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Resolution - 4601 - Contract - RE Monks Construction Company - Excavation & Grading Of Cell IV B 2-4 - 09_08_1994
Resolution No. 4601 Item # 29 Council Date: 09/08/94 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 R.E. Monks Construction Company of Artesia, New Mexico to furnish and install all materials as bid for the Excavation and Grading of Cell IV (B) 2, 3, 4, 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 8 th day of ATTEST --.- Betty M. 3ohnso City Secretary APPROVED AS TO CONTENT: Victor KilmlA Purchasing Manager AS TO Assistant City Attorney D0V:dpKl:\ccdocsV on1c& = AgpA 31.1994 September 1994. CITY OF LUBBOCK SPECIFICATIONS FOR EXCAVATION AND GRADING OF CELL IV (B) 2, 3, 4 BID #13035 .",t &&, by E CITY OF LUBBOCK Lubbock, Texas r 1. CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: EXCAVATION AND GRADING OF CELL IV (B) 2, 3, 4 ADDRESS: LUBBOCK, TEXAS r BID NUMBER: 13035 PROJECT NUMBER: 2143-55190-9990 CONTRACT PREPARED BY: PURCHASING DEPARTMENT r r� r 1. .n 5 2. r.. 3. 4. 5. 6. 7. r, 8. 9. !" 10. 11. rr 12. 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 r i I NOTICE TO BIDDERS r� t r NOTICE TO BIDDERS BID #13035 Sealed bids addressed to Dolores E. Chavarria, 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 2:00 o'clock p.m. on the 18th day of Auzust,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: EXCAVATION AND GRADING OF CELL IV (B) 2, 3, 4 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 a Lubbock, prior to the expiration of the date above first written. �* The City of Lubbock will consider the bids on the 8th day of September, 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 .R 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds I $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Raft of B or su�rior, 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. r„ Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as ^' heretofore established by owner in said wage scale. I 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 lath day of August,1994, at 10:00 o'clock am., in the Purchasing Conference Room L04, 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 _ / I DOLORES E. CHAVARRIA BUYER r- i ADVERTISEMENT FOR BIDS BID #13035 Sealed bids addressed to Dolores E. Chavarria, 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 2:00 o'clock p.m. on the 18th day of August,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: EXCAVATION AND GRADING OF CELL IV (B) 2, 3, 4 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 pursuant to this advertisement, r., 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 lath day of August, 1994, at 10:00 a.m., in the Purchasing Conference Room L04, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid r► 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 DOLORES E. CHAVARRIA BUYER r- GENERAL INSTRUCTIONS TO BIDDERS 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 Excavation and Grading of Cell IV (B) 2, 3, 4. 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. r+ 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 200 (Two Hundred) 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 r r such action as the City deems necessary to insure completion of the project within the time specified. 5. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. ).. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by r� the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been noted. 0-4 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best: quality and grade will be r„ 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. r'" 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 any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its — certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the 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 might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 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 i 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. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. ' In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall .• further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available: at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written 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 shallfurther state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations 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 contact 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. Cr i (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. is. 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 subcontraciors 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. 21. 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. M General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. POO Pao I BID PROPOSAL BID PROPOSAL BID FOR UNIT PRICE PLACE:Q-: k„ DATE: PROJECT NO: 13035 - EXCAVATION AND GRADING OF CELL IV (B) 2, 3, 4 Proposal of �� /����� . �o (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 EXCAVATION AND GRADING OF CELL 1V (B) 2.3, 4 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 200 (Two Hundred) 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 $500.00 (Five Hundred Dollars) for each calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with of the General Instructions to Bidder. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications, and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety ' company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent r (59/6) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum of N,X \&!,6 A,\.,,.._ -:�ollars ($Z which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the O%Nmcr and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. ,k r (ISeai if Bidder is a Corporation) ATTEST: I i ecre rv_ Contractor r� UNIT COST PROPOSAL FORM Bid Item Ouantity Description Unit Total 1. 980,200 c.y. Excavation { I Q /c.y.) p ( 1:? 8.,) & Grading 2. 48,550 c.. Construction 112 (L• — . ' Debris Berm 3. 500 C.Y. Compacted Fill (j • � k.y.) ($ ..'yQy TOTAL BID (ITEMS 1, 2, & 3) LIST OF SUBCONTRACTORS Hnority Owned Yes No 1' V c— %' - -' ' — 6. '' -' '' 10. Inr- Amr-IKil.-Hly llv-)I)IUIt Vr Ar,-riiItl-,IJ AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe R. E. MONKS CONSTRUCTION COMPANY 8355 Vollmer Road, Colorado Springs, Colorado 80908 as Principal, hereinafter called the Principal, and FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. a corporation duly organized ' under the laws of the State of ' Ohio as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK, TEXAS 1625-13th Street, Room L-04, Lubbock, Texas 79401 as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Total Amount of the Bid Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Excavation and Grading of Cell IV(B) 2, 3, 4, Lubbock, Texas, Bid Number 13035, Project No. 2143-55190-9990 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the laithful performance of such Contract and for the prompt payment of labor and material iurnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of August 19 94 ATTEST: / R. E. MONKS CONSTRUCTION COMPANY BY y�p,,,.,f to (Principal) (Seal) WITNESS: KID AND GUAFKM SURANCE UNDERWPITERS, T BYE f ur t fSeal) Shelley Czaj sk' Denver, Colorado J. R Richards (Title) Attorney —in —Fact AIA DOCUMENT A310 - BID BOND - AIA © - FEBRUARY 1970 ED - THE AMERICAN —r INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 `� Tim TAI.BERT CORPORAUON a Hilb, Ropl and Hamilton Company P.O. Box 9364, Denver, CO 80209-0364 Phone: 303-722.7776 FAX 303.722-8862 Surety Bonds and Insurance 25043 FIDEUTTY AND GUARANTY INSURANCE UNDERWRITERS, INC. POWER OF ATTORNEY NO. 313 fU S F+G~ 11s1I11ti U. KNOW ALL MEN BY TIMSE PRESENTS: That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and eci img under the laws of the State of Ohio and having its principal office at the City of Baltimore, in the State of Matybad, does hereby constitute and appoint B. R. Clark, Charles H. Fleck, Courtney T. Peterson, Carol Bronder, Robert J. Sunich, Leon B. Dartois, James S. Rosulek, Melvin Hardenbrook, Jr., J. R. Richards, William R. Barbour and Celeste Moore of the city of Denver - State of Colorado its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof: the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. has entsed this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 17 th day of June , A.D. 19 94. FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. HfCRIITEh (Signed) By..... ...... . ............................... 1951 Senior Via President .:.�Ar (Signed) By........�................. STATE OF MARYLAND) vo N Assistant Secretary BALTTMORE CITY ) SS: �$ on this 17th day of June r• , A:l). 19 94 ,before me petsooi - came Robert J. Lamendola Senior Vice President ofthe FID73.IIY AND GUARANTY�INSURANCE UNDERWf4iIERS: INC and Paul-,D. Sims Assistant Secretary of said Company. with both of whom Tam personally acquaintedoo living by me severally�duijr ssrom, said, that they, the said Robert J. Lamendola and �Paui D. Sims �� wer4FIRAvelythe Senior Vice President and the Assistant Secretary of the said FIDELITY AND GUAWft INSURANCE UNDERWRITERS, INC., the eorpoiaUon described in and which executed the foregoing Power of Attorney, "they each knew the seal of Zia Corporation: that the sei4�aS-txed to said Power o orpey wras such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed,thei Yn`anies thereto by like o as . rotor Vice President and Assistant Secretary, respectively, of the Company. � My Commission expires the March A.D.1995 - : •� � (Signed) NOTARY !PUBLIC This Power of Attorney is granted under iaillryiuthority of the following Resolutions adopted by the Board of Directors of the FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. on September 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s}in-•Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice Prnidect, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereo& and. unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid wad binding upon the Company and any such power so executed wad certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached RESOLVED. that Attomey(*in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to there, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(*in-Fact shall be as binding upon the Company as if signed by an Executive Officerand sealed and attested to by the Secretary of the Compaq•. lL Paul D . Sims , an Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., do hereby certify that the foregoing is a true exaerprfrom the Resolution of the said Comparry as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effect., 1. the undersigned Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. do hereby certify that the foregoing Power of Attorney is in full force and effect and bat not been revoked. ; t , ' ' In Testimony Whereof; I have hereunto set my hand and the seal oft' ; • 'F—rIY GUARANTY INSURANCE uNDERWRITERS, INC. on this 18tt day of August . 19 94 .^ OMNOM ....... /.- . ...................... FS 8 1 (10-92) 1951 ` ' Assistant Secre" STA=ORY PHBFORMANCE BOND PURSUAWr TO ARTICLES 160 OF MM REVISED CIVII, STA=ES OF TEXAS AS PM ANIE"NDED BY ACTS OF THE $6 M LEGISLATURE, REGULAR SESSION 1959 Bond No. 19-0120-12011-94(2) R. E. MONKS CONSTRUCTION COMPANY r' KNOW ALL NM4 BY THESE PRFS1rI M, that coiled the Prindpal(s), as Prindpal(s), and FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. r= Baltimore, Maryland (hereinafter call the S , as S�, and firmly bound into the City of Lubbock anreimftcr called the Obligee), irx the mnount of s * Dollars (S * ) Lawful money of the United States for the payameml whereon the said Prirsdpal and Surety bind the:='-, s, cad their heirs, administrators, exe`ators, suc=.ssors and assigns, jointly and severally, firmly by tb= prtsz= *THOUSAND THREE HUNDRED TH= EIGE1T AND 5W100 ($944, 338.50 ) Wis'EREAS, the Principal has eaursd into a certain wrinca contract with the Oblige`, dated the 8thday of September P 192�to Bid #13035 — Excavation and Grading of Cell IV (B) 2, 31 4, Lubbock, Texas and said pd==ivzl uadts the law is required before corrtmesciag the work provided for in said eantract to c=te a bond in the account of said contractwhich coat act is hemby referred to cad made a part hereof as fully and to the same od=t as if copiai at length herein NOW, TF.ERE'ORE, 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, rhea this obligation shall be Yaid; otherwise to rtm qs is full force and effect. PRC 14DED, HOWEVER, that this bond Is executed pursuant to the provisions of Article 5160 of the Revised Civil Staattes of Tc:= as amended by Acts of the 56 th Lggislature, regular session 1959, and alI liabilities on this bond shall be determined in rdar-- with the provisions of said article to the same Cxr»lt as if it were copied at length herein. 1N Vrl rNESS WA9 EOF, the said Principal (s) and Surety (s) have signed anti scaled this instrument this 8thday of September . 19 yj FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. R.E. MONKS CONSTRUCTION COMPANY Surety Principal (Title) J R. Richards, Attorney —in —Fact COUNTERSIGNED BY TEXAS RESIDENT AGENT AttesgPc) By:—, By: .�....�� H&Mrd Cowan Howard Cowan Enterprises, Inc. By,. 8200A Nashville, #201 BOND CHECK fie) Lubbock` TX 79453 BEST RATING LICENSED -IN TEXAS DATE =9/9 By -P Tim TALBERT C&RPxPORAn N a Hilb, Rogal and Hamilton Company P.O. Box 9364, Denver, CO 80209-0364 Phone: 303-722.7776 FAX 303-722-8862 Surety Bonds and Insurance The uxrdets ped surety company segresents that It is duty qualified to do business to Texas, and hereby de:: v=cs Howard Cowan an agent resident to Lubbock Coaaty to whom any requisite notices may be dcUvcrrd and;m whom- of process may be had in matt= arising out of such samtyship. FIDELITY AND'GUAFANTY INSURANCE UNDERWRITERS, 1NC. Surrsy tE . tie) J. R. Richards ApprovedAttorney—in—Fact City of bock - tl n=f + Note: If signed by as officer of the Surcty Company there must be an Sac a certified e>=:t from the by-laws showing that this person has authority to sign such obligation If signed by an Attorney in Fact, we amst have copy of power of attorney for our S STATU'PORY PAYMII U BOND PURSUANT TO ARTICLE 5160 .OF:nM REYiSED CIVM STATUTES OFTEXAS P" AS AhiF_� BY ACTS OF THE 5CM LEG£SLATURE, REGULAR SESSION, 1959 Bond No. 19-0120-12011-94(2) R. KNOW ALL NM4 BY TENSE PRESENT'S, that E. MONKS CONSTRUCTION • . called the Psincigal(s)� as Prina�a1({s), and FIDirLITY AND GUARANTY INSURANCE UNDERWRITERS, INC., Baltimore, Maryland r (iu:cnafte: called the Smvty(s), as Surety(s), are held and firmly bannd unto the City of Lubbock (h=aaSer the Obug=), is the amount of NINE ELtME D EKWY * Dollars (S * ) lawful money of the United State for the paymeat wh==4 the said Principal and Surety bind th=sclvts, and d=ir heirs, adminisnatocs, Mors, suds and szsagns, jointly and scvtraily, firmly by attic pre:==& *TSOUSAND THREE EMDRED THURTY EIGHT AND 50/100 (�944.338.50)) WHERF-AS, the Principal has catered into a attar.= wzi= contract vAth the Obligee; daiai the 8th dayr of September , 19 94, m r Bid #13035 - Excavation and Grading of Cell IV (B) 2, 31 4, Lubbock, Texas and said Prinipal under the law is required before commencing the work provided for in said contract to Brute a bond is the wncunt of said contract which contract is i ercby rem -red to and made a part hereof as Ailey and to tha same exeat as if copied at length herein. NOW, THEREFORE, THE CONDMON OF THIS OBLIGATION IS SUCFI, that if the said Principal shall pay all d imantc supplying labor and nmtezial to hi= or a sabcanhactar in tho prosecution of the wo&. providcd for in said cent mcs, th= this obllgat= shall be void od= visa to mmai in full force and tffe=, PROVIDED, HOWEVER, that this bored is ccecuted pursuant to the provisions of Artic'.e 5160 of the Revised Civil Statutes of Texas as a -=fled by Acts of the 56th Legislature, Regular Stssiam 1959, and all liabilities on this bond small be de m=nlne;i in :!=rdanee with the provisions of said Article to the same extent as if it`v= copied at kn-.1h herein_ !N WTi N'ESS Wi 5REOF, the said Principal (s) and Surety (s) have signed and sealed this insaumenc this 22nd day of eptemr,-_r 19_94. R. E. MONKS CONSTRUCTION COMPANY 8355 Vollmer Road f: IDELIT"i AND GUARANTY INSURANCE UNDERWRITERS, INC. Ce)1 nraricL Qnri ngc . t-oi nrnao R0906 Surety Principal 'B itle) �, /Y1a.\•5 �1 J. R. Richards Attorney -in -Fact .the e Br.-,,A?o� COUNTERSIGNED BY TEXAS REfflDENT AGENT (ride) By: H red Cowan BEST RATING ��� Howard Cowan Enterprises, Inc. LICENSED IN TEXAS 8200A Nashville, #201 . DATE Q 2I q BY,���E--_ rr Lubbock, TX 79453 , .. Try TALBERT I:�DRPORAT m ` a Hilb. Roeal and Hamilton Company pow P.O. Box 9364, Denver, CO 80209-0364 Phone: 303-722.7776 FAX 303-722-8862 Surety Bands and Insurance The =dersiped surety ConVa3ly represents that It Is dufy, qualified to do business In Texas, and hereby designates Howard Cowan as agent resident in Lubbock County to whom =y requisite actives may be delivered and on whom sw of process may be had in matters arising out of such sureqsbip. FIDELITY AND GUARANTY.., INSURANCE UNDERWRITERS,-'INC. SM=Y J. R. Richards Approved as to fc=* Attorney —in —Fact City r Z;Attorney Note: If signed by an, officer of the Surat' Company there must be on file a c=ffied extract from the by-laws showing that ads person has authority to sign such obligatiom If signed by an Attorney in Fact, we must have copy of power of attorney for our I t .- 25086 7 FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. POWER OF ATTORNEY ; U NO. 313 Ir,s/It1cE Unit KNOW AIL MEN BY THESE PRESENTS. That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC.. a corporation organized and existing under the laws of the State of Ohio and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute sad appoint B. R. Clark, Charles H. Fleck, Courtney T. Peterson, Carol Broader, Robert J.: Sunich, Leon B. Dartois, James S. Rosulek, Melvin Hardenbrook, Jr., J. R. Richards, William K. Barbour and Celeste Moore oftbe City of Denver • State of Colorado its tare and lawful Attorneys)4ce-Fad. each in their separate capacity if more than one is tamed above, to sign its name as surety to, and to execute. seal and acknowledge any and all bonds, undertakings, contacts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons: guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed bylaw. In Witness Whereof, the said FIDELCIY AND GUARANTY INSURANCE UNDERWRITERS. INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 17 th day of June . A.D. 19 94. FIDELITY AND GUARANTY INSURANCE UNDERWRITERS. INC. ��- - IORItI® (signed) By.....i":�'""" 1951 Senior vice President (Signed) By. ..... r Assistant Secretary STATE OF MARYLAND) 40 SS: BALMMORECITY ) /I+�s �p On this 17 th day of June A!D. t9 94 , before me �Y Robert J. Lamendo la Senior Vtce President of the FIDELITY AND GU=,PP.= iJRANCE UNDER INC. and Pau D . Sims Assistant Secretary of said Company, with both of nally acq o tag by me sevenll W rn. said, that they, the said Robert J. LamendOla and i D . Sims we vely the Senior Vice President and the Assistant Secretary of the said FIDELITY AND INSURANCE INC., the co>described in and which executed the foregoing Power of Attorney; that they each knew the seal of Aid corporation: that thm axed to said Power o was such corporate seal. that it was to affixed by order of the Boar! of Directors of said corporation, and that they signcd,{hE dames thereto by like o�ei(j'= r Vice President and Assistant Secretary, respectively, of the company. 1 ��.. �� YY My Commission expires the lltt}1.6 is March A.D. 19 95 ,, LVj w.wr (Signed) . ... ........... �tlpptt:�� NOTARY PUBLIC This Power of Attorney is granted under aid by�authority of the following Resolutions adopted by the Board of Directors of the FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. on September 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fad pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and sball be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President. jointly with the Secretary oran Assistant Secretaty, under their respective designations. The signature of such officers maybe engraved, prided or lithognphed. The signature of each of the foregoing officers and the seal of the Company maybe affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the mntu m thereof, and, unless subsequently mvoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signal = and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attotney(s)-in-Fad shall have the power and authority, unless subsequently revoked and. in any case, subject to the terms and limitations of the Power of Attorney issued to them to execute and deliver on behalf of the Company and to attach the seal of the Company to any and aA bonds and undertakings. and other writings obligatory in the nature thereof and any such instrument executed by such Attomey(s)-in-Fad shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. L Paul D . Sims . an Assistant Secretary of the FMELIlY AND GUARANTY INSURANCE UNDERWRTIERS, INC., do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as sdVtcd by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effer' I' � " 1' 1"I' , • L the undersigned Assistant Secretary of the FIDELCIY AND ail" PANTY INSURANCE UNDERWRITERS, IN,:. do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. , r la Tesso Wh I have hereunto uD' hand and the i¢it o:l FLl1X GUARANTY INSURANCE UNDERWRITERS. INC on this 22nt�ay of Jevtei y .19 `} i ' -' ; ltt1 >711 ' ...I � ......... :..:..... ................ FS $1 (10-92) 1951 z'.`.; Asssr naSecrst ry CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: Type of Lubbock, Texas Project: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the types of insurance and in accordancewith the provisions of the standard policies used by this Company, the further hereinafter described. Exceptions to standard policy noted hereon. �,.. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability Workmen's Compensation Owner's Protec- Per Person $ tive or Contin- Per Occurrence $ gent Liability Property Damage $ Contractor's -------------- Per Person $ Protective or Per Occurrence $ Contingent Property Damage $ Liability Per Person $ Automobile Per Occurrence $ Property Damage $ Comprehensive General Liability Umbrella Liability ` The foregoing Policies (do) (do not) cover all sub -contractors. r Locations Covered DESCRIPTION of Operations Covered The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the r insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THIS CERTIFICATE MUST BE SENT TO THE OWNER. (Name of Insurer) By: r- j Title I CERTIFICATE OF INSURANCE ISSUE DATE (MMIDQ/YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS The Talbert Corporation NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 455 Sherman, Suite 390 . COMPANIES AFFORDING'COVERAGE P. 0. Sox 93E Dc nver, CO 80209-0364 COMPALETTERNY A USF&O , 11 COMPANY B LETTER r INSURED R. E. Monks Construction COMPANY (+ p C: o m p a n y LETTER COMP NY p P.O. Box 25579 Colorado Spgs CO 809,36 LM t- COMPANY LETTER COVERAGES 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. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDNY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY #$I/# 1MP133993520 5/01/94 5/.01/95 GENERAL AGGREGATE S 20000 PRODUCTS - COMP/OP AGG. S X COMMERCIAL GENERAL LIABILITY CLAIMS MADEa OCCUR. $ PERSONALS AOV, INJURY OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE S k , FIRI5 DAMAGE (Any one (fro) $ 50000 MED. EXPENSE (Anyonepereon) S AUTOMOBILE LIABILITY IAB300331152 5/01 /94" 5/01 /95 COMBINED SINGLE Iq S 1000000i i X ANY AUTO LIMIT : ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS X HIRED AUTOS (Per person)' BODILY INJURY S X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE S C EXCESS LIABILITY IMP 133993520 5/01 /94 5/,01 /95 EACH OCCURRENCE t 2000000, ' AGGREGATE $ 2000000 �( UMBRELLA FORM OTHER THAN UMBRELLA FORMr� °. a A WORKER'S COMPENSATION 655 50157384 5/01 /-94 5/01 /95 X ISTATUTORYLIMITS EACH ACCIDENT $ 100000 AND D DISEASE-POUCYLIMIT $ 5000 or EMPLOYERS' LIABILITY DISEASE -EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONWLOCATWNWVEHICL.E=PECIAL FTEMS - - BID #13035 — EXCAVATION AND ORADING OF CELL IV (E) 2, 3, 44, LUBBOCK, TX *-ADD'L. INSURED *WAIVER OF SUBROGATION IN FAVOR' OF CITY OF LUBBOCK, TX CERTIFICATE HOLDER CANCELLATION j SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAkELLED BEFORE 7HE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL;' ` 1 ODAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER- NAMED TO THE. " CITY OF LUBBOCK, TX LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL!IMPOSE NO OBLIGATION OR 1625 13TH ST. , ROOM L-04 LIABILITY OF ANY MIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. j L UE B OCK # TX 79401 10 DAY NOTICE WILL BE GIVEN FOR NON-PAYMENT OF PREMIUM. AUTHORIZED REPRESENTATIVE r _ j 2•- 19 L-L t-- U� L-,' t-- t �r- r CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 8th day of September, 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 R. E. MONKS CONSTRUCTION COMPANY of the City of Colorado Springs, County of Colorado Springs, and the State of Colorado, hereinafter termed CONTRACTOR WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #13035 - EXCAVATION AND GRADING OF CELL IV (B) 2, 3, 4 FOR $944,338.50 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have ex=uted this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. l 1' ATTEST: k r S cretary ' APPRO AS TO CONTE Ll /»+2 r r APPROVED AS T FORM: i F A ST: R ` C to Secretary — CONTRACTOR: R. E. MONKS CONSTRUCTION COMPANY COMPLETE ADDRESS: P.O. Box 25579 Colorado Springs, Colorado - 80936 19 r GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this 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: R E. MONKS CONSTRUCTION COMPANY who has agreed to perform the work embraced in this contract, or to his or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to QUENTIN THOMAS, ASSISTANT CITY MANAGER, 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 accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 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 rWritten 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. 7 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. r r 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. 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 C" 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. r a If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS 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 accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. r" 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 r., Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. I E It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (151/6) per cent. r In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and 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. r` d 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. 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of 1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) T' 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. t B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows: For bodily injuries, including accidental death and or property damage, $1,000,000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, 1,000,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total bidM/ tential loss naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $1,000,000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least S 1,000,000 G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. 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' r- Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, 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 speed in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of S500.00 (Five 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. r Iii 36. 37 38. 39 40 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 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. 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 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. 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 furnished on the project. 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. 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 furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS 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 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained 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 any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK 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. Poo 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. 7 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 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 by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety 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 W` 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 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, 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 furnished. p 53. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 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 7 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 Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 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. .M CURRENT WAGE DETERMINATIONS roll r r Resolution #2502 ,— January 8, 1987 Agenda Item #18 r- DGV:da !� RESOLUTION WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock rr �in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and f WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February PM 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. v :Ranett#.Boyd, City Secretary APPROVED T. NTENT: Bi 1 Pdyne, 0 rector of Building Services . e - / � � G)X�''` B.C. McMINN, MAYOR APPROVED AS TO FORM: Do Id G. Vandiver, First Assistant City Attorney EXHIBIT A _ City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling.Installer Air Conditioner Installer Air Conditioner Installer -Helper Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator - Heavy Light Floor Installer Glazier Insulator, Piping/Boiler Insulator-Hel-per Iron Worker Laborer, General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet'Metal Worker -Helper Welder - Certified Hourly Rate $11.60 8.35 5.50 10.50 5.00 11.00 5.50 7.35 8.70 10.50 5.25 8.00 5.70 8.00 7.50 9.50 5.00 7.30 4.75 5.60 8.75 9.25 6.00 7.65 4.75 8.75 5.50 8.00 F" 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 0 Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. i SPECIFICATIONS 1 low I Y 'r, r CITY OF LUBBOCK, TEXAS MUNICIPAL SOLID WASTE LANDFH1 r CELL IV (B) 2, 3, AND 4 EXCAVATION AND GRADING Supplementary General Conditions and Technical Specifications July, 1994 r a e r 7 PerkhM, Smith & Cooper, Inc. Engineers • AreNteou * Planners SECTION 00003 TABLE OF CONTENTS CITY OF LUBBOCK, TEXAS MUNICIPAL SOLID WASTE LANDFILL CELL IV (B) 2. 3 AND 4 EXCAVATION AND GRADING DIVISION 0 - CONDITIONS OF THE CONTRACT 00805 Supplementary General Conditions DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work 01019 Contract Considerations 01039 Coordination and Meetings 01050 Field Engineering 01090 Reference Standards 01300 Submittals 01400 Quality Control 01500 Construction Facilities and Temporary Controls 01560 Environmental Protection 01700 Contract Closeout DIVISION 2 - SITE WORK 02221 Excavation DIVISION 3 - CONCRETE Not Required DIVISION 4 - MASONRY Not Required DIVISION 5 - METALS Not Required DIVISION 6 - WOOD AND PLASTICS Not Required DIVISION 7 - THERMAL AND MOISTURE PROTECTION Not Required 2683-94 00003 - 1 NUMBER OF PAGES L•' 3 1 2 1 2 2 1 2 4 2 5 DIVISION 8 - DOORS AND WINDOWS Not Required DIVISION 9 - FINISHES r Not Required DIVISION 10 - SPECIALTIES r Not Required r DIVISION 11 - EQUIPMENT Not Required r DIVISION 12 - FURNISHINGS Not Required r I DIVISION 23 - SPECIAL CONSTRUCTION F Not Required DIVISION 14 - CONVEYING SYSTEMS Not Required DIVISION 15 - MECHANICAL k Not Required DIVISION 16 - ELECTRICAL i Not Required r� r r 2683-94 t. r• 00003 - 2 r• SECTION 00805 t' SUPPLEMENTARY GENERAL CONDITIONS PART 1 GENERAL 6 The following paragraphs identify and describe charges to specific paragraphs in the General Conditions. 1.1 ADDITIONS, DELETIONS, AND REVISIONS 1.1.1 General Conditions "ll. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE", delete the entire paragraph and replace with the following: The Contractor will be furnished five (5) sets of the full-sized drawings and five (5) sets of the specifications for use during construction. This shall include all plans and specifications furnished to material suppliers and subcontractors but does not include executed contract copies. Plans and specifications for use during construction will be furnished directly only to the contractor. 1.1.2 General Conditions "13. LINES AND GRADES", add a second paragraph as follows: Baseline layouts will be furnished by the Owner's Representative are for initial construction layout and final construction verification by the Contractor. If a portion of the work fails and requires additional work by the Contractor, additional surveys will be provided by the Owner's Representative at Contractor's expense. The Contractor shall be billed directly for additional surveys by the surveyor at the rates being paid by the Owner. Failure of the Contractor to pay for additional surveys will result in a reduction of that amount from the final payment. 1.1.3 General Conditions "21. OBSERVATION AND TESTING", add a forth paragraph as follows: The Contractor shall pay all costs for pre -construction testing called for in the Technical Specifications and for all failing tests during construction. The Owner shall pay for all construction testing expect for failed tests. The Contractor shall be billed directly for failed tests by the testing laboratory at the rate per test being paid by the Owner. Failure of Contractor to pay for 'failed tests will result in a reduction of that amount from final payment. r" 1.1.4 General Conditions "26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT", I delete the first paragraph of this section. r 1.1.5 General Conditions "27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC", modify as follows: 7 Delete the fourth sentence of the first paragraph, i.e., "The Contractor, his sureties... including attorney's fees." and replace it with the following: "The Contractor, his sureties and insurance carriers shall 7 defend, indemnify and save harmless the Owner and all of its officers, agents, including Engineer, and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any 2683-94 00805 -'1 injuries or damages received or sustained' by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and project which is the subject matter of this contract, on account of the failure of the. Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, including Engineer, or employees including attorney's fees." 1.1.6 General Conditions "28. CONTRACTOR'S INSURANCE", modify as follows: A. Add the following paragraph after the first •paragraph: . "All insurance, as hereafter specified, shall include a waiver of subrogation against the Owner, the Owner's agents, and the Owner's Engineer." B. In addition to the City, the Engineer is to be named as an additional insured on the Comprehensive General Liability Insurance, the Owner's Protective or Contingent Public Liability and Property Damage Liability Insurance, the Comprehensive Automobile Liability Insurance and the Excess or Umbrella Liability Insurance policies, and a copy of the endorsement doing the foregoing is to be attached to the Certificates of Insurance for such policies. C. The Engineer is to be named as an additional insured on the Builder's Risk Insurance Policy, as its interests may appear. 1.1.7 General Conditions "39. PROTECTION OF ADJOINING PROPERTY", modify as follows: Delete the last sentence of the paragraph, i.e., "The Contractor agrees to... out of the existence or character of -the work." and replace it with the following: "The Contractor agrees to indemnify, save and hold harmless the Owner and the Engineer against any claim or claims for damages due to any adjacent or adjoining property arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of, the existence or, character of the work." 1.1.8 General Conditions "53. SPECIAL CONDITIONS", modify as follows: Delete the paragraph and replace it with the following: "In the event any special or supplementary general conditions that are a part of the contract documents conflict with any of the general conditions contained in this contract, then in such event the special or supplementary general conditions shall control." 1.1.9 General Conditions "56. CONSTRUCTION PROCEDURES AND SAFETY", add the following paragraph: "Owner's Representative and the Engineer shall not specify construction or service -related procedures and shall not manage, control or have charge of construction, nor shall Owner's Representative or Engineer implement or be responsible for health or safety procedures. Owner's Representative and Engineer shall not be responsible for the acts or omissions of Contractor or other parties on the project and shall not be responsible for construction means, methods, techniques, sequences, or 2683-94 00805 2 - .. procedures, nor for precautions or programs. All of these matters shall be responsibility of the' Contractor. Owner's Representative's and Engineer's monitoring or review of portions of the work performed under any construction contracts shall not relieve the Contractor from its responsibility for performing the work in accordance with the applicable contract documents." Contractor shall defend, indemnify and hold harmless Owner, Engineer, their officials, officers, directors, consultants, agents and employees from and against a].1 claims, damages, whether direct, indirect or consequential, losses and expenses (including but not limited to attorney's fees and court costs) connected with any illness, injury or loss to the person or property of Contractor, its subcontractors, suppliers, their employees and agents, or any other person, arising out of or resulting from Contractor's responsibilities under this paragraph; the foregoing shall apply notwithstanding the negligence of any person or entity indemnified hereunder. Not withstanding the above, the Contractor will not be required to indemnify the Owner's Representative or the Engineer to causes arising out of the Engineer's negligent acts, errors, or omissions. 1.2 ADDITIONAL PARAGRAPHS 1.2.1 General Conditions "57. RESIDENT PROJECT REPRESENTATIVE (RPR): General: RPR is Engineer's agent at the site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the on - site work shall in general be with Engineer and Contractor keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. A. Duties and Responsibilities of RPR: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents, and assist Engineer in serving as owner's liaison with Contractor when Contractor's operations affect Owner's on -site operations. b. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. '" 2683-94 00805 - 3 B. Shop Drawings and Samples: 1. Record date of receipt of Shop Drawings and samples. 2. Receive samples which are furnished at the site by Contractor, and notify Engineer of availability of samples for examination. 3. Advise Engineer and Contractor of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by the Engineer. C. Review of Work, Rejection of Defective Work, Inspections and Tests: 1. Conduct on -site observations of the Work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. 2. Report to Engineer whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or. has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of WorkthatRPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 3. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; and observe, record and report to Engineer appropriate details relative to the test procedures and startups. 4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Engineer. D. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Engineer. Transmit to Contractor decisions as issued by Engineer. E. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor decisions as issued by Engineer. F. Records: 1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 2683-94 00805 - 4 2. Keep a diary,or log book, recording Contractor hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, r observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. 3. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. G. Reports: 1. Furnish Engineer periodic reports as required of progress of the Work and, of Contractor's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 2. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the Work. 3. Draft proposed Change Orders and Work Directive Changes, robtaining backup material from Contractor and recommend to Engineer Change Orders, Work Directive Changes, and Field Orders. 4. Report immediately to Engineer and Owner upon the occurrence of any accident. H. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values. Work completed and materials and equipment delivered at the site but not incorporated in the Work. ` I. Certificates, Maintenance and Operation Manuals: During the course s of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Engineer for review and forwarding to Owner prior to final payment for the Work. J. Completion: 1. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. 2. Conduct final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. 3. Observe that all items on final list have been completed or r corrected and make recommendations to Engineer concerning i acceptance. 2683-94 00805 5 K. Limitations of Authority: Resident Project Representative; 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by Engineer. 2. Shall not exceed limitations of EA'gineer's authority as set -' forth in the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, subcontractors or Contractor's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, '- sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. -- 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection _ with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. — 7. Shall not authorize Owner to occupy the Project in whole or in part. — 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Engineer. END OF SECTION 2683-94 00805 - 6 r i SECTION 01010 SUMMARY OF WORK PART 1. GENERAL 1.1 SECTION INCLUDES A. Work covered by Contract Documents B. Contractor use of site.. C. Owner occupancy.' 1.2 RELATED SECTIONS 7 1.3 r A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. C. Appendix - Geotechnical Report. WORK COVERED BY CONTRACT DOCUMENTS A. Identification: City of Lubbock, Texas, Municipal Solid Waste Landfill, "Cell IV (B) 2, 3, and 4 Excavation and Grading." B. Location: Lubbock, Texas, Municipal Solid Waste Landfill, MSW #69 and more precisely on the west side of North Avenue P, one mile north of FM 2641 (Regis Street), in Lubbock County, Texas. C. Verbal Summary: Without force or effect on requirements of the Contract Documents a brief description of the Project is as follows: 1. Earthwork excavation of approximately 980,200 cubic yards to the grades shown on plans. 2. Remove and stockpile in Cell V existing construction debris berm consisting of approximately 48,500 cubic yards of materials. 3. Removing and stockpiling all material from the earthwork excavation on the location shown on the plans and not to exceed a vertical height of above 3,260 feet above mean sea level (MSL) . 4. Removing and disposing of all material from the construction debris berm in the landfills existing Cell V as shown on the plans. 1.4 GEOTECHNICAL REPORT A. Subsurface conditions at the site are to be verified by the Contractor prior to bidding. B. A soil investigation was performed by Terra Engineers, Inc., of Lubbock, Texas. A copy of the report is included in the Appendix. (Report No. STR 1106, dated July 18, 1994). 2683-94 01010 - 1 I ti 1.5 CONTRACTOR USE OF SITE A. Limit use of site to allow one Owner occupancy. B. Construction Operations will be limited to areas adjacent to construction site as designated by the Owner. 1.6 OWNER OCCUPANCY A. The Owner will occupy the site during construction for the conduct of normal operations. B. Cooperate with Owner to minimize conflict,. -and to facilitate Owner's operations. C.' Schedule the Work to accommodate this requirement. 1.7 TRAFFIC CONTROL A. The landfill will be open to the general public for disposal purposes. B. Contractor to provide traffic control/warning signs along routes used by the public. C. Contractor will provide traffic control personnel at various locations throughout site, and particularly on roads used by both the public and contractor's personnel and equipment. See Section 01500 for more details. 1.8 SPECIAL CONSIDERATIONS A. Excavation and Grading 1. The area denoted on the plans as Area 2 must be excavated and graded and turned over to the Owner for use. 2. Areas 3 and 4 may be excavated and graded at the same time following completion of all work in Area 2. B. Sequence of Construction 1. Phase 1 - Construction Debris Berm Removal and Area 2 excavation. 2. Phase 2 - Completion of grading of Area 2 and excavation of Areas 3 and 4. 3. Phase 3 - Completion of grading in Areas 3 and 4. C. Construction Debris Berm Contents 1. The construction debris may contain any or all of the following; concrete rubble (all sizes and weights), steel, soil, caliche, wooden timber, brush, and putrescible waste. 2. All inert material (concrete without exposed steel rebar, caliche, soil, bricks, etc.), will be disposed of in Cell V. 3. All steel, wood, putrescible waste, etc., must be separated and disposed of at the current working face north of the excavation during normal operating hours at the landfill. D. Landfill Operating Hours The landfill is open to solid waste disposal from 7:00 am to 5:00 pm Monday through Saturday. Contractor may perform excavation and grading outside of these hours, but solid waste must be disposed of within these times. 2683-94 01010 - 2 E. Landfill Smoking Ban The rules at the.landfill prohibit smoking on the site. This rule will be strictly enforced. PART 2. PRODUCTS Not Used PART 3. EXECUTION Not Used 2683-94 END OF SECTION 01010 - 3 SECTION 01019 CONTRACT CONSIDERATIONS PART 1 GENERAL ` 1.1 SECTION INCLUDES A. Application for Payment. B. Change procedures. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. 1.3 APPLICATIONS FOR PAYMENT A. Submit four copies of each application to the Engineer. B. Payment Period: As defined in Owner -Contractor agreemei_t. C. Waiver of liens from subcontractor. 1.4 CHANGE ORDER PROCEDURES A. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Times. B. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the General Conditions of the Contract. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 2683-94 01019 - 1 PW SECTION 01039 COORDINATION AND MEETINGS PART 1 GENERAL 1.1 SECTION INCLUDES A. Coordination. B. Field engineering. C. Site mobilization conference. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 Supplementary General Conditions. 1.3 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion and for portions of Work designated for Owner's occupancy. 1.4- FIELD ENGINEERING A. Control datum for survey is that shown on Drawings. B. Provide field engineering services. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. 1.5 SITE MOBILIZATION CONFERENCE .• A. Engineer will schedule a conference at the Project site prior to Contractor occupancy. B. Attendance Required: Engineer and Contractor's Superintendent. r C. Agenda: 1. Use of premises by Owner and Contractor. 2. Owner's requirements. r-• 3. Construction facilities and controls provided by Owner. 4. Temporary utilities provided by Owner. 5. Survey layout. 6. Security and housekeeping procedures. r 7. Schedules and Coordination. 8. Procedures for testing. 9. Procedures for maintaining record documents. 2683-94 01039 - 1 1.6 WEEKLY MEETINGS A. A weekly meeting shall be held at the work area just prior to commencement of the work week. At minimum, the meeting will be — attended by the Contractor and the Engineer. The purpose of the meeting is to: 1. Review the work activity and location for the week. 2. Discuss the Contractor's personnel assignment for the week. 3. Review the previous week's activity. 4. Review the work schedule. 5. Discuss the possible problem areas and,situations. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used — END OF SECTION 2683-94 01039 - 2 SECTION 01050 FIELD ENGINEERING PART 1 GENERAL K 1.1 SECTION INCLUDES A. Survey Requirements - Owner B. Survey Requirements - Contractor C. Owner Option 1.2 RELATED SECTIONS A. General Conditions of the Contract B. Section 00805 - Supplementary General Conditions 1.3 SURVEY REQUIREMENTS - OWNER The Owner will provide sufficient bench mark control on site for use by the Contractor. The Owner will initially stake out the baselines for the Contractor. 1.4 SURVEY REQUIREMENTS - CONTRACTOR r The Contractor will provide all equipment and personnel necessary for layout of the work and maintaining adequate survey control of the work. The Contractor will stake out all cut and fill control stakes as r necessary to perform the work. The Contractor will maintain a qualified surveyor and field party at the job site during construction. r. The Contractor will make any and all surveys computations as are I necessary to determine the quantities of work performed during each progress payment period. All field notes, books, cross sections, and other such records made by the Contractor shall be furnished to the Engineer for use in verifying the extent of completed work. 1.5 OWNER OPTION The Owner may at any time provide a surveyor at Owner's expense for the purpose of verification of Contractor's pay request, or lines and ,,.. gxades of the work. Contractor will cooperate and allow Owner's surveyor access to project. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION t' 2683-94 01050 -1 r I SECTION 01090 REFERENCE STANDARDS T PART 1 GENERAL F, 1.1 SECTION INCLUDES A. Quality assurance. B. Schedule of references. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions.. 1.3 QUALITY ASSURANCE r' A. For products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date for receiving bids. C. Obtain copies of standards when required by Contract Documents. 1.4 SCHEDULE OF REFERENCES ASTH American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 CFR Code of Federal Regulations Superintendent of Documents P.O. Box 371954 Pittsburg, PA 15250-7954 COE Corps of Engineers U.S. Army Engineer Waterways Experiment Station ATTN: Technical Report Distribution Section, Services Branch, TIC 3909 Halls Ferry Road Vicksburg, MS 39180-6199 NSWMA National Solid Wastes Management Association 1730 Rhode Island Ave., N.W. Washington, DC 20036 �• TNRCC Texas Natural Resource Conservation Commission Box 13087 Austin, Texas 78711-3087 N 2683-94 01090 - 1 fI^ l PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used OW SECTION 01300 SUBMITTALS PART 1 GENERAL 1.1 SECTION INCLUDES A. Submittal procedures. B. Resubmittal requirements. C. Construction progress schedules. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. C. Section 01400 - Quality Control. D. Section 01700 - Contract Closeout: Contract warranty, manu- facturer's certificates and closeout submittals. 1.3 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address and phone number. B. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. C. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. D. Schedule submittals to expedite the Project, and deliver to Engineer at his business address. Coordinate submission of related items. E. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performarce of the completed Work. F. Provide space for Contractor and Engineer review stamps. G. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.4 RESUBMITTAL REQUIREMENTS A. Revise initial submittal as required identifying all changes made since previous submittal and resubmit to meet requirements as specified. B. Mark as RESUBMITTAL. 2683-94 01300 - 1 /M 1.5 CONSTRUCTION SUBMITTALS A. Submit in duplicate within 15 days after Notice to Proceed date for Engineer review. B. Submittals Required. 1. Construction Schedule. 2. Traffic Control Plan. 3. Erosion Control Plan. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not used END OF SECTION 2683-94 01300 - 2 i SECTION 01400 QUALITY CONTROL PART 1 GENERAL ` 1.1 SECTION INCLUDES A. Quality assurance and control of installation. 1.2 RELATED SECTIONS A. General Conditions of the Contract. B. Section 00805 - Supplementary General Conditions. C. Section 01090 - Reference Standards. 1.3 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, services, site conditions, and workmanship, to produce Work of specified quality. B. Perform work by persons qualified to produce workmanship of specified quality. PART 2 PRODUCTS ` Not Used PART 3 EXECUTION Not Used. END OF SECTION ffr r� f 4 fi 2683-94 01400 - 1 r� f SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Electricity, water, and sanitary facilities. B. Temporary Controls: Barriers, water control, protection of the Work, security, and traffic regulation. C. Construction Facilities: Progress cleaning and removal of utilities. 1.2 RELATED SECTIONS A. General Conditions of the Contract. B. Section 00805 - Supplementary General Conditions. C. Section 01700 - Contract Closeout: Final cleaning. 1.3 TEMPORARY ELECTRICITY A. Provide temporary electric feeder from the existing electrical service as needed for Contractor's operations. B. Owner will pay cost of energy used. Exercise measures to conserve energy. C. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required by Contractor's operations. Provide flexible power cords as required. D. Provide main service disconnect and overcurrent protection at convenient location in conformance with National Electrical Code. 1.4 TEMPORARY WATER SERVICE A. Connect to existing water source for construction operations. B. Owner will pay cost of water used. Exercise measures to conserve water. 1.5 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. ... B. Permanent building facilities shall not be used during construction operations. Maintain daily in clean and sanitary condition. 1.6 BARRIERS Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. 2683-94 01500 - 1 1.7 WATER CONTROL A. Grade site to drain. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. 1.8 PROTECTION OF INSTALLED WORK Protect installed Work and provide special protection where specified in individual specification Sections. 1.9 SECURITY _ Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. 1.10 TRAFFIC CONTROL A. Provide warning signs, warning lights and flags as necessary to alert public of construction activity. B. Provide flagman along public routes on landfill property at all access road locations. Primarily along access road to Cell V. C. Provide barricades as necessary along access routes. 1.11 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site and dispose as directed by the Engineer at intervals as required to maintain clean site. 1.12 REMOVAL OF UTILITIES — Restore existing facilities used during construction to original .condition. Restore permanent facilities used during construction to specified condition. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 2683-94 01500 - 2 PWR SECTION 01560 ENVIRONMENTAL PROTECTION PART 1 GENERAL 1.1 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. CODE OF FEDERAL REGULATIONS (CFR) 29 CFR 1910-SUBPART G Occupational Health and Environmental Control CORPS OF ENGINEERS (COE) COE EP-1165-2-304 1.2 DEFINITIONS 1976 Flood Plain Regulations for Flood Plain Management A. Sediment Soil and other debris that have eroded and have been transported by runoff water or wind. B. Solid Waste Rubbish, debris, garbage, and other discarded solid materials resulting from industrial, commercial, and agricultural operations and from community activities. C. Rubbish Combustible and noncombustible wastes such as paper, boxes, glass, crockery, metal, lumber, cans, and bones. D. Debris Combustible and noncombustible wastes such as ashes and waste materials resulting from construction or maintenance and repair work, leaves, and tree trimmings. E. Chemical Wastes This includes salts, acids, alkalies, herbicides, pesticides, organic chemicals, and spent products which serve no purpose. F. Sanitary Wastes 1. Sewage Wastes characterized as domestic sanitary sewage. 2. Garbage Refuse and scraps resulting from preparation, cooking, dispensing, and consumption of food. G. Oily Waste Petroleum products and bituminous materials. 1.3 ENVIRONMENTAL PROTECTION REQUIREMENTS Provide and maintain, during the life of the contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during normal construction 2683-94 01560 - 1 i practice. Plan for and provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the project. Comply with Federal, state, and local regulations pertaining to the environment, including but not limitgd to water, air, and noise pollution. A. Environmental Protection Plan Contractor shall submit the proposed environmental protection plan, — including measures for protecting natural resources, required reports, and other measures to be taken. 1. Environmental Planning — Fifteen (15) days after the Notice to Proceed, submit the proposed environmental plan for review and approval. 2. Commencement of the Work As directed by the Engineer, following approval. B. Preconstruction Survey Perform a preconstruction survey of the project site with the Engineer, and take photographs showing existing environmental — conditions in and adjacent to the site. PART 2 PRODUCTS Not used. PART 3 EXECUTION 3.1 PROTECTION OF NATURAL RESOURCES Preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an equivalent or improved condition upon completion of work. Confine construction activities to within the limits of the work indicated or specified. A. Land Resources Except in areas to be cleared, do not remove, cut, deface, injure, or destroy trees or shrubs without the Engineer's permission. Do not fasten or attach ropes; cables, or guys to existing nearby trees for anchorages unless authorized by the Engineer. Where such use of attach ropes, cables, or guys is authorized, the Contractor shall be responsible for any resultant damage. - 1. Protection Protect existing trees which are to remain and which may be injured, bruised, defaced, or otherwise damaged by construction _ operations. Remove displaced rocks from uncleared areas. By approved excavation, remove trees with 30 percent or more of their root systems destroyed. 2683-94 01560 - 2 .w 2. Replacement Remove trees and other landscape features scarred or damaged by equipment operations, and replace with equivalent, undamaged trees and landscape features. Obtain Engineer's approval before replacement.. 3. Temporary Construction Remove traces of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other. signs of construction. Grade temporary roads, parking areas, and similar temporarily used areas to conform with surrounding contours. B. Water Resources 1. Oily Wastes Prevent oily or other hazardous substances from entering the ground, drainage areas, or local bodies of water. Surround all temporary fuel oil or petroleum storage tanks with a temporary earth berm of sufficient size and strength to contain the contents of the tanks in the event of leakage or spillage. C. Fish and Wildlife Resources Do not disturb fish and wildlife. Do not alter water flows or otherwise significantly disturb the native habitat adjacent to the project and critical to the survival of fish and wildlife, except as indicated or specified. 3.2 HISTORICAL AND ARCHAEOLOGICAL RESOURCES A. Carefully protect in -place and report immediately to the Engineer historical and archaeological items or human skeletal remains discovered in the course of work. Stop work in the immediate area of the discovery until directed by the Engineer to resume work. If historical and archaeological resources such as artifacts (stone tools), features (stone walls), deposits (sea shells and charcoal stained soil), human bones and other cultural remains are encountered, stop that portion of work and notify the Engineer immediately. Within thirty-six (36) hours the Owner will determine if a change pursuant to the Contract should be issued or to direct the Contractor to proceed without change. No adjustment in contract price or completion time will be allowed for delays that do not exceed thirty-six (36) hours from the time the Contractor is notified to stop work. The Owner retains ownership and control over historical and archaeological resources. B. There is an existing archaeological site adjacent to the project site on the east side of the excavation. It is mandatory that all construction activities be coordinated to avoid adverse impact on the site. The site is shown on the plans and labelled "Restricted Area". Contractor is responsible for any unauthorized destruction that might result to the restricted area by construction personnel. 3.3 EROSION AND SEDIMENT CONTROL MEASURES A. Burnoff ^. Burnoff of the ground cover is not permitted. �" 2683-94 01560 3 B. Borrow Pit Areas Manage and control borrow pit areas to prevent sediment from entering nearby streams or lakes. Restore areas, including those outside the borrow pit, disturbed by borrow and haul operations. Restoration includes grading, replacement of topsoil, and establishment of a permanent vegetative cover. Uniformly grade side slopes of borrow pit to note more than a slope of 1 part vertical to 2 parts horizontal. Uniformly grade the bottom of the borrow pits to provide a flat bottom and drain by outfall ditches or other suitable means. Stockpile topsoil remove during the borrow pit operation, and use as part of restoring the borrow pit area. C. Protection.of Erodible Soils Immediately finish the earthwork brought to a final grade, as indicated or specified,. Immediately protect the side slopes and back slopes upon completion of rough grading. Plan and conduct earthwork to minimize the duration of exposure of unprotected soils. D. Temporary Protection of Erodible Soils Mechanically retard and control the rate of runoff from the construction site. This includes construction of diversion ditches, benches, and berms to retard and divert runoff to protected drainage courses. 3.4 CONTROL AND DISPOSAL OF SOLID AND SANITARY WASTES Pick up solid wastes, and place in containers which are regularly emptied. Do not prepare, cook, or dispose of food -on the project site. Prevent contamination of the site of other areas when handling and disposing of wastes. On completion, leave the areas clean. Control and dispose of waste. A. Disposal of Rubbish and Debris Dispose of rubbish and debris in accordance with the requirements specified. 1. Removal From Owner Property Removal to an Owner Landfill Haul rubbish and debris to the Owner landfill site indicated or specified. B. Garbage Disposal Place garbage in approved containers, and move to a pickup point or disposal area, where directed. 3.5 DUST CONTROL Contractor will be fully responsible for dust control along all haul roads and in the excavation area. Keep dust down at all times, including during nonworking periods. Sprinkle or treat, with dust suppressants, the soil at the site, haul roads, and other areas disturbed by operations. END OF SECTION 2683-94 01560 -.4 .W r SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Project record documents. D. Warranties. 1.2 RELATED SECTIONS A. General Conditions of the Contract. B. Section 00805 - Supplementary General Conditions. C. Section 01500 - Construction Facilities and Temporary Controls: Progress cleaning. 1.3 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. B. Provide submittals to Engineer that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Remove waste and surplus materials, rubbish, and construction facilities as directed by Engineer. 1.5 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Submit documents to Engineer with claim for final Application for Payment. 2683-94 01700 - 1 7 f 1.6 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Submit prior to final Application for Payment. PART 2 PRODUCTS Not used PART 3 EXECUTION Not used END OF SECTION 2683-94 01700 - 2 SECTION 02221 EXCAVATION PART 1 GENERAL 1.1 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation, title or are used to establish criteria. The latest publication in use at the time of the executed contract shall be the one used on this project. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) P" ASTM D 698 1991 Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lb/ft (600 kN-m/m)) ASTM D 2922 1991 Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth) r ASTM D 4318 1984 Liquid Limit, Plastic Limit, and Plasticity Index of Soils TEXAS NATURAL RESOURCE CONSERVATION COMMISSION TNRCC, 31 TAC Chapter 330 Texas Natural Resource Conservation Commission, Municipal Solid Waste Management Regulation. 1.2 RELATED SECTIONS A. General Conditions of the Agreement. B. Section 00805 - Supplementary General Conditions. C. Appendix - Geotechnical Report. 1.3 DEFINITIONS A. Backfill A specified material used in refilling a cut, trench, over excavation or other excavation, placed at a specified degree of compaction. B. Compaction The process of mechanically stabilizing a material by increasing its density at a controlled moisture condition. "Degree of Compaction" is expressed as a percentage of the maximum density obtained by the test procedure described in ASTM D 698 for general soil typer,.abbreviated in this specification as " 95 percent ASTM .D 698 maximum density". C. Embankment A "fill" having a top that is higher than adjoining ground. r., j 2683-94 02221 - 1 0 D. Excavation The removal of soil, rock, or hard material to obtain a specified depth or elevation. E. Fill Specified material placed at a specified degree of compaction to obtain an indicated grade or elevation. F. Hard Material Weathered rock, dense consolidated deposits or conglomerate materials, (excluding manmade materials such as concrete) which are not included in the definition of "rock" but which usually require the use of heavy excavation equipment with ripper teeth or the use of jack hammers for removal. G., In Situ Soil Existing in place soil. H. Lift A layer (or course) of soil placed on top ofa previously prepared or placed soil. I. Rock Solid, homogeneous, interlocking crystalline material with firmly ,cemented, laminated, or foliated masses or conglomerate deposits, neither of which can be removed without systematic drilling and blasting, drilling and the use of expansion jacks or feather wedges, or the use of backhoe-mounted pneumatic hole punchers or rock breakers; also large boulders, buried masonry, or concrete other than pavement, exceeding 1 cubic yard in volume. Removal of "hard material" will not be considered rock excavation because of intermittent drilling and blasting that is performed merely to increase production. J. Soil The surface material of the earth's crust resulting from the chemical and mechanical weathering of rock and organic material. K. Subgrade The material in excavation (cuts) and fills (embankments) immediately below any subbase, base, liner, or other improvement. Also, as a secondary definition, the level below which work above is referenced. L. Topsoil In natural or undisturbed soil formations, the fine-grained, weathered material on the surface or directly below any loose or partially decomposed organic matter. Topsoil may be a dark -colored, fine, silty, or sandy material with a high content of well decomposed organic matter, often containing traces of the parent rock material. Gradation and material requirements specified herein apply to all topsoil references in this contract. The material shall be representative of productive soils in the vicinity. M. Unsatisfactory Material Existing, in situ soil or other material which can be identified as having insufficient strength characteristics or stability to carry intended loads in fill or embankment without excessive consolidation or loss of stability. Unsatisfactory materials also include man-made fills, refuse, frozen material, uncompacted backfills from previous construction, unsound rock or soil lenses, or other deleterious or objectionable material. 2683-94 02221 - 2 dom N. Working Platform �+ A layer of compacted crushed rock or natural stone that replaces R the in situ soil to provide a stable, uniform bearing foundation for construction equipment to facilitate further site construction. 1.4 DELIVERY AND STORAGE Deliver and store materials as needed in a manner to prevent contamination or segregation. 1.5 CRITERIA FOR BIDDING Base bids on the following criteria: a. Surface elevations as indicated. b. The character of the material to be excavated or used for subgrade is as indicated. Hard material shall not be considered as rock and r removal of .such material shall not give cause for a claim for additional compensation regardless of hardness or difficulty in removing. Rock as defined in the paragraph entitled, "Definitions," will not be encountered. c. Suitable backfill and fill material in the quantities required is available at the project site. d. Blasting will not be permitted. Remove material by drilling and use of expansion jacks or feather wedges, or the use of backhoe-mounted pneumatic hole punchers or rock breakers, or as approved by the Engineer. PART 2 PRODUCTS Not used PART 3 EXECUTION 3.1 PROTECTION A. Prntection and Restoration of Surfaces Protect newly graded areas from traffic, erosion, and settlements. Repair and reestablish damaged or eroded slopes, elevations or grades and restore surface construction -prior to acceptance. Protect existing streams, ditches and storm drain inlets from �•. cater -borne soil by means of straw bale dikes or filter fabric dams as needed. Conduct work in accordance with requirements specified in Section 01560, "Environmental Protection." B. Disposal of Excavated Material Dispose of excavated material in accordance with Section 01010 "SUMMARY OF WORK" and in such a manner that it will not obstruct the flow of runoff, streams, endanger a partly finished structure, r' impair the efficiency or appearance of facilities, or be detrimental to the completed work. 2683-94 02221 - 3 I . 3.2 SURFACE PREPARATION A. Clearing and Grubbing Unless indicated otherwise brush within the limits of and shrubs which are to be remove trees, logs, stumps, shrubs, and construction. Protect from damage trees saved or whiA are outside the limits of construction. Protect trees which are to be saved during construction by wooden enclosures or wire fences located at or outside of the tree drip lines. Do not permit traffic, parking of equipment, and storage of material within the tree drip lines. Except where area is indicated "Clearing Only", grub out matted roots and roots over 2 inches in diameter to at least 18 inches below the existing surface. Brush, refuse, stumps, roots, and unmerchantable timber shall become the property of the Contractor and be removed as directed by the Engineer. Conduct work in accordance with requirements specified in Section 01560, "Environmental Protection." B. Stockpiling Topsoil Strip approved topsoil from the site where excavation or grading is indicated and stockpile separately from other excavated material in accordance with Section 01010 "SUMMARY OF WORK Locate ,topsoil as shown on plans so that the material can be used readily for the finished grading. Protect and store in segregated piles until needed. C. Unsatisfactory Material Remove organic matter, sod, muck, rubbish, and unsuitable soils under the limits of construction. Typical depth of removal of such unsuitable material shall be not less than 12 inches. 3.3 EXCAVATION 3.4 Excavate to contours and dimensions indicated. Keep excavations free from water while construction is in progress. Notify the Engineer immediately in writing in the event that it becomes necessary to remove rock, hard material, or other material defined as unsatisfactory to a depth greater than indicated. Refill excavations cut below the depths indicated with approved excavation material and compact. FINISH OPERATIONS A. Site Grading Grade to finished grades indicated within O.10 foot. These grades will be the subgrade of a prefabricated clay liner. No rock will protrude above the finished grade elevation. Rock that protrudes will be removed below grade and the void backfilled and compacted to ASTD D698 (95%). Grade areas to drain where possible. Existing grades which are to remain but are disturbed by the Contractor's operations shall be restored to preconstruction condition. B. Disposition of Surplus Material Surplus or other soil material not required or suitable for filling, backfilling, or embankment shall become the Contractor's responsibility and stockpiled as directed by Engineer and by Section 01010 of these specifications. Comply with the requirements of Section 01560, "Environmental Protection." 2683-94 02221 - 4 r— C. Protection of Surfaces Protect newly graded areas from traffic, erosion, and settlements that may occur and as required in the Section 01560, "Environmental Protection" and as specified in paragraph 3.1.B of this Section entitled "Protection and Restoration pf Surfaces." Repair or reestablish damaged grades, elevations, or slopes before work will be accepted. 3.5 COMPENSATION A. Method of Measurement Regardless of quantities excavated, measurement for payment will be made to the specified neat lines and grades shown on the drawings except that excavation outside the specified lines and grades directed by the Owner's Representative will be included. Surface area will be measured and computed to the nearest cubic yard. B. Basis of Payment Payment will be at the contract unit price bid per cubic yard of subgrade surface area as stipulated in the schedule of Bid Prices, which payment shall be full compensation for all work and materials described by this section. r Cubic yardage for final payment will be determined by actual ground surface survey of excavation by the Owner. Progress payments up to the final will be estimated by the Engineer. END OF SECTION 2683-94 02221 - 5 7 Lubbock Landfill Cell IV (b) Lubbock, Texas I July 18, 1994 I TERRA ENGINEERS, INC. :5208'34 th'STREETm: LUBBOCK • PHONE (806) 793 4767 v FAX (806) 793 4768 MAILING ADDRESS: P.O. BOX 16605 • LUBBOCK e TEXAS 79490-6605 I SOIL INVESTIGATION Lubbock Landfill Cell IV (b) Lubbock, Texas INTRODUCTION This report contains the results of the soil investigation recently done for the proposed Lubbock Landfill Cell IV (b) Lubbock, Texas. This investigation was conducted according to the instructions from Mr. Robert H. (Holly) Holder, P. E., Parkhill, Smith and Cooper, Lubbock, Texas. This investigation consisted of subsurface exploration, field testing and recommendations regarding the in -situ soil conditions. EXPLORATION, SAMPLING AND FIELD TESTING Twelve test holes were drilled to a depth ranging from 15 to 55 feet, at the location shown in the boring location plan, (Figure 1). The drilling was performed using CME-75 Drilling Rig with hollow stem augers. Standard penetration tests were made at depths of 2.5, 5.0 feet and at 5.0 feet interval thereafter. The number of blows per foot of the split spoon sampler (in 6 inch increment) are shown in the boring logs and in Figure 2. The sampling was performed in accordance with the ASTM D 1586; however we limit the number of blows on the split spoon sampler to a maximum of 25 for the first A.It I1I*#I1MIU03 6 inches of penetration and if the penetration of the sampler for the first or the second 6 inches increment is less than 6 inches, we report the actual penetration obtained for the respective increment in the boring logs. The changes in soil strata as observed during drilling operations were carefully determined and are shown in the boring logs. DESCRIPTION OF THE SOIL Since this subsurface investigation is only to determine the relative strength of the soil strata, the soil samples were not collected nor classified according to the unified soil classification system. On the contrary, the soil has been visually classified on the spot by the driller. The top soil is a typical brown silty sand that exists for a depth of one or two feet. Below the top soil, there is sandy soil which is mixed with white caliche soil and sometimes caliche rock fragments. The soil varies slightly in color. The N-values of the soil are reported in the boring logs from which one can judge the relative strength of the soil layers. If the number of blows per foot of penetration are less than 10, the soil is considered relatively soft and can be easily excavated. As the number of blows per foot increases, the difficulty in excavating the soil increases. If the number of blows per foot is greater than 50, the strata is considerably strong and can be considered as cemented caliche rock. However, the cemented caliche layers cannot completely be classified as hard rock; though, in some instances they can be classified as strata. containing layers of soft rock. It is recommended that the persons involved with the excavation of the landfill shall be advised with regard to this condition and perhaps consult with a local geotechnical engineer to interpret the strength of the soil layers with respect to the number of blows per foot. TERRA ENGINEERS; INC. The data presented here is based only on the in -situ soil testing conducted at the 12 locations staked out by the client. Respectfully submitted, Terra. Engineers Inc. C. V. G. Vallabhan,, Ph.D., P. E. Geotechnical Engineer RA ENGINEERS, INC. �j±.?'�Fe: "! �i 1.:� _� �• � � ri s.:..,�it7 . � j' - , � !'aj (t ••� \\i 4t4r 1 �. yilr f �r �iJ 'r' J 1 •! .. _ `'•�'� ta:\�:'. !1 -J : r w-r «-n ir•a wnl a-w wr ' wn e: - ` ../ .' .�� � '`(III 1 T1 � _ "'-- -' .: - :z•.. .i` Irrtl�'�1�1�11 ..,� �� • 1 I j iIl s.H'J r.. , • ///J s.n \ \1 \\ �♦ ♦ .: r rs�� �• awR.errrux .. '�,;;-`♦+' \; \t-H.J +.w. w.♦� 0 1I�'rr,\,,\\I�i .�1\,'� w s.na Jw« J. u r \\\'\ _ •v.. •o.r .w. -- r• � •, I it jai �II .Irl . II Ili' � ; i n w.n o•w. w... � • � \• \ -• - • •►-a-��"•T___� o",l:f,r !ei i 1. 'll !' �•: �,. fj wr Y,Y mJ.. rr. l 1 tJ s.J .w.r Fur nww ••-�-�_�����:.�% o•H w»« r.Jr i .ww �� 7i >... .,. w , ::. , ---_--- ice___--- �%r • Figure 1. Boring Location PLan MBORING LOG 1 L•�1 as varu s Project Location Date of Drilling Lubbock Landfill Cell IV (b) Lubbock 07-I1.94 Surface Elevation Depth Diameter Boring Method STR No. Unknown 309 7 7/8 HSA 1106 Client Depth of GWT Parkhill Smith & Cooper ' Depth USC Moisture Liquid Plastic Pl"icitp Passing SPT Remarks Ft Description Content Limit Limit Index Nu. 21Nt Nt� of nt.nrc Penc- 'k % % ew Sieve fur each 6" trution 1-f 2nd 3rd TS Caliche Base Fill Material -2.5- Light Red Sand. w/cemented caliche *25 4" rock -5- Light Red Sand w/cemented caliche rock 11 18 17 -10- Reddish Silty Sand 7 16 17 -IS- Red Silty Sand w/cemented caliche 25 *25 5 1/4" rock -20- Light Brown Silty Sand. w/cemented *25 4" Caliche rock -25- Light Brown Silty Sand w/cemented caliche rock 20 *25 3" -30- Dark Red Sandy Clay w/cemented 19 19 *25 3 1/2" caliche rock at the bottom .35. 40- -45- TERRA ENGINEERS INC. .1, BORING I,Ut: J L' JJ nVLL' ����• � Location Date of Drilling; Project Lubbock Landfill Cell IV (b) Lubbock 06-28-94 Surface Elevation Depth Diameter Boring Method STR No. Unknown 15, 7 7/S HSA 1106 Client Depth of GWT I Parkhill Smith & Cooper - Depth USC hloicture Liquid Plastie Plamicily Prassing Sr'r Remarks Ft. Description Content Limit Limit Index Kc.. 24Nt %.. of liluws itcne- % % % Sieve rur each 6" trution I Isi 2nd 3rd TS Brown Sand I -2.5- Dark Brown Clay Sand J 2 . b 9 -3_ tg t beige Sandy wiceniented ca tc a rock Jayer -5- 2.5 5 114" -6- . it Hard Rock or IT -7--,- Dam Brown CTay w grave roc -10- 7 11 12 I -12 -pinkish Silty an I -15- Reddish ilty Sand 6 9 i{ -20- I -25- -30- -35- -40- -45- TER1tA L:NGINEERS INC, mrcm err c wtn i � ltO121NC: 1.OG t-• f Project Location Date of Drilling Lubbock Landfill Cell TV (b) Lubbock 07.07-94 Surface Elevation Depth Diameter Boring Method STR No. Unknown 20' 7 7/8 HSA 1106 Client Depth of GENT Parkhill Smith & Cooper Depth USC Moisture Liquid Plastic Plnsticily Passing SPT Remarks Ft. Description Content Limit Limit Index Nu.200 N,,.ornl„v.r, Pene- 'k % % Sieve for each 6" trution 1s1 2nd ird TS Brown Sandy Soil -2.5- Light Red Silty Sand 5 lU 9 -5- Light Reddish Silty Sand 15 15 13 -10- Light Red Silty Sand 13 21 23 -15- Light Red Silty Sand w/cemented 15 25 25 caliche rock at the bottom -24- Light Red Silty Sandy Clay 16 22 *25 5 3/4" w/cemented caliche rock at the bottom -25- .3p. .35- -40- -4S- TERRA LNUINEEKS ILN :. u1-11e V kill d BORING I,()G •lia• ■. —aI a Project Location Date of Drilling Lubbock Landfill Cell TV (b) Lubbock 06-30-94 Surface Elevation Depth Diameter Boring Method STR No. Unknown 45' 7 7/8 HSA 1106 Client Depth of GWT Parkhill Smith & Cooper - Depth USC Moisture Liquid Plastic Plasticity Pwssiniz SPT Remarks Ft. Description Content Limit Limit Index No.2(NI Nu. ur ni-ms s , lsnc- Rr 4r 7r sieve for ewch 6" trstlUn I.t 2nd :rd Is Light Brown Sandy Soil -2.S- Reddish Sandy Clay 5 5 5 -S- Reddish Sandy Clay h 9 11 -6 ight, Yellowish Sandy caliche, -9- Hit Hard Surface 1/2' I -10- White Sandy Caliche 4 13 17 l I 45- Light Pinkish Silty Sand 7 4 6 -20- Light Pinkish Silty Sand w/cemented *25 3.51' caliche rock -25- Pinkish Silty Sandy w/cemented *25 5" caliche rock -30- Pinkish Silty Sand 14 15 17 -3s- Reddish Silty Sand 12 12 24 40- Reddish Silty Sand 11 I8 21 45- Reddish Silty Sand w/cemented caliche 12 *25 4.5" rock TERRA ENGINEERS INC. �rrcm vf'hr r. wtn c BORING LUG Project _ Location Date of Drilling Lubbock Landfill Cell IV (b) Lubbock U6-30-9�i Surface Elevation Depth' Diameter Boring Method STR No. Unknown 15' 7 7/8 HSA 1106 Client Depth of GNN'T Parkhill Smith & Cooper - Depth USC Moisture Liquid Plastic Plasticity Passing SPT Remarks Ft. Description Content Limit Limit Index No. 200 Ko. of Rtows PCne- % % % Sieve for each 6" traiiun 1st 2nd Ard Ts Brown Silty Sand -2.5- Grayish Brown Silty Sand 5. 5 6 , -5- Dark Brown Silty Sandy Clay 4 5 7 -10- Greenish Gray Silty Sand 4 9 11 -is- Red Silty Sand 10 7 9 -20- -25- -30- -35- -40- -45- TERRA ENGINEERS INC. 11ORING LOG a aiJa u..u•� • — Project Location Date of Drilling Lubbock Landfill Cell TV (h) Lubbock 07-11-94 Surface Elevation Depth Diameter Boring Method STR No. Unknown 35' 7 7/8 HSA 1106 Client Depth or GWT I Parkhill Smith & Cooper ' Depth USC Moisture Liquid Plastic Plasticity Pawnr sPT Remarks Ft, Description Content Limit Limit Index Nlu. 2tro Nu. ur iti-iwc ItCOe- 7r % % ` Sieve rnr each G" tration lq 2nd 7rd TS Brown Fill Material I -2•5- Tan Sandy cemented caliche rock 5 11 *25 5" -3-Light Pinkish Sandy . cemented caliche rock .5- 19 *2.5 5" I I -10- Yellowish Brown cemented caliche 15 *25 _ 5 1/2" rock I -15- Light Pinkish Sandy cemented 1 *25 5" I caliche rock I -20- Light Reddish Sandy caliche soil G 9 10 -25- Light Reddish cemented caliche 9 8 11 rock -30- Light Reddish celdeated caliche 24 *25 4 1/2" rock -35- Dark Red Sandy Clay w/cemented 15 *25 4 1/2" caliche rock layers -40- -45- TERRA ENGINEERS INC. cinT r. win -7 HORING 111G i r r Pas Project Location Date of Drilling 107-06-94 Lubbock Landfill Cell IV (b) Lubbock Surface Elevation Depth Diameter Boring Method STR No. Unknown 1 40' 7 7/8 HSA 11416 Client Depth of GWT Parkhill Smith & Cooper - Depth USC Moisture Liquid Plastic Plasticity Passing SPT Remark.Depth Ft. Description content Limit Limit Index No. 2011 N.of lilosrs Pent % So Sa Sieve for each 6" tratiun Ia 2nd 3r<I TS Brown Silty Sand -2.5- Cemented caliche rock 13 *25 4" White Silty Sandy ea tche wleemented caliche rock -5- 17 *25 5" -10Pinkish lied Silty Sand 9 12 15 -is- pinkish Red Silty Sand 19 20 22 -20Light Heige Silty Sand w cemente 1 22 25 caliche rock -25- Light Beige Silty Sand 19 19 22 -301 Reddish I ty Sandy Clay -35- Reddish Silty Sandy Clay 13 17 24 40- Reddish Silty Sandy Clay 19 19 22 -45- r TERRA ENGINEEIi'.S INC. f TEST HOLE No 8 BORING LOG Project Location Date of Drilling; Lubbock Landfill Cell IV (b) Lubbock 07-06-94 . Surface Elevation Depth Diameter Boring Method STR No. Unknown 50' 7 7/8 HSA 1106 Client Depth of GWT Parkhill Smith & Cooper Depth USC Moisture Liquid Plastic Ptasticiq• Pricing SPT Remark - Ft. Description Content Limit Limil Index No.2Uu No. orluows Pene- % % Sieve for eaeh 6^ tradtion id Aid 3rd TS Brown Sandy Soil I -2 5- Silty Sandy caliche 14 10 13 -3 a ish Silly Sand I -5- Reddish Silty Sand 1 l ] 0 11 -7Pinkish Sandy caliche I -10- Pinkish Silty Sandy w/cemented "25 4.5" caliche rock I I -15- Light Pink Sandy w/cemented caliche *25 4.5" rock I -20- Light Pink Sandy w/cemented caliche 20 16 *25 4" I rock -u- Light Pink Sandy w/cemented caliche 25 *25 5 rock -30- Light Pink Sandy caliche 9 12 9 -35- Light Pink Sandy caliche 9 11 14 40- Reddish Silty Sand w/cemented caliche rock 12 1 K 25 45- Reddish Silty Sand w/cemented caliche rock 22 *25 5 1/2" �r,-car vnt r. win R Cnnt i nnP6 RIMINI(,. i.()(: Project Location Date of Drilling Lubbock Landfill Cell IV (b) Lubbock 07-06-94 Surface Elevation Depth Diameter Boring Method !. STR No. Unknown 50, 7 7/8 HSA 1106 Client Depth of GWT Parkhill Smith & Cooper - Depth USC Moisture Liquid Plastic Plasticity Passing SPT Remarks Ft. Description Content Limit Limit Index No. 21141 \u. of Itlnws Pene- % % % sieve for each 6" trYtloh I<I 2nd rd -50- Reddish Silty Sand w/cemented 22 *25 5 1/2" caliche rock TERRA ENGINETyRS INC. -rr:c-r urn-r NO_ .to ROR1NG LOG, Project Location Date of Drilling Lubbock Landfill Cell 1V (b) Lubbock 07-08-94 Surface Elevation Depth Diameter Boring Method STK No. Unknown 35' 7 7/8 HSA 1106 Client Depth of GI'VT Parkhill Smith & Cooper - Depth USC Moisture Liquid Pi"ic Plasticity Parsing SPT Remarks Ft. Description Content Limit Limit Index No.21N1 No. or Itwws 1'cnc- % Sir % Sieve for each 6" t[at1011 Id 2nd Ord TS Fill Material I -2.5- Dark Brown Sandy Clay 8 121 10 -5- Dark Brown Sandy Clay 5 14 9 I -10- Dark Brown Sandy Clay w/cemented caliche rock 3 1 10 25 I -11 Yellowish Sandy Soil w/cemented caliche rock at the bottom I -15- Yellowish Sandy Soil w/cemented caliche rock at the bottom 15 *25 5" -20- White Sandy w/cemented caliche 25 *25 3" rock -25- Pinkish Sandy caliche 11 17 13 -30- Light Pinkish Silty Sandy Clay 9 12 18 -35- Light Pinkish Silty Sandy Clay 11 15 19 -40- -45- TERRA ENGINEERS INC. -r•c•c•m rr�r r wt1 A HORING I.f)G r Project v Location Date of Drilling Lubbock Landfill Cell iV (b) Lubbock 07.07.94 Surface Elevation Depth Diameter Boring Method S'TR No. Unknown 55' 7 7/8 HSA 1106 Client Depth or GWT Parkhill Smith & Cooper - Depth USC Moisture Liquid Plastic Pinstieity Passing SPT Remarks l t Description Content Limit Limit Index No.2tat \4.f lilowc ll'Re- . qb % % Sieve fur each 6" tr71t1UR lu 2nd led TS Fill Material caliche base -2s Pinkish Silty Sandy caliche 1.6 *25 4 1/2" w/cemented caliche rock 17 20 25 -8White Silty Sandy caliche w/cemented caliche rock -10- 22 *25 51/2" -1s- White Silty Sandy caliche *25 5" w/cemented caliche rock -20- White Silty Sandy caliche 11 15 15 -25Eight Pinkish Sandy caliche 4" w/cemented caliche rock -30- Light Pinkish Sandy caliche 5 7 9 -35- Light Pinkish Sandy caliche 10 19 16 40 Pinkish Red Sandy Clay w/traces of caliche IU 16 24 45- Pinkish Red Sandy Clay w/traces of caliche and cemented caliche rock 15 25 •2.5 4" TERRA ENGINEERS INC. L7nT r. IVn 10 Continued BORING LUG 11iJa as va•u. -- ------ Project Location Date of Drilling; 107-07-94 Lubbock Landfill Cell IV (b) Lubbock Surface Elevation Depth Diameter Boring Method STR No. Unknown 55' 7 7/8 HSA 1106 Client Depth of GWT I Parkhill Smith & Cooper - Depth USC Moisture Liquid Plastic Plasticity Passing SPT Remarks Ft. Description Content Limit Limit Index Nu.011 No. of mows 1'Cne- % % % Sieve fur each 6" tratiun I lst 2nd Jrd -50. Pinkish Red Sandy Clay w/traces of S 8 14 caliche and cemented caliche rock -55 Light Red Silty Sand w/cemented 25 *25 5 3/4" caliche rock I I I TERRA ENGINEERS INC. i i i2(1RiNG 1.[1G 7 Project Location Date of Drilling Lubbock Landfill Cell IV (b) Lubbock 07.08-94 Surface Elevation Depth Diameter Boring Method STR No. Unknown 55' 7 7/8 HSA I106 Client Depth of GWT Parkhill Smith & Cooper j)epth USC Moisture Liquid Ptazlic Platliciq Paminc SPT Remarkc rt, Description Content Limit Limit Index No.2tht Nmor Ill— Pene- % % Sievr for ench 6- tratlUR let 2nd 3rd TS Brown Sandy Soil -2-5- Brown Silty Sand 3 5 6 -5- Light Beige Silty Sandy caliche 9 6 14 -g Pinkish Silty Sandy caliche -lo-White Sandy caliche rock *2-5 ]" -I1.5- Hard caliche rock -15- Yellowish Silty Sand and cemented 8 20 25 4 1/2" caliche rock at the bottom -20- Yellowish Silty Sandy caliche soil 8 6 5 -25- Yellowish Silty Sandy and cemented 17 *25 4 1/2" caliche rock at the bottom -3o- Yellowish Silty Sandy and cemented 14 16 16 caliche rock at the bottom -35- Light Pinkish Red Silty Sand 10 9 9 40- Light Pinkish Red Silty Sand 4 9 12 45- Light Pinkish Red Silty Sand 8 13 12 r 11:KKA LNUL1v1 UtN LNt:. BORING l.OG 1 L'Jl 11VLL 1, ��• ii Project Location Date of Drilling Lubbock Landfill Cell IV (h) Lubbock 07-09-94 Surface Elevation Depth Diameter Boring Method STR No. Unknown 1551 7 7/8 HSA 1106 Client Depth of GWT I Parkhill Smith & Cooper ' 1)eptlt USC Moisture Liquid Plastic Plasticity Passing SP'r Remarks Ft. Description Content Limit Limit Index Sm 2W Ko. of ttlows 11cne- R. % % Sieve for each V tratioll I Irt 2nd Ard -so- Light Pinkish Red Silty Sand 9 11 13 -55- Light Pinkish Red Silty Sand 7 15 *25 5" w/cemented caliche rock at the bottom I I I I TERRA ENGINEERS INC, A• IMPING i (U: 1 LJa ll �luu .v. iL Project Location Date of Drilling Lubbock Landfill Cell IV (b) Lubbock 07-07-94 Surface Elevation Depth Diameter Boring Method STR No. Unknown l5' 7 7/8 HSA 11416 Client Depth of GWT Parkhill Smith & Cooper ' Depth USC bloisture Liquid Plastic I'lasticily Passing RI•'r Remarks Ft. Description Content Limit Limit Index No.2111t No. or Blows I'ene- % % % Sieve for each G" tration Id 2nd 3rd TS Brown Sandy Soil -2.5-—Light beige Sandy caliche w/cemented caliche rock ty 25 22 -3- White NuI1 y caliche eige an y caliche w cemente *25 4" calicbe rock -S Goldish Brown Silty Sand -10 -Yellow Brown Silty Sand b -15- Yellow Brown Silty Sand *25 1'• w/cemented caliche rock -20- .30- -35. -40- -45- TERRA ENGINEERS INC. SPECIAL CONDITIONS 7 r NOTICE OF ACCEPTANCE TO: 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. The five percent (S%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative r