 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. _ 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 I dr F 17 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 AFTER 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 filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, 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. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY r QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. 50. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra 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 bylaw, 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 shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and 7 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. 51. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been L! 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 the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the 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. : 52. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, �a Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the 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 fiurnished. 1 53. SPECIAL CONDITIONS 1 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. 54. 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. 55. 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 Owners 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 Contractors own employees or to any other person, firm, or corporation. 56. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. CURRENT WAGE DETERMINATIONS r l DGV:da OPOM IITTntJ 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 accordance with the provisions of Vernon's Ann.Civ.St., Arta 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February r 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. Ranette.,,Boyd, City Secretary APPROVED Y T NTENT: Bi 1 P yne, D rector of Building Services B.C. McMINN, MAYOR APPROVED AS TO FORM: Do ld G. Vandiver, First Assistant City Attorney r EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft HourlyRate 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 Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator. Roller Scraper Tractor Truck Driver - Light Heavy Hourly Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 Lineman Apprentice Series 8.90 Groundman Series 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is l 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 SPECIFICATIONS FOR LIFT STATION k9 LIFT STATION SPECIFICATIONS The contractor shall furnish two submersible pumps, guiderails, pump mounting plates with discharge elbow and bottom rail supports, access frame with cover -for each pump and top guiderail supports to be installed in 8-foot diameter concrete sump including discharge and check �* valves to be installed in concrete valve box as shown on plans. P Each pump shall have a capacity of 880 GPM at a total dynamic head of 48 feet. Pump motors shall not be less than 20 H.P., 3 Phase, 230 Volts, 60 cycle. Discharge size shall be 6 inch. The pumps shall be capable of handling raw, unscreened sewage up to 3-inch spherical solids and thin rags to 24-inches in length. The design shall be such that the r" pumps will be automatically connected to the discharge piping when lowered into place. The pump guide lug shall be designed to either cut or do away with rags that may get in between the guide bars on its downward travel. The pump discharge flange and base elbow will be arranged to mate positively and will not be dislodged or leak resulting from (back pressure) in the force main and mating area. The pumps shall be easily removable for inspection or service, requiring no bolts, nuts, or other fastenings to be removed for this purpose, nor need personnel to enter pump well. The pumps shall be fitted with a stainless steel chain for each pump, of adequate strength and length to permit raising r- the pump .for inspection and removal. " The stator casing, oil casing and impeller shall be of grey iron construction, with all parts coming into contact with sewage protected by a coat of rubber -asphalt paint. All external bolts and nuts shall be of stainless steel. The wear ring between impeller and pump housing shall be bronze. The impeller shall be Flygt, neva-clog design or approved equal, capable of passing solids, fibrous material, and heavy sludge. A sliding bracket shall be an integral part of the unit and the pump casing shall have a machined angle connection with yoke to connect with cast iron discharge connection, which shall be bolted to the floor of the sump and so designed as to receive the pump angle connection without the need of any bolts or nuts. The pump shall be provided with two mechanical seals with oil chamber between the seals. Each seal r- consisting of one fixed and one rotating tungsten -carbide ring held in contact by spring pressure. The seal shall require neither maintenance nor adjustment, and shall be easily replaced. The pump motors shall be coupled with the pumps and suitable for operation under continuous operation. Motor construction shall conform to NEMA design Class B and incorporating Class F insulation; air filled and not requiring cooling jacket or other means of auxiliary cooling during normal continuous operation; capable of a minimum of 10 starts per hour without sustaining excessive wear; oil filled motors are not acceptable. r Page The rotor shall be solid cast, dynamically balanced and free of vibration. Power cable shall be adequate length for installation in 28- feet depth wet well, water proof, totally flexible and properly sized to prevent voltage drop along its length during peak operation. The pump motors shall conform to the following safety features: a) Completely watertight motor casing and suitable for operation under continuous submerged condition. b) Completely watertight cable entry seal and suitable for operation under continuous submerged condition. c) _Moisture switch to cut off current as soon as leakage penetrates into the motor windings. d) Thermal switch -overheat protection device(s). e) Circuit breakers. f) Overload relays. g) Phase protection devices}. A double door access frame assembly shall be supplied of adequate size to remove pump system. Access frame and covers shall be stainless steel. Frame shall support guiderails and electrical wiring channel or Nema 7 non corrosive, explosion proof, quick disconnect junction box. A separate hinged cover shall be provided for each pump. Cover shall be provided with lifting handle and safety latch to hold cover in the open position. Recessed locking hasps shall be furnished for each cover. Control panel shall have a Nema 3 weatherproof enclosure and shall be dead front with separate removable inside panel to protect electrical equipment. A lock hasp shall be provided on outside door. A circuit breaker shall be provided for each pump and a magnetic starter with 3 leg overload protection shall be supplied for each pump. An alternating relay shall be provided to alternate pumps on each successive cycle of operation. Starters shall have auxiliary contacts to operate both pumps on override condition. H-0-A switches and run lights shall be supplied for each pump. Terminal strip shall be provided for connecting pump and control wires. Additional terminals shall be provided to connect alarm, heat sensors and seal failure wires. Sump level shall be measured by an electronic pressure switch type level controller as manufactured by the Gorman -Rupp Company or approved equal. The level controller shall be provided with solid state, stainless steel, non -clogging submersible transducer. The level controller shall be preset at the factory for the following measurements. Page 2 r 36 inches above bottom of sump (shut off pumps) 84 inches above bottom of sump (start lead pump) 96 inches above bottom of sump (start lag pump) 108 inches above bottom of sump (activate high level alarm) The following accessories shall be included with level controller. 1. Operating wet well levels shall be field adjustable 2. 2 feet length stainless steel chains, including stainless steel guide cable and steel guide plate as shown on plans 3. User functions shall be mounted on a rugged stainless steel panel 4. The panel shall feature a window type LCD indicator to permit the determination at a glance, the wet well water level 5. The panel shall be housed in a NEMA 3R enclosure. The enclosure shall be provided with the following: a) Door locking device b) Arranged to be pole mounted c) Pole mounting kit d) Provided with a plain door; without windows 6. Motor starters. 7. Pump motor selection switch (manual and automatic) 8. Pump "Run" indicator pilot light 9. Hour meters to indicate total "Run" hours for each pump 10. Resettable event counter for each pump 11. Output for remote high water alarm 12. Circuit breakers The equipment manufacturer shall furnish all fittings, check valves, shut-off valves, etc., with cast iron flanges drilled to ANSI 8-16.1 Class 125. The following items shall be included as part of the lift station package assembly. 1. Ventilation pipe 2. Chains for lifting pumps.(stainless steel) 3. Shut-off valves (81') shall be resilient seat gate valves and shall comply with latest revision of AWWA C-509 standards. Valves shall be Mueller, M. & H., Darling or Clow. 4. Check valves (Red Valve Series #39 or approved equal) (811) 5. Discharge piping (8" Ductile Iron) 6. Control unit 7. Power cables (Wet well depth 28 ft.) 8. Level regulator (as specified) 9. Pumps (as specified) 10. Access covers and frames (stainless steel) 11. Schedule 40 stainless steel guide bars and guide bar bracket. 12. Stainless steel connectors including bolts, etc. r Page 3 NOTE: Please furnish the following: 1. Three sets of instructions and.parts list for level transmitter 2. Power cable disconnect 3. Drawing for approval 4. Five sets of approved drawings 5. Resettable event meters for numbering starts 6. R.P.M. and pump curves Wetwell Concrete pipe shall conform to the requirements of the latest revision of A.S.T.M. Specifications C 76 for Class III sewer pipe. The pipe shall be jointed with an intergral bell, bell and spigot type rubber gasketed joint. The gaskets shall be 0-ring type and conform to the requirements of A.S.T.M. C443. Protective Coatings for Concrete Wetwell The Contractor shall apply a primer,coating of 5 mils thickness and a topcoat of 75 mils thickness on all interior surfaces of the Wetwell. The primer shall be Polibrid 670 or approved equal as manufactured by Polibrid Coatings, Inc. The topcoat shall be Polibrid 705 or approved equal as manufactured by Polibrid Coatings, Inc. Applications of protective coatings shall be by spraying as recommended by the manufacturer. Coated surfaces shall be cleaned to permit visual inspection and spark testing. A minimum 12 hours after application, the coating shall be spark tested with high -voltage holiday detection equipment set at a minimum of 100 volts per mil of total coating thickness. All pinholes detected visually or by spark testing shall be clearly marked and then repaired in accordance with the manufacturer's recommendations. At the option of the Engineer, areas with excessive pinholes shall be re- sprayed rather than patched individually by hand. Surfaces showing visible defects such as poor adhesion, improperly cured areas, or blisters will not be accepted and shall be removed or repaired per manufacturer's recommendations. Page 4 SPECIFICATIONS FOR SANITARY SEWER MAIN MATERIALS AND CONSTRUCTION - ' ^ CITY OF LUBBOCKTEXAS WATER UTILITIES DEPARTMENT MATERIALS AND CONSTRUCTION SPECIFICATIONS FOR SANITARY SEWER MAIN I N D E X Title P*op ��� General............................................................. I ApprovedPlans ,,,,,,,,,,,,,,,,,,,,,,,^,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 Inspection........................................................... I Guaranteeand Acceptance ,,,,,,,,^,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,I Specifications...................................................... I Materials........................................................... I Ductile Iron Pipe (Gravity Flow) .................................... 2 Ductile Iron Pipe (Force Main) ...................................... 2 Concrete Pipe (Wet Well) ............................................ 2 GateValves (Double Disc) ........................................... 2-3 GateValves (Resilient Seat) ........................................ 3 CheckValves ........................................................ 3 CastIron Fittings .................................................. 3-4 Concreteand Mortar ................................................. 4 ReinforcingSteel ................................................... 4 Forms............................................................... 4 CuringCompound ..................................................... 5 Embedment........................................................... 5 Gravity Flow Sanitary Sewer Pipe Installation ....................... 5 SurfacePreparation ................................................. 6 Barricadesand Safety Measures ...................................... 7 Protection of Existing Underground Utilities ............... .......7 Trench Excavation......... ...._..'. .....................8 Dewatering.......................................................... 10 Laying, Aligning and Joining Pipe........... ............ ........... 10 _ Backfilling Around Pipe...........................................11 SurfaceRestoration ............................................. ..12 CleanUp ...................................................... .12 _ Connection to City Sewerage System.. ..... ...........12 Inspection, Testing, Approval and Acceptance _ of Gravity flow Sanitary Sewers. ..... .... ....................12 Restorationand Clean Up......... .................. ......`..........16-17 _ Trench Shoring Minimum Requirements.......... .....................18-20 0 CITY OF LUBBOCK, TEXAS SPECIFICATIONS FOR SANITARY SEWER MAIN MATERIALS AND CONSTRUCTION General: All sanitary sewer main construction within the City of Lubbock sanitary sewerage system or for future connections to the City of Lubbock sanitary sewerage system shall be accomplished in accordance with the requirements of these specifications. Approved Plans: Sanitary sewer main construction shall be done in accordance with engineered construction plans for the work, prepared under the direction of a Professional Engineer and approved by the City of Lubbock Water Utilities Department prior to construction. Plans shall conform with the City of Lubbock's Minimum Design Standards for Sanitary Sewer and shall show all information called for on the "City of Lubbock Check List for Sanitary Sewer Main Construction Plans." Inspection: All work shall be inspected by a representative of the Water Utilities Department, hereinafter called "City Inspector," who shall have the authority to halt construction when, in his opinion, construction is being performed contrary to these specifications or other approved plans, specifications and materials. Whenever any portion of these specifications is violated, the Director of Water Utilities, by written notice, may order that portion of construction which is in violation of these specifications or other approved plans, specifications and material to cease until such violation is corrected. Guarantees and Acceptance: 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). The determination of the necessity during the warranty period for the Contractor to repair or replace the work in whole or in part shall rest with the Director of Water Utilities. Specifications: All standard specifications and quality standards; i.e., ASA, AWWA, ASTM, etc., which are made a portion of these specifications by reference shall be the latest edition and revision thereof. Materials: Materials approved for sewer line construction are as r described in the following paragraphs. 4 c 1_ i Ductile Iron Pipe (Gravity Flow) The pipe shall conform to ANSI/ASTM specifications A746-77 or latest revision for Ductile Iron Sewer Pipe and shall have a 10 Mil thickness Scotch 134 epoxy interior and exterior coating of coal tar pitch conforming to requirements of Federal Specifications WW-P-421. Ductile iron pipe shall not be less than Class 52. All joints for Ductile Iron shall be of the rubber gasket bell and spigot, except when otherwise shown on the plans and where connecting to flanged fittings, and shall conform to the base specifications to which the pipe is manufactured. Fittings shall be A.W.W.A. Standard Class "D" bell and spigot type or an approved gasket joint for the particular type of pipe used and designed for the pressures of the pipe except as shown on the plans. Flanged fittings where required, shall"be 125 pound American Standard. All fittings shall be Lined with cement of coal -tar and coated with an asphalt paint. Ductile 'Iron Pipe (Force Main) Ductile iron pipe to be furnished shall conform to the following standard specifications or latest revision: ANSI/AWWA C150/A21.50 LATEST REVISION ANSI/AWWA C104/121.4 LATEST REVISION ANSI/AWWA C151/121.51 LATEST REVISION All ductile iron pipe shall have a ceramic epoxy lining' "on the interior. The external surface shall be coated with a bituminous base paint. All joints for ductile iron pipe shall be of the rubber gasket bell and spigot type, except where connecting flanged fittings, and shall otherwise conform to the base specifications to which the pipe is manufactured. The joint shall be the latest approved type of rubber gasket joint for ductile iron pipe. All joints of ductile iron pipe and fittings shall be sealed with a continuous ring rubber gasket meeting standards specified by AWWA CIII-72 (ANSI A21.11) or its latest revision. Flanged fittings were required, shall be 125 pounds American Standard. Concrete Piae (Wet Well Concrete pipe shall conform to the requirements of the latest revision of A.S.T.M. Specifications C 76 for Class III sewer pipe. The pipe shall be jointed with an intergral bell, bell and spigot type rubber gasketed joint. The gaskets shall be 0-ring type and conform to the requirements of A.S.T.M. C443. Gate Valves (Double Disc) Gate valves 12" and smaller shall be double disc, parallel seat, iron body, bronze mounted throughout. In line valves, 12" and smaller shall a be flanged or mechanical joint as shown on plans. All side outlets on 9 j lines 12" and larger shall be flanged. Valves connected to flange r' outlets shall be flanged on both ends or combination flange and mechanical joint. The valves shall have non -rising stems, shall open by turning to the left (counter -clockwise), and shall be furnished with a 2" operating nut. Valves shall comply with the latest revision of AWWA C-500 standards. Valves shall be Mueller, M & H, Darling, or Clow. All parts for valves furnished must be standard and completely interchangeable with valves of the same brand. The successful bidder may be required to furnish the owner with a letter stating what type of valve he proposes to use and a letter from the manufacturer stating the r- parts are standard and interchangeable as herein specified. Gate Valves (Resilient Seat) Gate valves 12 and smaller shall be cast or ductile iron with resilient seats. In line valves, 12" and smaller, shall be flanged or mechanical joint as shown on the plans. All side outlets on lines 12" and larger ^~ shall be flanged. Valves connected to flange outlets shall be flanged on both ends or combination flange and mechanical joint. The valves shall have non -rising stems, shall open by turning to the left (counter- clockwise), and shall be furnished with a 2" operating nut. Valves shall comply with the latest revision of AWWA C-509 standards. Valves shall be Mueller, M & H, Darling, or Clow. All parts for valves furnished must be standard and completely interchangeable with valves of the same brands. The successful bidder may be required to furnish the owner with a letter stating what type of valve he proposes to use and a letter from the manufacturer stating the parts are standard and interchangeable as herein specified. Check Valves Check valves are to be the flow operated check type with flanged joint ends on both check sleeve and metal body and shall be suitable for sanitary sewer service. Part areas shall be 100% of the mating area. The part shall contour down to a duckbill which shall allow passage in one direction of flow and prevent reverse flow. The flexible duckbill sleeve shall be one piece construction with one flange drilled to ANSI 125#'standard. The duckbill check tube shall be nylon reinforced with an exterior wrapping 1/8 thick EPDM. The valve body shall be drilled and tapped for a flushing connection on top and bottom of housing. The valve body shall be two piece split body construction with internal epoxy coating. The two halves shall be sealed by diamond shaped cross section rubber gasket permanently locked by a groove machined in the valve body. Static and inlet pressure will be approximately 50 feet. The valves shall be series 39 as manufactured by Red Valve Co., Inc. or approved equal. Cast Iron Fittings Fittings shall be mechanical joint or rubber gasket AWWA Class D bell PM with transition gasket for the type pipe used. Flanged fittings, where r 3- required, shall be 125 pound American Standard. All fittings shall be lined with cement or coal. tar and coated with an asphaltic paint. Fittings shall conform to AWWA C104, AWWA C110 and AWWA C111 latest revision. Concrete and Mortar Cement - Portland cement shall conform to A.S.T.M. C-150 specifications. Aggregate - Fine and coarse aggregate to be used in concrete shall conform to A.S.T.M. C-33 specifications. Mortar and Sand - Sand to be used in cement mortar shall conform to ASTM C-144 specifications. All concrete (Class A) for manhole bottoms, sump, collection box and other reinforced concrete structures shall contain not more than 7.0 gallons of water per sack of cement. All concrete (Class B) for pipe cradling, blocking of fittings, and other non -reinforced concrete shall contain not more than 9.0 gallons of water per sack of cement. Surface moisture or moisture carried by the aggregates shall be included as part of the mixing water. Class A concrete shall have a minimum 28 day compressive strength of 3,000 p.s.i. and Class B shall have 2,500 p.s.i. Reinforcing Steel All reinforcing steel shall conform to current A.S.T.M. specifications A-15, A-16, or A-305. Wire mesh shall be woven.`or electrically welded, cold -drawn mild steel wire fabric. Reinforcing bars shall be in the deformed bar type. All reinforcement shall be permanently marked with grade, identification marks or shall, on delivery, be accompanied by a manufacturer's guarantee. Forms Forms for all concrete work shall be of wood or approved metal forms. - Wood sheeting forming surfaces exposed to sight or weather shall be plywood or plywood lined of a quality to produce smooth surface, free from excessive form marks and shall meet the approval of the Engineer before use. The same type of form shall be used for all exposed portions of the .work. Forms shall be constructed true to lines, grades and sections shown on the plans and shall be mortar -tight and sufficiently rigid to prevent displacement of sagging between supports. Wall forms shall be set plumb and true and rigidly braced to maintain them in correct position and alignment. Temporary openings for cleaning and inspection shall be provided at the base of vertical forms or other places where necessary. Such openings shall be neatly and securely closed before concrete is placed. 4- 1 Form ties approved by the Engineer shall be adjustable in length and of such type as to leave no metal closer than 1 inch of the surface, and shall not be fitted with lugs, cones, washers, or other devices acting as a spreader which will leave a'hole larger than 7/8 inch in diameter or depth back of the exposed surface of the concrete. Wire ties will not be permitted. Curing Compound r* Compounds used to form an air tight membrane over a fresh concrete surface shall be in accordance with Texas Highway Department Item 531.2. Embedment The embedment shall be crushed stone with irregular surfaces and comply with the following gradation requirements. �f % By Weight Retained on 1" Sieve 0 Retained on 7/8" Sieve 0 - 2 Retained on 3/4" Sieve 15 - 35 Retained on 5/8" Sieve 55 - 100 Retained on 3/8" Sieve 95 - 100 Retained on No. 10 Sieve 99 - 100 Gravity Flow Sanitary Sewer Pipe Installation SCOPE The work covered by this Specification consists of constructing gravity Flow sanitary sewers, including appurtenances normally installed as a part of this system. Construction may include surface preparation; trench excavation; shoring, dewatering; lay, align and join pipe installation of appurtenances; bedding and backfilling; surface restoration and other related work. QUALITY STANDARDS The latest published revision of the quality standards in effect shall apply. AASHTO T 99: Moisture -Density Relations of Soils, using a 5.5 lb. Rammer and a 12 inch Drop ASTM A 746: Ductile Iron Gravity Sewer Pipe (ANSI) ASTM C 12: Installing Vitrified Clay Pipe Lines AWWA C 600: Installation of Gray and Ductile Cast Iron (ANSI) Watermains and Appurtenances AWWA M 23: Polyvinyl Chloride (PVC) Pipe Design and Installation UNI B 5: Recommended Practice for Installation of Polyvinyl Chloride (PVC) Sewer Pipe ACPA Concrete Pipe Installation Manual (Published by American Concrete Pipe Association) NCSPA Installation Manual Installation Manual for Corrugated Steel Drainage Structures (Published by National Corrugated Steel Pipe Association) LCP-4781 Semi -Rigid Truss Pipe Handbook (Published by Armco, Construction Products Division) Vitrified Clay Pipe (Published by National Clay Pipe Handbook Institute) MATERIALS The Contractor shall install sanitary sewer pipe of the type, diameter, wall -thickness an protective coating that is defined in the Special Provisions or designated by the City of Lubbock Water Utilities Department. Surface Preparation One or more acceptable types of pipe may be used. As such, the Contractor shall have the option of installing any of the acceptable types, provided only one type is used throughout any single size designation or run of pipe.' WITHIN EASEMENTS, CULTIVATED OR AGRICULTURAL AREAS All vegetation, such as brush, sod, heavy growth or grass or weeds, decayed vegetable matter, rubbish and other unsuitable material within the area of excavation and trench side storage shall be stripped and disposed of. Topsoil shall be removed from the area to be excavated and stockpiled, or, the Contractor may elect to import topsoil to replace that lost during excavation. Topsoil shall be removed to a depth of 8 inches or the full depth of the topsoil, whichever is less. WITHIN UNPAVED ROADWAY AREA The Contractor shall strip that cover material from graveled roadways or other developed, 'but unpaved traffic surfaces to the 6- ii it full depth of the existing surfacing. The surfacing shall be stockpiled to the extent that it is acceptable for restoration purposes. WITHIN PAVED AREA The removal of pavement, sidewalks, driveways or curb and gutter shall be performed in a neat and workmanlike manner. The width of the cut shall exceed the width of the trench at the subgrade by at least 12 inches on each side of the trench. Concrete pavement, sidewalks, driveways or curb and gutter shall be cut with a power saw to a depth of 2 inches prior to breaking. - The concrete shall be cut vertically in straight lines and avoiding acute angles. Any overbreak, separation or other damage to the existing bitumen or concrete outside the designated cut lines shall be replaced at the Contractor's expense. Excavated paving materials shall be removed from the jobsite and shall not be used as fill or backfill. Crossings under sidewalks, curbs and gutters or other utility lines may be made by tunneling only if approved by. the City Inspector. Barricades and Safety Measures The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the works as may be necessary. All safety measures shall meet the requirements of The Manual on Uniform Traffic Control Devices. The Contractor shall be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the days of issuance to Contractor of City's certificate of acceptance of the project. Rules and regulations of local, state and Federal authorities regarding safety provisions shall be observed. OSHA's regulations for excavations, trenching, and shoring shall be included in the Special Specifications. Protection of Existing Underground Utilities: The Contractor shall proceed with caution in the excavation and . preparation of the trench so that the exact location of underground structures, both known and unknown, may be determined. If required, the Contractor shall excavate and locate existing underground utilities ahead of trench excavation in order that necessity for grade changes may be ascertained in advance. The Contractor shall be held responsible for the repair of such structures when broken or otherwise damaged because of carelessness on his part. Hand excavation shall be used where necessary. The Contractor shall notify local utilities whenever working near gas mains or services or near electrical or telephone cables or when the presence of these utilities is suspected in the area of construction. Trench Excavation: The Contractor shall excavate as necessary to attain the lines and grades at the locations. shown on the Plans or as staked in the field. All trench excavations shall be open cut, unless otherwise shown on the Plans or approved by the City's Inspector. There will be no classification of materials excavated. The Contractor shall protect adjoining private and public property and facilities, including underground and overhead utilities, curbs, sidewalks, driveways, structures and fences. Disturbed or damaged facilities or property shall be suitably restored or replaced at the Contractor's expense. Excavated materials unsuitable for backfill or not required for backfill shall be disposed of by the Contractor. The Contractor shall prevent surface water from flowing into excavations. Water shall not be permitted to rise in trenches that have not been backfilled. Any pipe having its alignment or grade changed as a result of a flooded trench shall be relaid at the Contractor's expense. Repose of excavation and use of shoring, sheathing, or trenching boxes shall conform to current OSHA regulations and all state and local safety requirements. TRENCH DIMENSIONS Width The width of the trench shall provide adequate working room for installation, joining and proper compaction along both sides of the pipe. Trenches shall conform to the following dimensions, unless otherwise shown on the Plans. NOMINAL SIZE MAXIMUM TRENCH WIDTH OF PIPE AT TOP OF PIPE Less than 18" Pipe O.D. + 18" 18" thru 36" Pipe O.D. + 24" 37" thru 60" Pipe O.D. + 30" MINIMUM TRENCH WIDTH AT PIPE SPRINGLINE Pipe O.D. + 12" Pipe O.D. + 18" Pipe O.D. + 24"' 8- '17 7 The width of the trench above the top of the pipe may as wide as necessary for shoring, bracing or proper installation of the pipe. Excavation in paved areas shall be confined to a minimum practical width. The Contractor may be required to take remedial actions defined by the Water Utilities Engineer if the maximum trench width exceeds that shown in the table. The specified remedy shall be at the expense of the Contractor. Depth Trench depth shall be shown on the Plans as depth of bury or invert grade. Pipe trenches shall be excavated to provide a trench bottom that is firm for its full length and width. Care shall be taken to prevent excavation below the required depth. Spongy material, organic matter, or fill material containing concrete, asphalt or debris that is encountered during trenching shall be excavated to the depth designated by the Engineer. Areas over -excavated for the Contractor's convenience shall be backfilled with suitable material and compacted to a density approximately equal to the density of the adjacent soil, or backfilled with approved bedding material at the Contractor's expense. TRENCH GRADING AND FINE GRADING In order to obtain a true, even grade, the trench shall be fine - graded. The material for fine grading shall be free of rocks, roots, grass or any other debris. The depth of the fine grading material shall not exceed three (3) inches. Where the trench is excavated in excess of three (3) inches below grade, the material shall be compacted to 95% Proctor Density or shall be replaced with bedding material. If rock or other unyielding material shall be removed to a depth of three (3) inches below grade and replaced with the bedding material to grade. The grade shall be such that the pipe will rest firmly on the bottom of the trench throughout the entire length of the pipe cylinder. EXCAVATION FOR STRUCTURES AND APPURTENANCES Excavation for manholes, structures and other appurtenances shall be sufficient to provide clearances adequate for proper backfill and compacting on all sides. The depth of excavation, provisions r. for dewatering, shoring and other applicable portions of these Specifications shall apply to excavation for structures and ' appurtenances. F All excavated material shall be stockpiled so as not to endanger the work or workmen, and in a manner that will avoid obstructing sidewalks and driveways. 9- Dewatering All pipe trenches and excavation for structures and appurtenances shall be kept free of water during pipe laying and other related work. The method of dewatering shall provide for a dry foundation at the final grades of the excavation. Water shall be disposed of in a manner that does not inconvenience the public or result in a menace to public health. Pipe trenches shall contain enough backfill to prevent pipe flotation before dewatering is discontinued. Dewatering shall continue until such time as it is safe to allow the water to rise in the excavation. Laying. Aligning and Joining Pipe: Sanitary sewer pipe shall be 'installed in accordance with the manufacture's recommendations for installing the type of pipe used, unless otherwise shown on the Plans or as directed by the Water Utilities Department. Proper equipment, implements, tools and facilities shall be provided and used by the Contractor for safe and convenient installation of the type of pipe being installed. RESPONSIBILITY FOR MATERIAL The Contractor shall be responsible for all materials intended for the Work that are delivered to the construction site and accepted by him. Payment shall not be made for materials found to be defective or damaged in handling after delivery and acceptance. Defective or damaged materials shall be removed and replaced with acceptablematerials at the Contractor's expense. The Contractor shall be responsible for the safe and proper storage of such materials, until incorporated into the Work. HANDLING Pipe and accessories furnished by the Contracting Agency shall be unloaded and distributed at the site by the Contractor. Each pipe shall be unloaded adjacent to or near the intended laying location. Pipe, fittings, specials, valves and appurtenances shall be unloaded and stored in a manner that precludes shock or damage. Such materials shall not be dropped. Pipe shall be handled so as to prevent damage to the pipe ends or to any coating or lining. Pipe shall not be skidded or rolled against adjacent pipe. Damaged coatings or linings shall be repaired by the Contractor, at his expense in accordance with the recommendations of the manufacturer, and in a manner satisfactory to the City's Inspector. 10- '7 `i LAYING PIPE The pipe and pipe coatings shall be inspected for damage or defects before being placed in the trench. Damaged or defective pipe shall not be installed. Damage to the coatings, linings, or pipe shall be repaired in accordance with pipe manufacturer's recommendations. After the trench has been properly fine graded, the pipe shall be laid in accordance with the following specifications. Each length A� of pipe shall be inspected for defects and shall be thoroughly cleaned before being lowered into the trench. Pipe laying shall .. proceed up -grade with the spigot ends pointing in the direction of f flow. All pipe shall be laid true to the lines and grades as established by the Engineer, batter boards or laser beam shall be used and each length of pipe set to grade. Bell holes shall be dug at each joint of sufficient depth to allow the entire length i of the barrel of the pipe to rest on the bottom of the trench and to allow ample space for properly jointing the pipe. The jointing shall be completed for all pipe laid each day, in order not to leave open joints in the trench overnight.At times when pipe laying is not in progress, then open ends of the pipe shall be properly plugged. 'No pipe shall be laid in water, or when trench conditions or weather is unsuitable for such work. If the pipe is disturbed from line and grade after being laid, the pipe shall be removed from trench, the joints cleaned and the pipe relaid. The Water Utilities Department shall be notified at least 24 hours in advance of when pipe is to be laid in any trench. No pipes shall be covered or authorized for cover until they have been inspected by the City's Inspector. ackfillina Around Pipe: The backfill around the pipe and to a point 12" above the top of the pipe shall be carefully placed and shall be loose top soil or finely divided caliche free of organic matter, rocks or hard clods larger than two inches. The remainder of the backfill that is above twelve inches (12") higher than the top of the pipe at all locations, except under highway crossings and railroad crossings, shall be backfilled with loose i excavated material in 12" maximum layers and compacted by forcing water into the backfill at the level of the top of pipe until the water level �. rises to within eighteen inches of the natural ground surface. The water shall be forced into the backfill at locations not more than ten feet apart. In areas to be capped with concrete, the remainder of the backfill that is above twelve inches (12") higher than the top of the pipe shall be backfilled with select' excavated material in 6 inch to 12 inch layers '- and compacted to 95% standard proctor density. The moisture content i' shall be attained by prewetting and thoroughly mixing before applying appropriate layers to accomplish desired. compaction. All surplus material shall be loaded and wasted at the Contractor's expense, at locations approved by the Engineer. Following the completion of the backfilling the Contractor shall maintain the street and trench surfaces, in a satisfactory manner until final completion and acceptance of the work. The maintenance to include blading from time to time as necessary, filling depressions caused by settlement, sprinkling to settle dust, brooming or flushing at the request of the Engineer and other work required to keep the streets and roads in satisfactory condition for traffic. The Contractor shall maintain and be responsible for all paving cuts until such time as City Forces shall repair cuts with asphalt. Surface.Restoration: All streets, alleys, driveways, sidewalks, curbs or other surfaces broken, cut or damaged by the Contractor shall be resurfaced in kind or as shown on the Plans. Clean Up: All rubbish, unused materials and other non-native materials shall be removed from the jobsite. All excess excavation shall be disposed of as specified by the City's Inspector, and the right-of-way shall be left in a state of order and cleanliness. Connection to City Sewerage System: Flow of any kind into the existing sewerage system shall not be allowed until the sewer has been satisfactorily completed and accepted for use by the Water Utilities Department. Inspection. Testinq._Approval and Acceptance of Gravity Flow Sanitary Sewers• SCOPE The work covered by this Specification consists of the inspection, testing, approval and acceptance of gravity flow sanitary sewers, including appurtenances normally installed as part of the system. The work may include leakage testing, deflection -testing of flexible pipe system and television inspection of the interior of the finished sewer system. QUALITY,STANDARDS The latest published revision of the Quality Standards in effect at the time of bid shall apply. ASTM C 969: Infiltration and Exfiltration Acceptance Testing of Installed Sewer Lines 12- .7 7 ASTM C 828: UNI 8 6: MATERIALS Low Pressure Air Test of Sewer Lines. Recommended Practice for Low -Pressure Air Testing of Installed Sewer Pipe. (Published by Uni-Sell Plastic Pipe Association) Water used for exfiltration tests shall be potable or as otherwise approved by the City's Inspector. Equipment necessary for any of the tests shall be of the type, quality and capacity to perform the operations required and to execute the tests specified, and shall be furnished by the Contractor along with all labor and materials including water. INSPECTION The City's Inspector shall inspect and approve all work accomplished. Deflection testing shall be performed at the discretion of the City's Inspector. CLEANING Prior to testing any section of sewer, the Contractor shall remove all foreign matter from the interior of the system. Flushing a cleaning ball, pressure jetting or other appropriate cleaning method approved by the City's Inspector may be used. Watertight plugs or other methods approved by the City's Inspector shall then be used to prevent dirt or debris from entering the system. TESTING Testing shall be conducted by the Contractor and at this own expense. All testing shall be accomplished in the presence of the City's Inspector or his authorized representative. The City's Inspector shall be notified 24 hours in advance of the testing. Testing shall not commence on any portion of the pipeline, until G all field placed concrete in contact with the pipe, fittings or appurtenances is adequately cured. r E i The Contractor shall have the option of conducting a water exfiltration test, a low-pressure air test, or an infiltration r. test if the pipeline is continuously subjected to an exterior hydrostatic head. r, The sewer line being tested may be filled with water for a period long enough to allow water absorption in the pipe wall. The saturation period shall be a minimum of 4 hours and not more than 72 hours. i i 13- Exfiltration Test Each section of the pipeline shall be tested between successive manholes or other structures. The lower end of the section shall be closed with a watertight device. The inlet end of the section to be tested shall be filled with water to a point 4 feet above the pipe invert at the centerline of the upper manhole or structure. If the ground water level is above the pipe invert, the water level in the upper manhole shall be 4 feet above the adjacent ground water level. Ground water level shall be determined by the City's Inspector. The allowable leakage by exfiltration shall not exceed 200 gallons/inch diameter/mile/day. The leakage shall be measured by checking the drop in the water level in the upper manhole or structure over a period of 4 hours. The Contractor shall repair obvious or concentrated leaks and whatever repairs are necessary to reduce exfiltration leakage to an acceptable rate. The Contractor shall repeat the 4 hour exfiltration test after repairs until an acceptable leakage rate is attained. All repairs required shall be at the Contractor's expense. Low -Pressure Air Test The low-pressure air test shall be conducted in accordance to the provisions of UNI-B-6, "Recommended Practice for Low - Pressure Air Testing of Installed Sewer Pipe," published by Uni-Bell Plastic Pipe Association. The Contractor shall repeat the low-pressure air test after repairs until an acceptable pressure drop for the test is attained. All repairs required shall be at the Contractor's expense. Infiltration Test Infiltration tests are required only if the pipeline is continuously subjected to an external hydrostatic head (ground water level) of at least 2 feet -above the top of the pipe at the upstream manhole or structure. Ground water level shall be determined by the City's Inspector.. Infiltration test shall be made by sealing the inlet and outlet ends of this pipeline and measuring the volume of water that infiltrates into the section being tested. Flow measurement may be measured by collecting the discharge into a volumetric measuring container, weir or other approved method. The allowable infiltration shall not exceed 200 gallons/inch diameter/mile/day. The test shall be continued over a period of at least 4 hours. Time shall be allowed to soak 14- r" tM lines and manholes in advance of performing test. The Contractor shall repair obvious or concentrated leaks and whatever repairs that are necessary to reduce the infiltration to an acceptable rate. The Contractor shall repeat the 4 hour infiltration test after repairs until an acceptable infiltration rate is attained. All repairs required shall be at the Contractor's expense. r l Whenever the rate of infiltration is found to exceed the prescribed amount, the Contractor shall be notified in writing. The Contractor may then be required, by the Water Utilities Department, to provideat his own expense, electronic or photographic visual inspection of the interior of the conduit. The Contractor shall make appropriate repairs by methods approved by the Water Utilities Department and shall continue to test the conduit until it is proven satisfactory. GENERAL Final acceptance of the sewer line shall be based on an inspection covering all items in this specification. The inspection shall be done in an appropriate manner by representatives of the Water Utilities Department. The Contractor shall remedy, at his own expense, any poor alignment or any other defects in workmanship or materials revealed by final inspection. Final acceptance will be based on reinspection of the sewer after the appropriate repairs and corrections are completed. T.V. INSPECTION Where determined necessary by the City's Inspector, the sewer shall be inspected by T.V. camera prior to final acceptance of the pipeline. The costs incurred in making the initial inspection by T.V. camera shall be borne by the Contracting Agency. T.Y. equipment expressly designed for pipeline inspection purposes and operated by experienced and qualified personnel shall be pulled through the entire pipeline. The T.V. operator shall maintain a log of all inspections and note location, type and extent of any deficiencies. The T.Y. operator shall also photograph all deficiencies and not less than one "typical" location per each 500 feet of pipeline inspected. r. The Contractor shall bear deficiencies found during additional T.Y. inspection deficiencies. all costs incurred in correcting the T.Y. inspection, including cost of required to verify correction of noted T.Y. inspection conducted solely for the Contractor's benefit shall be at the Contractor's expense. DEFLECTION TEST Where determined necessary by the City's Inspector, sewer pipe shall be subjected to a deflection test. Deflection tests shall be conducted in the presence of the City's Inspector and after the pipe has been installed and backfilled. The deflection test shall be conducted by'pulling a mandrel (go -no go device) through the pipe. The mandrel shall be designed and sized for each size of pipe and shall be at least 1.5 pipe diameters in length. The mandrel shall be constructed with an odd number of runners placed parallel to the pipe centerline and equally spaced around the perimeter of the mandrel. Mandrels for 8 inch pipe shall be constructed with at least 9 runners, and more runners shall be utilized for 'larger pipe sizes. Test mandrel shall be furnished by the Contractor. All test equipment, calibration' data and procedures shall be subject to the approval of the City's Inspector. Ring or diametric deflection of the installed pipe shall not exceed 5% of the design internal diameter of the pipe. Pipe sections that restrict free passage of the mandrel shall be removed and replaced or excavated, rebedded, backfilled and retested. All such repairs, replacement, remedial work and retesting performed by the Contractor shall be at his expense. The deflection test may be conducted concurrently with the T.V. inspection of the pipe interior, subject to approval by the City's Inspector. ACCEPTANCE Flow of any kind into the existing sewerage, system shall not be allowed until the sewer has been satisfactorily completed and accepted for use by the Water Utilities Department. Portions of the work completed may be placed in operation after all cleaning, testing and inspection requirements have been fulfilled. Such partial use or partial acceptance shall be subject to approval of City Inspector. Restoration and Clean U The Contractor shall restore or replace all removed or damaged paving, curbing, sidewalks, gutters, sod, shrubbery, fences, irrigation ditches, pipe, or other structures or surfaces to a condition equal to that before the work began and to the satisfaction of the Water Utilities Department. When pavement must be' replaced and hot -mix asphalt paving is not available, the Contractor shall install cold -mix asphalt over the trench and replace it with hot -mix as soon as possible. The construction site shall be left clean and orderly. 16- J A minimum base course of six inches shall be placed in trench areas prior to either permanent or temporary asphalt placement. The base course material shall conform to the following gradation: Percent by Weight Sieve Designation Passing Sieves ! 1-1/2" 0- 5 7/8" 8-30 1/2" 30-55 #4 50-70 #40 70-90 LL shall not exceed 45 PI shall not exceed 15 LS shall not exceed 5 r v I i, 1 1 �"" 17- 03 i I 1 J TABLE P-2—TRENCH SHORINGLMiNIMUM REQUIREMENTS Size and spacing of members Uprights Siringen Goss braces ; Width of french Maainrrm spacing Depth of Kind of condition of earth stench minignurn Ata■irnum Llinilrlreh Ma.imurn Up to i 3 10 a lest a to 9 feet 610112 121015 Veftel HOdsoMd dimension spacing drnension Spec" feet Ise• low Feel Inches Feet Inches Feel Inches Inches RKties frwtws Inches Feet Feel 51010 Mard. comPact-.......--- 7x4 or 2X6 6 ... 2xe 4x4 4xa axe axe 4 a Likely to crack 3x4 or 2X6 3 4x6 4 2xe 4x4 4Xa '6x6 axe 4 a Close Soh. sandy. or titled 3x4 or 2xe sheeling 4X6 4 1 4X4 4xe axe axe axe 41 a Cole Hydrostatic pressure 3x4 or 2X6 theeting axe 4 4x4 4X6 axe axe 6Xe 4 9 to to is Hard..„ 3X4 or 2x6 4 4xe 4 4X4 4X6 axe axe axe 4 a Likely to crack .. „. „ 3 x 4 or 2x6 2 4xe 4 4x4 4x6 6X6 axe axe a Soft sandy. or t41ed.. 3x4 a Close _ 2X6 sheelwg 4X3 4 4x6 axe aX6 exe exlo 4 a Goss Hyaostatic p►essu►e„..„„...„„„•.•. 3x6 •hearing 8X10 4 4xe axe axe axe 9X10 4 a r Close 1Sto20 Allw+dsorconddions 3x6 sheotmg 4x12 4 4x12 axe axe 6x10 lox10 , 4 6 Close Over 20 AN Linds or sondrlrons 3Xa sheetww2 axe 4 4xl2 axe aXlO loxlo IOX/2 4 a 'Trench jacks may he used in Mau of, or in combwNlon with, cross braces. St*tdV it n0t requwed in ScAd rock. hold !hale• of herd stag Where desirable, sled shcol pphng and bracing of equal shwIlh may be substituted fa wood. r TRENCH JACKS IN TRUE HORIZONTAL POSITION AND SPACED VERTICALLY • UprightS AVOID DANGEROUS OVERHANGS! ALL MATERIALS USED FOR SHORING SHALL BE IN GOOD CONOITION,FREE OF DEFECTS AND OF AT LEAST MINIMUM SIZE SHOWN IN ACCOMPANING CHART. SHORING SHALL CLOSELY FOLLOW THE EXCAVATION. r" I ONE EXAMPLE OF SEVERALTYPES OF SHEETING UprightS. ..• 1 Trenching machine i TRENCH SHIELD */ L.-00, -Tamper , a 20 CITY OF LUBBOCK, TEXAS HATER UTILITIES DEPARTMENT MEASUREMENT AND PAYMENT INDEX Title Page General.............................................................1 PipeLines..........................................................I Valvesand Boxes....................................................I Fittings............................................................1 SewerLines.........................................................2 Shoring.............................................................2 Class"B" Concrete..................................................2 LiftStation........................................................3 FinalCleanup.......................................................3 MEASUREMENT AND PAYMENT 1. GENERAL The unit price bid on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment and materials, except materials specifically specified to be furnished by others, 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 on which no separate payment is made shall be included in the bid prices on the various pay items. 2. PIPE LINES !^ The length of pipe lines of the various sizes and types to be paid for will be determined by measurement along the center line of the pipe installed, measurement being made from center of fitting to �. center of fitting without any deduction for the length of { intermediate fittings or valves. { Furnishing and installing pipe of the type and class as called for r' in these specifications as shown on the plans and as the various ( depths of cut as required will be paid for as the unit price per linear foot for furnishing and installing the pipe complete in place. The unit price bid shall be complete compensation, including all materials, excavation, gravel embedment, fittings, grading, backfilling, and any and all incidental work in connection with the pipe lines not otherwise included in the bid items or otherwise provided for in the specifications. 3. VALVES AND BOXES Furnishing and installing valves at the various locations shown on the plans or as required will be paid for at the unit price bid each for furnishing and installing the various size valves, complete in place. The unit price bid shall be complete compensation for furnishing and installing the valve complete in place and shall include furnishing and installing the valve boxes and length of clay tile for all 12" and smaller valves. 4. FITTINGS The fittings or specials required in construction of the various sizes of pipe lines and those specials required to tie into existing lines as shown on the plans will be included in the unit price bid per linear foot for furnishing and installing approved pipe. r" Page 1 f l 5. SEWER LINES A. Measurement The length of the sewer lines of the various sizes and types to be paid for will be determined by measurement along the centerline of the pipe installed; measurement being made from center of manhole to end of pipe. No deductions will be made for the space occupied by manholes'or fittings. The various depths of cut to be paid for will be determined from final profiles of the lines as constructed, the depth of cut being the vertical distance from the original ground surface to the invert of the pipe. B. Payment Installing or furnishing and installing sewer pipe at the various depths of cut, in the locations shown on the plans or as required will be paid for the unit price bid per linear foot for installing or furnishing and installing the pipe at the various depths of cut, complete in place. The unit price bid shall be complete compensation for furnishing and installing the pipe complete in place, including all materials, excavation, encasement or embedment, grading, backfilling, and any and all incidental work in connection with the pipe lines not otherwise included in the bid items or otherwise provided for in the specifications. 6. SHORING Shoring as required will be paid for as the unit price bid per linear foot at the various depths of cut. The unit price bid shall be complete compensation for furnishing and installing shoring, complete in place, including all materials labor and all incidental work in connection with the shoring not otherwise included in the bid items or otherwise provided for in the specifications. 7. CLASS "B" CONCRETE The furnishing and installing of Class "B" concrete shall be subsidiary to the various items for which it is necessary, and the cost will be included in the unit price bid for the particular item. No separate payment will be allowed for concrete blocking or cradling. Page 2 P" {r r- 8. LIFT STATIONS { Payment for the lift station shall include all the incidentals r.. necessary for a complete lift station, including labor, materials, f excavation, backfilling, suction and discharge piping, guard post, pumps, guide rails, hatches, gate valves, check valves, fittings, wet well, valve box, emergency pump connection, controls and all r other incidentals between the stations 0+20 of the influent sewer and station 0+00 station of the 10" force main. 9. FINAL CLEANUP The cost of the cleanup shall be included as a part of the cost of the various items of work involved and no direct compensation will be made for this work. Page 3 r SPECIAL CONDITIONS I" r {� TO: l: r NOTICE OF ACCEPTANCE The City of Lubbock, having considered the proposals submitted and opened on the day of 199_, for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the day of 199_ at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. t . The five percent (51/o) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above speed ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. I CITY OF LUBBOCK Owner's Representative 7