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HomeMy WebLinkAboutResolution - 225 - Contract - Panhandle Co - Water Supply & Distribution Mains, 82Nd Street - 07_26_1979�4*Q 7 ,7vil JWF:hw RESO #225 - 7/26/79 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 for Bid No. 5413 for the 82nd Street Water Supply and Distribution Mains, attached herewith 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 26th day of July 1979. IRK WEST, MAYOR ATTEST: ;Evelyn Gaff a, _ity Se ear reasurer %'APPROVED AS TO.CONTENT: Wilford D Watson, City Engineer APPROVED AS TO FORM: J. th Fullingim, Asst. C Attorney Fj r THE STATE OF TEXAS" COUNTY OF LUBBOCK No tc6a0ato12E'RS separate wiped bids nor the t structlon of the 112nd Street W Before me a ryotary Public �' and or Lubbock County, Texas Supply and Distribution Main City of Lubbock, will be personally a eared J • C • C man r 8u5111e 6B . FrlanBrE P y PP @ r of the Southweste cal'he calved at office of P. Neal es pers Corporation, publishers of the Lubbock Avalanche -Journal — i Purchasing Agent, City of l t, City Morning, Evening and Sub hack Texas until z: P.M. July beingb me dui sworn did depose and say that said news er s Y Y P Y P a,e ��ga 1979, and 1hM, at said oHke, p i be ublishe ntinu a iclyopened and read aloud. . H T P — o$ wei'c�L` The principle Items of work un o 1Ce than fifty-two weeks prior to the first ins do o# this this proposal will be furnishing OL19 60 ��P4�'94 !� "'9�pe Per word - s No. at Lubbock County Texas and the atta, machinery,installin equipment, + tendence, and labor for const, Notice t L CO till of approximately 7,900 fee ed copy of the is a true cop o the nal and was printed in ttl` u Inch main, from University s 'July Avalanche -Journal on the/I followingates: i f = Flue to Memphis Avenue, and feet -a L atelyfrom PrOxI�t:itY Of l)..UbbcCk Psfls Os H- main, Me main, from Memphis Avenue n vaker Avenue. The City CoVnci,{ win cpnsiderC pyi4jjsgg ,o��h Jrr 1 t dd ' bn�r�bF�ysnd' ' mantles. No bidder may withdr his bid within 30 days after the tual date of the opening thereof. Bidders are required sI 8 s ess6 Manager t cashier'scheck in theramouified nt of S or of the LUBBOCK A NCHE-JOURNAL tal amount of bid, and the succe ful bidder shall provide bond in I Southwestern Newspapers Cor oration P full amount of file Contract pr', a executed by a surety company < thorized to do business in the st4 . A a, LO t h J u 11 y Subscribed and sworn to before me this day of of Texas. Intention of bidders-f3.patticutai A called to the requirements as i9 '. conditions of employment to be e 19 served , and minimum wage rates be p4Id tin4pr ilbis tgptraCt. _ PIen3, specification, and Ott, Contract dotu+ice may tie exai at the okice the CNy Ent neer veer, lubboCk, Texas: a IVlf1�1�.1 I� ��L.f1Li alrofecittbbOfdt3b 4 QtfiFt� Df4Itlkepe MY COMMISSION EXPIRES FEB. 1, 1980 Notary Public in and for Lubbock Countyw Texas 6 fA 6M+rac,+ prig • n t liI9 " 2zS SPECIFICATIONS AND CONTRACT DOCUMENTS WATER DISTRIBUTION MAINS 82ND STREET WATER SUPPLY AND DISTRIBUTION MAIN , UNIVERSITY AVENUE , TO QUAKER AVENUE City of Lubbock, Texas MAYOR: Dirk West COUNCILMEN: Alan Henry Carolyn Jordan M.J. Aderton Bill McAlister CITY MANAGER: Larry Cunningham DIRECTOR OF PUBLIC UTILITIES Samuel W. Wahl CITY WATER ENGINEER Wilford D. Watson WATER SUPERINTENDENT: Wheeler Mount July, 1979 TABLE OF CONTENTS NOTICE TO BIDDERS PROPOSAL CONTRACT PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE SPECIFICATIONS SECTION I INFORMATION FOR BIDDERS Paragraph 1. Work to be done 2. Materials to be furnished by City 3. Work to be done by the City 4. Prosecution of work 5. Proposal, Bond, and Contract Forms 6. Inspection of location 7. Insurance 8. Labor and working hours 9. Provisions concerning escalator clauses 10. Payment of employees and filing of payrolls 11. Barricades and safety provisions 12. Financial statement, experience record and equipment schedule 13. Right -of -Way 14. Use of explosives 15. Tax exemption certificate 16. Contractor's representative 17. Underground utilities 18. Fences and other improvements 19. Maintenance Guarantee 20. Repairing leaks 21. Time of completion 22. Labor and Working Hours 23. Payment of Employees and Filing Payrolls Page I-4 I-5 I-5 I-5 I-6 I-6 I-6 I-7 I-7 I-7 I-7 I-7 SECTION II e GENERAL CONDITIONS OF THE AGREEMENT Paragraph 1. Owner 2. Contractor 3. Engineer 4. Interpretation of phases 5. Exhibits 6. Keeping of plans and specifications accessible 7. Right of entry 8. Quantities and measurements 9. Lines and grades 10. Superintendence and inspection 11. Discrepancies and omissions 12. Collateral contracts 13. Damages 14. Losses from natural causes 15. Estimated quantities 16. Changes and alterations 17. Extra work a 18. Preliminary approval 19. Defects and their remedies 20. Hindrances and delays 21. Price for work 22. Protection of adjoining property 23. Protection against claims of sub -contractor, laborers, materialmen, and furnishers of machinery, equipment and supplies 24. Protection against royalties or patented invention 25. Delayed payments 26. Engineer's authority and duty 27. Contractor's duty 28. Contractor's agent 29. Character of workmen 30.- Construction plant 31. Right of Engineer to modify methods and equipment 32. Sanitation 33. Contractor's building 34. Protection against accident to employees and the public 35. Laws and ordinances 36. Assignment and subletting 37. Abandonment by contractor 38. Abandonment by owner 39. War termination 40. Bond 41. Time of filing claims ='* 42. Guarantees Page SECTION II (continued) Paragraph 43. Adequacy of Design 44. Arbitration 45. Time and Order of Completion 46. Extension of Time 47. Liquidated Damages for Delay 48. Reciprocal Regard for Delayed or Early Completion 49. Final Completion and Acceptance 50. Final Payment 51. Partial Payments 52. Tax Exemption Certificate MATERIALS OF CONSTRUCTION Paragraph 1. General 2. Pipe 3. Valves 4. Valve Boxes, Frames and Covers 5. Gravel for Embedment 6. Concrete 7. Reinforcing Steel 8. Forms 9. Pressure Indicator 10. Electric Motor Operator 11. Tone Frequency Equipment DETAILS OF CONSTRUCTION Paragraph 1. General 2. Excavation and Trenching. 3. Pipe Installation 4. Backf filling 5. Underground and Overhead Utilities and Strdcture 6. Removing Pavement 7. Concrete for Cradling and Blocking 8. Hydrostatic Tests 9. Sterilization of Pipe Lines 10. Tie-ins to Existing Lines 11. Cleaning -up Page Page Page IV-1 IV-1 IV-2 IV-7 IV-8 IV-9 IV-10 IV-10 IV-11 IV-12 IV-12 SECTION V MEASUREMENT AND PAYMENT Paragraph Page 1. General V-1 2. Pipe lines V-1 3. Valves and boxes V-1 4. Fittings V-2 5. Class "B" concrete V-2 6. Electric motor operator V-2 7. Pressure sensing device V-2 8. Removing pavement V-2 9. Final clean-up V-2 NOTICE TO BIDDERS Separate sealed bids for the construction of the 82nd Street Water Supply and Distribution Main for the City of Lubbock, will be received at office of Floyd P. Nesbitt, Purchasing Agent, City of Lubbock, Texas until 2:00 P.M. July 18, 1979, and then, at said office, publicly opened and read aloud. The principle items of work under this proposal will be furnishing and installing all necessary materials, machinery, equipment, superintendence, and labor for construction of approximately 7,900 feet of 24 inch main, from University Avenue to Memphis Avenue, -and approximately 2,500 feet of 36 inch main, from Memphis Avenue to Quaker Avenue. The City Council will consider the bids on July 26, 1979 at the City Hall, subject to the right to reject any or all bids and waive any formalities. No bidder may withdraw his bid within 30 days after the actual date of the opening thereof. Bidders are required to submit a cashier's or certified check or bid bond in the amount of 5% of the total amount of bid, and the -successful bidder shall provide bond in the full amount of the contract price executed by a surety company authorized to do business in the state of Texas. Attention of bidders is particularly called to the requirements as to con- ditions of employment to be observed and minimum wage rates to be paid under this contract. Plans, specifications, and other contract documents may be examined at the office of the City Engineer, Lubbock, Texas. City of Lubbock By " 6� Floyd P. Nesbitt �_/ Director of Purchasing PROPOSAL WATER DISTRIBUTION LINES 82nd Street Water Supply & Distribution Main University Avenue to Quaker Avenue TO: The Honorable Mayor and City Council City of Lubbock Lubbock, Texas, Gentlemen: Pursuant to the foregoing Notice to Bidders, the undersigned bidder hereby pur- poses to do all work and furnish all necessary superintendence, labor, machinery, equipment, tools, and materials necessary to complete all work upon which he bids, as provided by the attached specifications and shown on the plans, and binds him- self on acceptance of his proposal to execute a contract and bond, according to the accompanying forms, for performing and completing the said work within the time stated and for the following prices, to -wit: Item Quantity Total No. & Unit Description of Item and Unit Prices Amount 1. 30 L.F. 12 inch approved (iron) pipe furnished and in- stalled including fittings, complete in place, per linear foot; Twenty -Two and 14/100 Dollars ($ 22.14 ) 664.20 2. 70 L.F. 18 inch approved pipe furnished and installed including fittings and gravel bedding complete in place, per linear foot; Twenty -Six and 244/100 Dollars ($ 26.244 ) 1,837.08 3. 7,894 L.F. 24 inch approved pipe furnished and installed including fittings and gravel bedding complete in place, per linear foot; Thirty and 78/100 Dollars ($ 30.78 ) 242,977.32 Item Quantity Total No. & Unit Description of Item and Unit Prices Amount 4. 2,559 L.F. 36 inch approved pipe furnished and installed including fittings and gravel bedding complete �in place, per linear foot; Forty -Nine and 68/100 Dollars ($49.68 ) 127,131.12 5. 1 each 24 inch valve and box furnished and installed in place, per each; Five Thousand Two Hundred Forty -One and 35/100 Dollars ($5,241.35 ) 5,241.35 6. 1 each 12 inch valve and box furnished and installed in .place, per each; Six Hundred Twenty -Six and 40/100 Dollars ($626.40 ) 626.40 7. 1 each 14 X 10 inch tapping sleeve and tapping valve and box furnished and installed, including wet tie-in, complete in place, per inch; One Thousand Two Hundred Ninety -Six and no/100 Dollars ($ 1,296.00 ) 1,296.00 8. 1 each Pressure sensing devise including receivers, transmitters, charts and incidentals for a complete installation furnished and installed complete in place, per each; Five Thousand Seven Hundred Twenty -Four and no/100 Dollars ($ 5,724.00 ) 5,724.00 9. 1 each Electric motor valve operator including con- trols and all incidentals for complete instal- lation complete in place, per each; Twelve Thousand Nine Hundred Sixty and no/100 Dollars ($ 12,960.00 ) 12,960.00 10. 4,900 S.Y. Concrete base for paving repair complete in place, per square yard; Sixteen and 20/100 Dollars ($ 16.20 ) 79,380.00 TOTAL BID 477 837.47 i Amounts are -to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. The above unit prices shall include all labor, materials, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. .The Wdder 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 the above bid, and he further agrees to commence work within ten (10) days after written notice to do so, and to substantially complete the work by January 31, 1980. The bidder understands that the owner reserves the right to reject any or -all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for re- ceiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by Paragraph 40 of the General Conditions. The bid security attached in the sum of Five percent of the largest possible bid ( 5% ) is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. (SEAL - if bid is by a corporation Respectfully submitted: Panhandle Construction Company Contractor By . klitleyf David H. Hampton, President P.O. Box 1500 Lubbock, TX 79408 (Address) CONTRACT STATE OF TEXAS COUNTY OF'LUBBOCK THIS AGREEMENT, made and entered into the 26 day of July A.D., 1979, by and between the City of Lubbock, of the County of Lubbock and State of Texas, acting through the Mayor , thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Panhandle Construction Company of the City of Texas Lubbock , County of _ Party of the Second Part, Lubbock and State of hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agree- ments hereinafter mentioned, to be made and performed by the party of the First Part (OWNER), and under conditions expressed in the bond bearing even date herewith, the Party of the Second Pard (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: WATER DISTRIBUTION LINES 82nd Street Water Supply and Distribuion Main University Avenue to Quaker Avenue and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the proposal attached hereto and in accordance with the General Conditions of the Agreement, and in accordance with the Plans, which includes all maps, plats, blue prints and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by the CITY ENGINEER, each of which has been identified by the endorsement of the CONTRACTOR and the ENGINEER thereon, together with the CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Construction Bond hereto attached., all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within thirty days after the clearance of all Utilities in the Right of Way, and to substantially complete same by The OWNER agrees to pay the CONTRACTOR in current funds for the per- formance of the contract in accordance with the proposal submitted therefore, subject to addition and deductions, as provided in the specifications, and to addition thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agree- ment in quadruplicate in the year and day first above written ATTEST: Evelyn Gaff g , City SecrAe (SEAL) ATTEST: Secretary Affix Corporate Seal, if any City of Lubbock Party of the First Part (OWNER) BY irk West, (MAYOR) Panhandle Construction Company Contractor, Corporation, Partnership Part of the Second Part By TITLE David H. Hampton, President Complete Address: Panhandle Construction Company P.O. Box 1500 Lubbock, Texas 79408 STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, that PANHANDLE CONSTRUCTION COMPANY (hereinafter called the Principal (s), as Principal (s), and SAFECO INSURANCE COMPANY OF AMERICA (hereinafter called the Surety (a), as Surety (s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of FOUR HUNDRED SEVENTY-SEVEN THOUSAND EIGHT HUNDRED THIRTY-SEVEN & 47/10 ®ollars ($ 477,837.47 ) lawful money of the United States for the payment whereof, the said principal and Surety bind themselves, and their heirs} administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 26th day of July , 19 79 , to CONSTRUCT 82ND STREET WATER SUPPLY AND DISTRIBUTION MAIN UNIVERSITY AVENUE TO QUAKER AVENUE and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a sub -contractor in the prosecution -of the work provided for in said contract, then, this obligation shall be void; •otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of. Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall t be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 26th day of July 1 19 79 SAFECO ZIIRANGE COMPANY OF AMERICA PANHANDLE CONSTRUCTION COMPANY Surety Principal By: PRESIDENT *By: DAIVID H. HAMPTON (Title) HOWARD COWAN_ (Title) ATTORNEY 1N_FACTBy (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas and hereby designates J IM FINLEY S ASSOCIATES INSURANCE BOX 6800, LUBBOCK, TEXAS 79413 an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. SAFECO INSURANCE COMPANY OF AMERICA Surety *By: HOWARD COWAN_ A�,To�E� � �,��� Approved as to form: City of ubbo c � ft By: H4ty Attorney *Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Payment Bond - Page 2 m STATUTORY F. BOND PURSU1kNT O ARTICIE , REVISEDOF THE CIVIL AMENDED i. ACTS OF THE 56TH E , • t, , 1959 KNOW ALL 14EN BY THESE PRESENTS, that PANHANDLE CONSTRUCTION COMPANY (Hereinafter called the Principal (s), as Principal (s), and SAFECO INSURANCE COMPANY OF AMERICA (hereinafter called the'Surety(s), as Surety(s) are held and firmly bound unto the City of Lubbock (hereinafter -called the Obligee), in the amount of FOUR HUNDRED SEVENTY,SEVEN THOUSANDrEIGHT HUNDRED THIRTY_"cSEVEN S 4M00Dollars (8 477,837.47 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind.themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 26th day of July 19 79 , to CONSTRUCT 82ND STREET WATER SUPPLY AND DISTRIBUTION MAIN UNIVERSITY AVENUE TO OUAKER AVENUE and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article.5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this w bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein, IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this 26th day of__JjjjX__ , 19 79-_ AFRO INSURANCE COMPANY Of AaUA PANHANDLE CONSTRUCTION COMPANY Surety Principal By: PRESIDENT *By D vID H, HAMPT (Title) HOWARD COWAN AT`��-IN FAC'�y By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates JIM FINLEY g ASSOCIATES INSURANCE BOX6800, L_UBBOCK, TX 79413 an agent resident requisite notices may be delivered and on whom matters arising out of such suretyship. Approved as to Form. City of L bbock By b z Attorney �•j[; in Lubbock County to whom any service of process may be had in -SM_11BRUCF COMPANY Qf AMERICA -- Surety *By: -- (T-- HOWARD COWAN ATTOiky' FACT. *Note. If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our tiles. Performance Bond - Page 2 �.Y. i F..' n:7� 0 �d ,� Po i a. � �`� POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 SAFECO No. KNOW ALL BY THESE PRESENTS: 4852 That SAFECO Insurance Company of America, a Washington corporation, does hereby appoint ---H. T. WILKINS; GERTRUDE CROCKER; HOWARD COWAN; FLOYD V. WILSON, Lubbock, Texas ---- its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO Insurance Company of America has executed and attested these presents this 4th day of June , 1979 CERTIFICATE Extract from the By -Laws of SAFECO Insurance Company of America: "Article VI, Section 12.—FIDELITY AND SURETY BONDS ... the President, any Vice President, and the Secretary shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business .... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO Insurance Company of America adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article VI, Section 12 of the By Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, W.D. Hammersla, Secretary of SAFECO Insurance Company of America, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 26th day of July 19 79 PRINTED IN U.S.A. No Text CERTIFICATE OF INSURANCE TO-. CITY OF LUBBOCK Lubbock, Texas Date AUGUST 1, 1979 Type of 82ND ST. WATER SUPPLY Project: 8 DISTRIBUTION MAIN THIS IS TO CERTIFY THAT PANHANDLE CONSTRUCTION COMPANY, BOX 1500, LUBBOCK, TEXA; (Name and Address of Insured) 79408 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 accordance with the provisions. of the standard policies used by this Company, and further hereinafter des- cribed. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability Workmen's Compensation Contractor's Protec- 1 person $ tive Contingent 1 accident $�; Q"0U- Liability CCP004773681 7/9/79 7/9/$0 Property Damage $ 5000000 Builder's Risk Automobile 1 person $ � UUU CCP004773681 7/9/79 7/9/80 1 accident S snn. nnn Other Property Damage $ 10 0 - 0 0 0 The foregoing Policies ( i (do not) cover all sub -contractors. Locations_ Covered: LUBBOCK. TEXAS DESCRIPTION of Operations Covered WATER DISTRIBUTION MAINS The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the 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 after the insured has received such written notice. FIVE COPIES OF THIS CERTIFICATE MUST BE SENT TO THE OWNER THIS CERTIFICATE OF INSURANCL NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS. EXTENDS, OR ALTERS THE COVERAGE AFFORDED BY THE POLICY OR POLICIES 9#OWN ABOVE. TRANSPORTATION INSURANCE COMPANY (Name of insurer) By JIM I L,4Y1,.4�TSOJIATES INSURANC Title AG P . 0. BOX 4W& &tA%§IX 0!S TEXAS 7 9413 No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text 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 sate, together with any materials and equipment under contract for the work, may le held for use on the work by the Owner or the Surety on the construction bond, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefor (ex- cept when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 17, Extra Work); 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 thereupon employ such force of men and use such 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 thereaftgr 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 com- pleted 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 s (b) The Owner under sealed bids, after five (5) days notice published one or more times in a newspaper having a general circulation in the county of the 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 therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the Contractor and/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 25 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contractor and/or his Surety, or the owner as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to com- plete 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; II - 11 039 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 s 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 pro- tect 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 work, and belong to persons other than the Contractor or his Surety, to their proper Owners. 38. 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 wrought into the work. And thereupon the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached 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 Engineer 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. 39. WAR TERMINATION Whenever, because of a national emergency, so declared by the President of the United States or other lawful authority, it shall be impossible for the CONTRACTOR to obtain all the labor, material, and equipment necessary for the prosecution of the work with reasonable continuity, the CONTRACTOR shall notify the OWNER. If the OWNER cannot after reasonable effort help obtain priorities for the materials and equipment within a reasonable time, then the contract shall be considered as terminated and the CONTRACTOR shall be entitled to reimbursement for the necessary actual costs incurred in the prosecution of the work, without profit. 11 - 12 040 40. BOND It is further agreed by the parties to this contract that the Contractor will execute a bond in the sum of 100% of the total contract price, for the satisfactory performance of the work in accordance with this contract in the form provided for this purpose, executed by an approved surety company authorized to do business in the State of Texas, and acceptable according to the latest list of companies holding Certificates of Authority from the Secretary of the Treasury of the United States of America; and it is agreed that this contract shall not be in effect until such bond is furnished and approved by the Owner. 41. TIME OF FILING CIA IMS 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 engineer within five days after the engineer has given any direction, order or instructions to which the contractor desires to take exception. The contractor shall precede this written communication by telephone communication with the city engineer notifying him that he is taking exception to the requirement of the engineer with such telephone communication to be made on the day of the request of the engineer to which the contractor is taking exception. The engineer shall reply to such written exceptions by the contractor before the completion of the project and such reply shall be in writing. In case the contractor should appeal from the engineer's decision, any demand for arbitration shall be filed with the engineer and the owner in writing within ten (10) days after the date of the engineer's final decision. 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 claims by either party, except that in case of guarantees required and furnished as provided in Paragraph 42 below, the provisions of such guarantees shall govern the filing of any claim arising thereunder and that this article shall in no way hinder the provisions of such guarantee. 42. GUARANTEES The manufacturer supplying any mechanical equipment shall furnish a written guarantee to the owner that the equipment furnished meets the require- ments as set forth in the specifications, and that should any mechanical equipment be found to be defective due to inferior workmanship or materials, within one year after acceptance by the owner, the supplier will replace such defective parts or apparatus at no cost whatsoever to the Owner. 43. ADEQUACY OF DESIGN It is understood that the Owner has selected the Engineer named in this Agreement to prepare the plans and specifications, and all supplements thereto; and agreed that the Owner will be responsible for the adequacy of the design, sufficiency of the plans and specifications, and the safety of the structure, provided the Contractor has complied with said plans and specifications all modifications thereof, and additions and alterations thereto, approved by the Engineer. The burden of proof shall be upon the Contractor to show that he has complied with this contract, said plans, specifications, and all modifications thereof, and all additions and alterations thereto. 041 No Text 44 . ARB TTRAT ION 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 arbiter, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters so 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 I esident citizen 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 arbitrage shall lapse, and the decision of the ENGINEER shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the ENGINEER 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 etc. R.C.S. 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 decision of the arbiter or arbiters may be filed in court to carry it into effect. 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 pro- vided by agreement, and shall assess the cost 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. 45. 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 times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substan- tially completed as a whole and in part, in accordance with this contract, plans and specifications and within the time of completion hereafter designated; pro- vided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the con- struction of the various works being done for the Owner shall be harmonized. 042 No Text The Contractor further agrees that he will commence work within ten (10) days after the date written notice to do so shall have been given to the Contractor, and will progress therewith so that the work shall be substantially completed in accordance with the terms of this Agreement. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy and is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 46. 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 and has considered the liquidated damage provisions of paragraph 47 herein 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 or Engineer or of any employee of either or by other contractors employed by the Owner, or by changes ordered in the work, or by strike, lockouts, fire and unusual delays by common carrier, and unavoidable cause or causes beyond the Contractor's control. The Contractor may apply for extension of time as justified and provided herein in writing to the city engineer within 10 days after the act has occurred which would tend to justify an extension of time and the engineer shall submit such written request to the City Council for their consideration. Should the contractor disagree with the action of the City Council on granting an extension of time, the disagreement shall be settled as provided by paragraph 44 herein. 47. LIQUIDATED DAMAGES FOR DELAY The Contractor agrees that the completion date set forth in the proposal is an essential element of the contract, and that if the Contractor fails to substantially complete the work by said completion date or by an extension date if allowed, the owner may permanently withhold seventy-five dollars (75.00) for each working day thereafter. A working day will be considered any day, except legal holidays and Sundays, that, in the judgment of the engineer, the contractor is able or would be able to efficiently employ more than one-half (2) of his equipment for more than four (4) hours. (OR) 48. RECIPROCAL REWARD FOR DELAYED OR EARLY COMPLETION Time for completion is of the essence of this contract, by reason whereof, it reciprocally is agreed: (a) For each day of delay in completion beyond the number of working days herein agreed upon for completion of the work (after allowance for "Extension of Time", as provided for in paragraph 46 hereof) the OWNER shall withhold from the CONTRACTOR'S compensation then unpaid the sum of Dollars 0 ), which shall be applied as liquidated damages; (b) in case the work be completed in fewer days than the number agreed on for completion; II - 15 043 1970 49. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the CONTRACTOR has given the ENGINEER written notice that the work has been completed, or substantially completed, the ENGINEER 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 Plans and Specifications, the ENGINEER shall issue to the OWNER AND THE CONTRACTOR his CERTIFICATE of completion and thereupon it shall be the duty of the OWNER within said thirty-one (31) days to issue a certificate of Acceptance of the work to the CONTRACTOR. 50. FINAL PAYMENT Upon the issuance of the Certificate of Completion, the ENGINEER shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the OWNER, who shall pay to the CONTRACTOR on or before the 31st day after the date of Certificate of Completion the balance due the CONTRACTOR under the terms of this Agreement, provided he has fully performed his contractural obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the CONTRACTOR. 51. PARTIAL PAYMENTS On or before the 5th day of each month the Engineer shall prepare a statement showing as completely as practicable 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 material delivered on the ground that are to be fabricated into the work. The Owner shall then pay the contractor on or before the 10th day of the current month the total amount of the Engineer's statement, less 10 per cent of the amount thereof, which 10 per cent shall be retained until final payments and further less all previous payments, and further less all further sums that may be retained by the Owner under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occur due to no fault or neglect on the part of the Contractor, the Owner may -- upon written recommendation of the Engineer - pay a reasonable and equitable portion of the retained percentage to the con- tractor; or, the Contractor at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated in paragraph 26 hereof. II - 16 WS No Text No Text No Text No Text I All joints for iron pipe shall be of the rubber gasket bell and spigot type, except where connecting to flanged fittings, and shall otherwise conform to the base specifications to which the pipe is manufactured. The joint shall be the latest approved type of rubber gasket joint for cast -iron pipe. All joints of iron pipe and fittings shall be sealed with a continuous ring rubber gasket meeting standards specified by AWWA Clll-64 (A.S.A A21.11) or its latest revision. Fittings for iron pipe shall be AWWA Standard Class "D" bell and spigot type or an approved rubber gasket joint for the particular type of pipe used and designed for the pressures of the pipe except as shown onthe plans. Flanged fittings where required, shall be 125 pound American Standard. All fittings shall be lined with cement of coal tar and coated with an asphaltic paint. Fittings shall conform to AWWA C110-64 (A.S.A. A21.10) or its latest revision. C. Asbestos -Cement Pipe Asbestos -cement pipe shall be manufactured in accordance with Federal Specifications SS-P-351 or AWWA C400-65 for design con- ditions given in these specifications and on the plans. The joint shall be the latest approved rubber gasket type joint for asbes- tos -cement pipe as specified by AWWA C400-65. Fittings shall be as specified for cast iron. D. Pretensioned Concrete Cylinder Pipe Pretensioned Concrete Cylinder pipe shall be manufactured in accordance with the latest revision of Federal Specifications SS-P-381A for pretensioned Concrete Cylinder Pipe or AWWA C303-70 or its latest revision. The joints of pretensioned concrete cylinder pipe and fittings shall be sealed with a continuous ring rubber gasket meeting standards specified in AWWA C303-70. A portland cement mortar shall be used to fill the annular space both inside and outside of joints in the pretensioned concrete cylinder pipe. Portland cement used in the mortar shall conform to "Standard Specifications and Tests for Portland Cement", A.S.T.M. serial designations C150 and C77. Sand for the mortar shall conform to A.S.T.M. designation C33-52T for fine aggregate. The exterior joints on pretensioned concrete cylinder pipe shall be poured with a Heavy Duty Diaper as furnished by MAR -Mac Manu- facturing Company or approved equal. The width of the diaper shall be seven (7) inches for pipe measuring 12" to 27" and nine (9) inches for pipe measuring 30" to 48". The band shall be provided with 3/8 inch x 0.20 steel straps on each side. III-2 3. VALVES A. Butterfly Valves Butterfly valves shall conform to A14WA Specifications C504-70 for Class 150-B. Valve bodies shall be cast iron and may be either short body or long body lengths. The butterfly valves are for vault installation and shall be equipped with a hand wheel, a 2-inch, operating nut, a locking device and a position indicator. The valves shall be manually operated with enclosed worm gear or traveling nut operation and shall be designed to operate at maximum torque with a maximum pull of 80 pounds. The valve shall open by turning to the left (counterclockwise). The design water pressure differential shall be 150 psi upstream and 0 psi downstream. Valves installed in vaults shall be painted with heavy-duty machinery paint with clor and type to be approved by Engineer. B. Gate Valves All gate valves 12" and smaller shall be double disc, parallel seat, iron body, bronze mounted throughout. In -line valves 12" and smaller may be either flanged or mechanical joint (but no combination flange and mechanical joint). All valves on side outlets shall be combination flange and mechanical joint or flange end - latest rubber gasket. The valves shall have non - rising stems, shall open by turning to left and shall be furnished with a 2" operation nut. Valves shall be designed to withstand a working pressure of 150 psi and shall comply in all respects to AWWA standards. Valves shall be Mueller, M & H, Darling or Iowa. All parts for valves furnished must be standard and completely interchangeable with hub end valves of the same brand. The successful bidder may be required to furnish the owner with a letter stating what type of valve he proposes to use and a letter from the manufacturer stating the parts are standard and inter- changeable as herein specified. III-3 4. VALVE BOXES, FRAME AND COVER All valves boxes for butterfly valves shall be pre -cast concrete manholes manufactured to ASTM C-478 and as shown on plans. Precast manholes shall have butt joint bottom with tongue and groove joints on upper section and a minimum inside diameter of six feet. Joints shall be filled with portland cement or asphaltic compound, for water tightness. The manhole shall be placed on undisturbed soil. If soil is disturbed then Class "B" concrete shall be used for footing. The bottom shall be six inches of one inch crushed rock. Valve box cover shall be pre -cast flat slab manufactured to ASTM C-478 with manhole cover opening centered over operating nut or valve. The slab shall have tongue and groove joint for connection to manhole. Manhole frames and covers shall be of good quality gray iron casting of a pattern similar to that shown on the plans and with a clear opening of not less than 22 inches. The frame and cover shall be designed with a full bearing ring so as to provide a continuous seat between frame and cover. The cover shall be furnished with lifting ring cast into the cover in such manner as to prevent leaking through. Valve boxes shall be of cast iron. The boxes shall be designed to fit over a section of 6" claytile pipe which will be used as an extension from the top of the valve. The box shall have a heavy cast iron cover marked "Water". The box shall have a flange type base approximately 4" larger in diameter than the outside diameter of the barrel of the box. 5. GRAVEL FOR EMBEDMENT Gravel for embedment shall consist of processed natural gravel. The particles shall have irregular surfaces. The material shall be crushed and shall be stable when saturated. The material shall be graded within the following limits. Maximum Passing Percent by Weight 1/2 inch sieve 100 3/8 inch sieve 100 No. 4 sieve. 100 No. 8 sieve 100 No. 16 sieve 85 No. 30 sieve 60 No. 50 sieve 30 No. 100 sieve 10 A maximum of 10% by weight may be retained on the 1/2 inch sieve with no particle being more than 1" in diameter. The material shall -be sufficiently free from clay, dust, blow sand, caliche or slag so as to prevent shrinkage after jetting and drying. III-4 6. CONCRETE Concrete to be used in constructing valve chambers, concrete cradling, concrete blocking for fittings, etc., shall be made with portland cement which conforms to "Standard Specifications and Tests for Portland Cement", A.S.T.M. Serial Designation C150-41 and C77-40. Concrete aggregates shall consist of natural washed and screened sand, and washed and screened gravel or clean crushed stone conforming to "Standard Specifications for Concrete Aggregate", A.S.T.M. Serial Designation C-33-63. The aggregates shall be well graded from coarse to fine and shall be free from injurious amounts of clay, soft or flaky materials, loam or organic impurities. All aggregates shall be approved by the Engineer before use. Water used in mixing concrete shall be clear, clean, free from oil, acid or organic matter and free from injurious amounts of alkali, salts or other chemicals. The concrete mix shall be based on the water -cement ratio, and shall be as follows for the different classes of concrete. All concrete (Class A) for manholes, valve chamber and other reinforced concrete structures shall contain not more than 7.0 gallons of water per sack of cement. All concrete (Class B) for pipe cradling, blocking of fittings, and other non -reinforced concrete shall contain not more than 9 gallons of water per sack of cement. Surface moisture or moisture carried by the aggregates shall be included as part of the mixing water. Class A concrete shall have a minimum 28 day compres- sive strength of 3000 psi and Class B shall have 2500 psi compressive strength at 28 days. The proportioning of the constituents of the concrete shall be such as to produce a dense, and workable mixture, and the designed mix shall be approved by the Engineer before any concrete is placed. 7. REINFORCING" STEEL Reinforcing steel used in concrete manholes and valve chambers shall be deformed bars conforming to "Specifications for Billet -Steel Bars. for Concrete Reinforcement", A.S.T.M. A-15 grade 40 or grade 50. III-5 No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text