HomeMy WebLinkAboutResolution - 3628 - Contract - Roberts Construction Company - Water System Upgrade, Overton Addition - 05_23_1991Resolution No. 3628
May 23, 1991
Item #38
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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 by and
between the City of Lubbock and Roberts Construction Company for a water sys-
tem upgrade for the Overton Addition, 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 23rd day of May , 1991.
B. C. Mc I N, MAYOR
ATTEST:
Ranette Boyd, i y Secretary
APPROVED AS TO CONTENT:
Gene Ea s, Purch4sing Manag r
APPROVED AS TO FORM:
A44W2
Hatold Wi ar , Assistant City
Attorney
CITY OF LUBBOCK
SPECIFICATIONS
FOR
WATER SYSTEM UPGRADE
OVERTON ADDITION
BID # 11285
CITY OF LUBBOCK
_ Lubbock, Texas 37 4?41z)
l�
City of Lubbock
P.O. Box 2000
_. Lubbock, Texas 79457
B06-767-2167
Bid #11285
Addendum #1
Office of
Purchasing
Mailed to Vendor: May 1, 1991
Close Date: May 9, 1991 @ 2:00 P.M.
Please modify or amend Contract Documents as follows:
1. The 12" ductile iron as shown on the plan should read 12" Approved
Class 150.
2. The 8" ductile iron indicated on item number 2 of the proposal form
should read 8" Approved Class 150. The 8" C-900 PVC as shown on the
plans should read 8" Approved Class 150.
3. Replace the Lump Sum Proposal Form and the Unit Bid Proposal Form
with the Unit Bid Proposal Form and new Exhibit A enclosed.
4. Contractor will salvage all brick pavers encountered at intersection
and haul brick pavers to the Streets Department located at 600
Municipal Drive. This expense shall be included in the unit pricing
for pipe installation. Brick paving will be replaced by the City of
Lubbock.
_ 5. The concrete slab for the paving cut shall be constructed with a 9"
overlap on each side of the ditch rather than one-half ditch width
as shown on plans and in the specifications.
6. The depth of the concrete slab across ditch where bricks are
existing shall be the thickness of brick plus a minimum of 1" of
sand below the existing surface.
Z
you,
Ron Shuffield
PLEASE RETURN ONE COPY WITH YOUR BID.
BID PROPOSAL
BID FOR UNIT PRICE
PLACE:
DATE:
PROJECT NO•
Proposal of (hereinafter called "Bidder")
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called "Owner')
Gentlemen:
The Bidder in compliance with your invitation for bids for the construction of
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 "Al' 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 90 (NINETY) consecutive 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 $100.00 (One Hundred dollars) for each consecutive calendar day
in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the
general conditions of the contract.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with
Instruction No. 20 of the General Instructions to Bidder.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans; specifications, and contract documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date specified in the written notice to proceed, and to substantially complete
the work on which he has bid; as provided in the contract documents.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars ($ ) or a Proposal Bond in the sum of Dollars ($ ),
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal
is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required
bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of
acceptance of said proposal; otherwise said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
By:
(seal if Bidder is a Corporation)
ATTEST:
Secretary
Contractor
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item
Quantities
Total
No.
---------------------------------------------------------------------------------
& Units
Description of Item & Unit Prices
Amount
1.
4,594 L.F.
12" Approved Class 150 pipe furnished and
installed including fittings, complete in
place, per linear foot;
DOLLARS ($
)
CENTS
$
2.
2,546 L.F.
8" Approved Class 150 pipe furnished and
installed including fittings, complete in
place, per linear foot;
DOLLARS ($
)
CENTS
$
3.
115 L.F.
6" Ductile iron pipe furnished and installed
including fittings, complete in place, per
linear foot;
DOLLARS ($
)
CENTS
$
4.
215 L.F.
4" Ductile iron pipe furnished and installed
including fittings, complete in place, per
linear foot;
DOLLARS ($
)
CENTS
$
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item
Quantities
Total
No.
---------------------------------------------------------------------------------
& Units
Description of Item & Unit Prices
Amount
5.
14
Each
4" Gate valve and box, furnished and
installed complete in place, per each;
DOLLARS ($
)
CENTS
$
6.
9
Each
6" Gate valve and box, furnished and
installed complete in place, per each;
DOLLARS ($
)
CENTS
$
7.
5
Each
12" Gate valve and box, furnished and
installed complete in place, per each;
DOLLARS ($
)
CENTS
$
8.
2
Each
14 x 8 inch tapping sleeve and tapping
valve furnished and installed, including
wet tie-in and valve box, complete in
place, per each;
DOLLARS ($
)
CENTS
$
9.
1
Each
12 x 10 inch tapping sleeve and tapping
valve furnished and installed, including
wet tie-in and valve box, complete in
place, per each;
DOLLARS ($
)
CENTS
$
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item
Quantities
Total
No.
---------------------------------------------------------------------------------
& Units
Description of Item
& Unit Prices
Amount
10.
2 Each
12 x 8 inch tapping
sleeve and tapping
valve furnished and
installed, including
wet tie-in and valve
box, complete in
place, per each;
DOLLARS ($
)
CENTS
$
11.
1 Each
10 x 10 inch tapping
sleeve and tapping
valve furnished and
installed, including
wet tie-in and valve
box, complete in
place, per each;
DOLLARS ($
)
CENTS
$
12.
2 Each
6 x 6 inch tapping sleeve
and tapping
valve furnished and
installed, including
_
wet tie-in and valve
box, complete in
place, per each;
DOLLARS ($
)
CENTS
$
13.
6 Each
2 inch taps and corporations
for 4 inch
cast iron furnished
and installed, com-
plete in place, per
each;
DOLLARS ($
)
CENTS
$
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item
Quantities
Total
No.
---------------------------------------------------------------------------------
& Units
Description of Item & Unit Prices
Amount
14.
6 Each
2" Couplings for cast iron, furnished
and installed, complete in place, per
each;
DOLLARS ($
)
CENTS
$
15.
10 Each
4" Couplings for cast iron, furnished
and installed, complete in place, per
each;
DOLLARS ($
)
CENTS
$
16.
14 Each
6" Couplings for cast iron, furnished
and installed, complete in place, per
each;
DOLLARS ($
)
CENTS
$
17.
19 Each
Wet -ties including labor and incidentals
necessary for making tie-ins, complete
in place, per each;
DOLLARS ($
)
CENTS
$
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item
Quantities
Total
No.
---------------------------------------------------------------------------------
& Units
Description of Item & Unit Prices Amount
18.
86 L.F.
Boring including 24" encasement and
approved 12" Class 150 pipe furnished
and installed in bore, complete in place,
per linear foot;
DOLLARS ($ )
CENTS $
19.
190 L.F.
Boring including 18" encasement and
approved 8" Class 150 pipe furnished
and installed in bore, complete in place,
per linear foot;
DOLLARS ($ )
CENTS $
20.
3,200 S.Y.
Concrete base for paving repair, complete
in place, per square yard;
DOLLARS ($ )
CENTS $
TOTAL BID (Items 1 through 20) $
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: WATER SYSTEM UPGRADE
ADDRESS: OVERTON ADDITION
BID NUMBER: 11285
PROJECT NUMBER: 2125-553102-9644
CONTRACT PREPARED BY: Purchasing Department
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
INDEX
PAGE
NOTICETO BIDDERS..........................................................................................3
GENERAL INSTRUCTIONS TO BIDDERS............................................................................5
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
PAYMENTBOND..............................................................................................14
PERFORMANCE BOND..................... .....................................................................17
CERTIFICATE OF INSURANCE..................................................................................20
CONTRACT..................................................................................................22
GENERAL CONDITIONS OF THE AGREEMENT.......................................................................24
CURRENT WAGE DETERMINATIONS...............................................................................42
SPECIFICATIONS............................................................................................43
SPECIALCONDITIONS........................................................................................44
NOTICE OF ACCEPTANCE......................................................................................45
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID # 11285
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until
2:00 o'clock p.m. on the 9th day of May, 1991, 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:
WATER SYSTEM UPGRADE - OVERTON ADDITION
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager 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 Gene
Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 23rd day of May, 1991, at Municipal Bldg.,
Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or
all bids and waive any formalities. The successful bidder will be required to furnish a performance bond
and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the
total contract price in the event that said contract price exceeds S25,000.00. Said statutory bonds should
-- be issued by a company carrying a current Best RatiD2 of B or superior, 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, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a pre -bid conference on 30th day of April, 1991, at 10:00 olclock a.m., Committee
Conference Room #103, Municipal Building, 1625 13th Street.
CITY OF LUBBOCK
BY: Gene Eads, C.P.M.
Purchasing Manager
ADVERTISEMENT FOR BIDS
BID # 11285
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock,
Texas, 79401 until 2:00 o'clock p.m. on the 9th day of May, 1991, 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:
WATER SYSTEM UPGRADE - OVERTON ADDITION
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
The plans, specifications, proposal 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, 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, or national origin in consideration for an award.
There will be a prebid conference on 30th day of April, 1991, at 10:00 o'clock a.m., Conference
Committee Room #103, Municipal Building, 1625 13th Street.
BY: Gene Eads, C.P.M.
PURCHASING MANAGER
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following:
To furnish and install water lines for upgrading water system in the Overton Addition.
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the Gen-
eral Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a
bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as
noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 90 (NINETY) 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 sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple-
tion 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 the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
-5-
7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade
will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail
will not relieve the Contractor of full responsibility for providing materials of high quality and for pro-
tecting 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 provi-
sion. 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.
a. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective 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 di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, 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 re-
serves 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 ma-
terials to be incorporated into the work without paying the tax at the time of purchase.
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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 construc-
tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities of which it has knowledge. How-
ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under-
ground 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 sig-
nals, 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 re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, 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 blast-
ing. 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
-7-
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 subroga-
tion.
The insurance certificates furnished shall name the City as an additional insured and shall further state
that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a
statement from the Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the Owner's Representative to do such work. The
final decision on whether to allow construction work requiring an inspector on weekends or holidays will be
made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition
so that it is no longer dangerous to property or life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the
site of the work shall not later than the seventh day following the payment of wages, file with the Owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name
of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The
affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc-
tions (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.
-8-
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 in-
creases or decreases in the cost of materials, labor or other items required for the project will be re-
jected 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, dis-
tinctly 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 indi-
vidual, 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 fol-
lowing:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
-9-
(THIS PAGE LEFT BLANK INTENTIONALLY)
BID PROPOSAL
-10-
(THIS PAGE LEFT BLANK INTENTIONALLY)
BID PROPOSAL
BID FOR UNIT PRICE
PLACE: rLl��/�dLy/�C / Y
DATE: -AA 3 I/ 7/
PROJECT NO: /Zr9 c9-5�
Proposal of `�6e%.f. (�,� S%^6(C/�/J &. (hereinafter called "Bidder")
Po, d vac b o o Be, SAN AN 6e%o TX 76704,
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called "Owner")
Gentlemen:
The Bidder in compliance with your invitation for bids for the construction of
_ 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 90 (NINETY) consecutive 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 $100.00 (one Hundred dollars) for each consecutive calendar day
in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the
general conditions of the contract.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with
Instruction No. 20 of the General Instructions to Bidder.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications, and contract documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date specified in the written notice to proceed, and to substantially complete
the work on which he has bid; as provided in the contract documents.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars (S ) or Proposal So in the sum of / liars ($ ),
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal
is accepted by the owner and the undersigned fails to execute the necessary contract documents and the required
bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of
acceptance of said proposal; otherwise said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
lWObe#45 &All-blkd; A Co.
/no
Contractor
•�3Enc 6ao��6
aSAN AN�E/p,�T)k. 7(.90,�
QIVA)2
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item
Quantities
Total
No.
---------------------------------------------------------------------------------
& Units
Description of Item & Unit Prices
Amount
1.
4,594 L.F.
12" Approved Class 150 pipe furnished and
installed including fittings, complete in
place, per linear foot;
DOLLARS ($
CENTS
2.
2,546 L.F.
8" Approved Class 150 pipe furnished and
installed including fittings, complete in
place, per linear foot;
DOLLARS ($,eQ— )
VLa, CENTS
$, . /SS•9,
3.
115 L.F.
6" Ductile iron pipe furnished and installed
including fittings, complete in place, per
linear foot;
—cr-O DOLLARS ($y3
� }
.o. CENTS
4.
215 L.F.
4" Ductile iron pipe furnished and installed
including fittings, complete in place, per
linear foot;
DOLLARS ($--- � ,av )
_gyp CENTS
s j�? LC
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Total
No. & Units Description of Item & Unit Prices Amount
---------------------------------------------------------------------------------
5. 14 Each 4" Gate valve and box, furnished and
installed complete in place, per each;
IM
a
fl ,t,•ricQ c�.,�' DOLLARS ( o
L
CENTS
9 Each 6" Gate valve and box, furnished and
installed complete in place, per each;
1,,4kDOLLARS ($45%
V
`yI�} CENTS 030 1 0(
5 Each 12" Gate valve and box, furnished and
installed complete in place, per each;
2 Each 14 x 8 inch tapping sleeve and tapping
valve furnished and installed, including
wet tie-in and valve box, complete in
place, per each;
TicroDOLLARS ($c,Z�—o ) ,
v
CENTS $$7690
I Each 12 x 10 inch tapping sleeve and tapping
valve furnished and installed, including
wet tie-in and valve box, complete in
place, per each;
�,� CENTS _
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Total
No. & Units Description of Item & Unit Prices Amount
---------------------------------------------------------------------------------
10. 2 Each 12 x 8 inch tapping sleeve and tapping
valve furnished and installed, including
wet tie-in and valve box, complete in
place, per each;
DOLLARS ($442,33oo )
CENTS
11. 1 Each 10 x 10 inch tapping sleeve and tapping
valve furnished and installed, including
wet tie-in and valve box, complete in
place, per each;
��-�cLr111-�. �.ctE'.►.� DOLLARS
CENTS
12. 2 Each 6 x 6 inch tapping sleeve and tapping
valve furnished and installed, including
wet tie-in and valve box, complete in
place, per each;
me, Otc�� �� DOLLARS ($ °� )
CENTS
13. 6 Each 2 inch taps and corporations for 4 inch
cast iron furnished and installed, com-
plete in place, per each;
DOLLARS ($ I Q )
�j-LO CENTS
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Total
No. & Units Description of Item & Unit Prices Amount
---------------------------------------------------------------------------------
14.
15
16.
6 Each 2" Couplings for cast iron, furnished
and installed, complete in place, per
each;
DOLLARS ($
CENTS $^
10 Each 4" Couplings for cast iron, furnished
and installed, complete in place, per
each;
DOLLARS ($)
CENTS
14 Each 6" Couplings for cast iron, furnished
and installed, complete in place, per
each;
jDOLLARS
CENTS
17. 19 Each Wet -ties including labor and incidentals
necessary for making tie-ins, complete
in place, per each;
11��n 5P1 DOLLARS ($)
CENTS
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Total
No. & Units Description of Item & Unit Prices Amount
---------------------------------------------------------------------------------
18. 86 L.F. Boring including 24" encasement and
approved 12" Class 150 pipe furnished
and installed in bore, complete in place,
per linear foot;
%u DOLLARS
CENTS $2-LIA
19. 190 L.F. Boring including 18" encasement and
approved 8" Class 150 pipe furnished
and installed in bore, complete in place,
per linear foot;
�A DOLLARS ($ %,P= )
CENTS $LoG
20. 3,200 S.Y. Concrete base for paving repair, complete
in place, per square yard;
DOLLARS ($/j -� }
CENTS $�
TOTAL BID (Items 1 through 20)
(FWF�Gi �C2 /
83
(THIS PAGE LEFT BLANK INTENTIONALLY)
LIST OF SUBCONTRACTORS
This form shall be completed and submitted with the Bidder's Proposal.
1. We TEXAS �v hi �5 Co.J �ldessa 7_X
a.
3.
4.
5.
6.
7.
8.
9.
10.
Minority Owned
Yes No
-13-
(THIS PAGE LEFT BLANK INTENTIONALLY)
UNITED PACIFIC INSURANCE COMPANY
HOME OFFICE, FEDERAL WAY, WASHINGTON
BID BOND bond No.
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. OCCUMENT NO. A-310 (FEB. 7970 ED.)
KNOW ALL MEN BY THESE PRESENTS, that we
Roberts Construction Company
as Principal, hereinafter called the Principal, and the UNITED PACIFIC INSURANCE COMPANY of Federal
Way, Washington, a corporation duly organized under the laws of the State of Washington, as Surety,
hereinafter called the Surety, are held and firmly bound unto
City of Lubbock
as Obligee, hereinafter called the Obligee, in the sum of FIVT,_; PERCENT OF AMOUNT BID BY
PRINCIPAL------ Dollars ($ 5% of Bid 1,
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
Water System Upgrade Overton Bid #11285
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 faithful performance of such Contract and for the prompt payment of labor and material fur-
nished 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 9th day of May A.D. 19 91
Roberts Construction
• r ci I ' (Baal)
(Witness)
(Title)
DISCLOSURE OF GUARANTY FUND NONPAIMCIPATION
_ In the event the insurer (Surety) Is unable to fuM01 hs contrac-
tual obligation under this policy or oontract Or application
or certificate or evidence of covemgo, do policyholder or
certificateholder is not protected by an kmranos guaranty
fund or other solvency protealon arranpamonL
UNITED PACIFIC INSURANCE COMPANY
Laura Espinoza Attorney —in —Fact
BDU-2305 Ed. 5181
U==D PACIFIC INSURANCE COMPANY
HEAD OFFICE, FEDERAL WAY, WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Washington, does hereby make, constitute and appoint Laura Espinoza, ATm,, R. Brown, Steve Deal and
_ Donal Boley, individually, of Wichita Falls, Texas
Its true and lawful Attomey-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds
and undertakings of Suretyship,
and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other
writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and
attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s}in-Fact may do in pursuance hereof.
The Power of Attorney is granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice
President orother officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the
nature thereof, and (b) to remove any such Attomey-in-Fact at any time and revoke the power and authority given to him.
2. Attomeys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to
execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and
_ other writings obligatory in the nature thereof.
3. Attomeys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of
Indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the
Company and to copies of the By -taws of the Company or any article or section thereof.
The power of attomey is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at ameeting held on the 5th day of June,1979, at which aquorum was present, and said Resolution has
not been amended or repealed:
"Resolved, that the signature of such directors and officers and the seal of the Company may be affixed to any such
power of attorney or any certificate relating thereto by facsimile, and any such power of attomey or certificate bearing
such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
—. future with respect to any bond or undertaking to which It is attached."
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be ig�ned by its Vice President, and its
corporate seal to be hereto affixed, this 27th day of February 19 rsf�' / /1 7
STATE OF
COUNTY OF
Penrls�rlvania SS.
Philadelphia
On this 27th day of February
UNIT;IkCIFIC IN AN WMP,
SFsi_ :
]92 Vice President
�
,19 $9 personally appeared Ravmnnd MacNeil
to me known to be the Vice -President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the
foregoing instrument and affixed the seal of said corporation thereto, and that Article VII;,Section 1, 4d3he By -La said company and
the Resolution, set forth therein, are still in full force. p/�My Commission Expires:�/�Aur7ust 10 ,1992 :
Notary Public in andf PennSvlcTania
'+►, ��� Residing at P►u.ladelphia
P. D. Crosse.tta , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above
and foregoing is a true and correct copy of a Powerof Attorney executed by UNITED PACIFIC INSURANCE COMPANY, which is still in full force
and effect.
" IN WITNESS WHEREOF, I have hereunto set my hand and affixetie�� id Cbmpany this 9 th day of \ 19 �9,
192
BDU-1431 Ed. 6/79 �" ~"`�:�� Assistant Secreta
PAYMENT BOND
-14-
(THIS PAGE LEFT BLANK INTENTIONALLY)
UNITED PACIFIC INSURANCE COMPANY
HOME OFFICE. FEDERAL WAY. WASHINGTON
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,-
(McGREGOR ACT — PUBLIC WORKS)
(Penalty of this Bond must be 100 0 of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That
— Roberts Construction Company
(hereinafter called the Principal), as Principal, and UNITED PACIFIC INSURANCE COMPANY, a Washington Corpora-
tion of Federal Way, Washington (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Lubbock
(hereinafter called the Obligee), in the amount of TWO HUNDRED THIRTY SIX THOUSAND NINE
HUNDRED FIFTY ONE AND 83/100 --- — 236 95183
DOLLARS (S .
r ) 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 28th
day of may , 19 —21—, to
Water System Upgrade Overton Bid #11285
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in
said contract, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said article to the some extent as if it were
copied at length herein.
IN WITNESS WHEREOF, t;�e said Principal and Surety have signed and sealed this instrument this 28th
— day of May 19 91
Roberts Construction Company
?nnc oar
UNITED P. CIFIC INSURAN E COMPANY
By
BOU-2838A Ed. 2/87 (Texas) Laura Espinoza
(THIS PAGE LEFT BLANK INTENTIONALLY)
UNITED PACIFIC INSURANCE COMPANY
HEAD OFFICE, FEDERAL WAY, WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Washington, does hereby make, constitute and appoint Laura Espinoza, Arfn7 R. Brown, Steve- Deal and
— Donal Boley, individually, of Wichita Falls, Texas
Its true and lawful Attomey-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed anv and all bonds
and undertakings of Suretyship,
and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other
writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and
attested by one other of such officers, and hereby ratifies and confirms all that its said Attomey(sj in -Fact may do in pursuance hereof.
The Power of Attorney is granted under and by authorityof Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice
President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attomeys-in-Fact and to authorize
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the
nature thereof, and (b) to remove any such Attomey-in-Fact at any time and revoke the power and authority given to him.
2. Attomeys-in•Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to
execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof. The corporate seal is not necessary forthe validity of any bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof.
3. Attomeys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of
indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the
Company and to copies of the By -Laws of the Company or any article or section thereof.
The power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has
not been amended or repealed:
"Resolved, that the signature of such directors and officers and the seal of the Company may be affixed to any such
power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing
such faccimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these 7sents to be i�ned by its Vice President, and its
corporate seal to be hereto affixed, this 27th day of Febr -iary 19 n 7
STATE OF Pe_nnsN lvania ss.
COUNTY OF Philadelphia
On this 27th day of February
UNITED kCIFIC IN :AN 7MP
{C
192
Vice President
,19 89 personally
appeared Ravmend MacNeil
— to me known to be the Vice -President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the
foregoing instrument and affixed the seal of said corporation thereto, and that Article VII,Zection 1, 2, d 3 of the By said company and
the Resolution, set forth therein, are still in full force. \
,, Y.
My Commission Expires: SOP
•
.T .►�� ,p
August 10 ,1992 Pennsvlvania
o. w.• `\� Notary Public in and for Sta a of
Philadelphia
_ Residing at P
I P. D. Crossetta Assistant Secretaryof the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attomey executed by UNITED PACIFIC INSURANCE COMPANY, which is still in full force
and effect.
j"""Il*ter
IN WITNESS WHEREOF, I have hereunto set my hand and affixes heF id Company this 2 8 th day of M ` 1991. 191t.o'.
BDU-1431 Ed.W79 AssistantSecreta
(THIS PAGE LEFT BLANK INTENTIONALLY)
Disclosure Of Guaranty Fund Nonoarticivation
The Texas Property and Casualty Insurance Guaranty Act,
Article 21.28-C, exempts .fidelity and surety bonds from the
"- Act. Thus, these contracts must have the Disclosure of
Guaranty Fund Nonparticipation Notice attached.
This regulation is effective immediately and applies to
all contracts issued after January 1, 1990. The exact wording
of the Notice is as follows:
In the event the insurer is unable to fulfi11
its contractual obligation under' this policy or
contract or application or certificate or evidence
of coverace, the policyholder or certificateholder
is not protected by an insurance guaranty fund or
other solvency protection arrangement.
COMPLAINT NOTICE
SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR ABOUT A CLAIM
THAT YOU HAVE FILED, CONTACT THE AGENT OR WRITE TO THE COMPANY
THAT ISSUED THE POLICY. IF THE PROBLEM IS NOT RESOLVED, YOU
MAY ALSO WRITE THE STATE BOARD OF INSURANCE, P.O. BOX 149091,
AUSTIN, TEXAS 78714-9091, FAX #512-475-1771. THIS NOTICE OF
COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME
"- A PART OR CONDITION OF THIS POLICY.
(THIS PAGE LEFT BLANK INTENTIONALLY)
PERFORMANCE BOND
-17-
(THIS PAGE LEFT BLANK INTENTIONALLY)
'UNITED PACIFIC INSURANCE COMPANY
-- HOME OFFICE, TACOMA, WASHINGTON
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959
(McGREGOR ACT — PUBLIC WORKS)
(Penalty of this Bond must be 100 0 of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That
Roberts Construction Company
(hereinafter called the Principal), as Principal, and UNITED PACIFIC INSURANCE COMPANY, a Washington
Corporation of Tacoma, Washington (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Lubbock
TWO HUNDRED THIRTY SIX THOUSAND NINE
(hereinafter called the Obligee), in the amount of
HUNDRED FIFTY ONE AND 83/100---- 23695183
DOLLARS ($ ,.} 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 28th
day of May , 19 91 , to
Water System Upgrade Overton Bid #11285
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 faith-
fully perform the work in accordance with the plans, specifications and contract documents, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said article to the some extent as if it were
copied at length herein.
IN WITNESS WHEREOF, t;ie said Principal and Surety have signed and sealed this instrument this 28th
day of May 19 91
Roberts Construction Company
Principal
UNITED IFIC INSURA E COMPANY
— ' By Atr�ey-in-Foci
Laura Es inoza
BOU-2838 ED. 7-71 (TEXAS) p
(THIS PAGE LEFT BLANK INTENTIONALLY)
UNITED PACIFIC INSURANCE COMPANY
HEAD OFFICE, FEDERAL WAY, WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Washington, does hereby make, constitute and appoint L-iura Espinoza, Amy R. Brown, Steve Deal and
Donal Bnlev, individually, of Wichita Falls, Texas
its true and lawful Attomey-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds
and undertakings of Suretyship,
and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other
writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and
attested by one other of such officers, and hereby ratifies and confirms all that its said Attomey(s)-in-Fact may do in pursuance hereof.
The Power of Attorney is granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice
President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the
nature thereof, and (b) to remove any such Attomey-in-Fact at any time and revoke the power and authority given to him.
2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to
execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof.
3. Attomeys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of
Indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the
Company and to copies of the By -Laws of the Company or any article or section thereof.
The power of attorney is signed and sealed by facsimile underand by authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June,1979, at which a quorum was present, and said Resolution has
not been amended or repealed:
"Resolved, that the signature of such directors and officers and the seal of the Company may be affixed to any such
power of attorney or any certificate relating thereto by facsimile, and any such powerof attorney or certificate bearing
such fassimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
'- future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these psents to be iq�ned by its Vice President, and its
corporate seal to be hereto affixed, this 27t1"1 day of Febriary 19 7
STATE OF Penr19N7lvani•.=i ss.
COUNTY OF
Ph i_ lade]_rDhia
On this 27th day of February
UNI7kCIFIC IN AN QOMP
y( CFAr..� Vice President
Isz
,19 89 personally appeared Ravmond NLaCNeil
to me known to be the Vice -President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the
foregoing instrument and affixed the seal of said corporation thereto, and that Article VII,Zection 1, 2, d 3 of the By -La said company and
the Resolution, set forth therein, are still in full force.
My Commission Expires: °P�..•,y,pC�-
IT
August 10 1992 - M
`o •.ti M,.`c Notary Public in and forSta eof Pennsvlvaniz
•��r N,. Residing at Philadelphia
1 P. D. Crossetta , Assistant Secretaryof the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney executed by UNITED PACIFIC INSURANCE COMPANY, which is still in full force
and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixe�hv id Company this 2 8 th day of M 1991.
=1 rS�.
I92 �
BDU-1431 Ed. 6/79 �' ' • .°� Assistant Secreta
(THIS PAGE LEFT BLANK INTENTIONALLY)
Disclosure Of Guaranty Fund Nonparticipation
The Texas Property and Casualty Insurance Guaranty Act,
Article 21.28-C, exempts. fidelity and surety bonds from the
Act. Thus, these contracts must have the Disclosure of
Guaranty Fund Nonparticipation Notice attached.
This regulation is effective immediately and apolies to
all contracts issued after January 1, 1990. The exact wording
of the Notice is as follows:
In the event the insurer is unable to fulfill
its contractual obligation under* this policy or
contract or application or certificate or evidence
of ccverace, the policyholder or certificatehclder
is not protected by an insurance guaranty fund or
other solvency protection arrangement.
COMPLAINT NOTICE
SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR ABOUT A CLAIM
THAT YOU HAVE FILED, CONTACT THE AGENT OR WRITE TO THE COMPANY
THAT ISSUED THE POLICY. IF THE PROBLEM IS NOT RESOLVED, YOU
MAY ALSO WRITE THE STATE BOARD OF INSURANCE, P.O. BOX 149091,
AUSTIN, TEXAS 78714-9091, FAX #512-475-1771. THIS NOTICE OF
COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME
A PART OR CONDITION OF THIS POLICY.
u
(THIS PAGE LEFT BLANK INTENTIONALLY)
CERTIFICATE OF INSURANCE
-20-
(THIS PAGE LEFT BLANK INTENTIONALLY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND,
'
Fields-Stewart-Dolliver
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 1111
San Angelo, Texas 76902
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER Travelers
COMPALETTERScottsdale
INSURED
COMPANY
LETTER C Guaranty National
Bob Schillinger dba
Roberts Construction Co.
COMPANY D
LETTER Landmark American
-
P.O. Box 60086
San Angelo, Texas 76906
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO 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 CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMlDO/1'Y)
POLICY EXPIRATION
DATE (MMlDDfYY)
LIABILITY LIMITS IN THOUSANDS
EACH
OCCURRENCE
AGGREGATE
B
GENERAL
LIABILITY
COMPREHENSIVE FORM
GLS388462
5-31-91
5-31-92
BODILY
INJURY
W 4
$
X
X
PROPERTY
DAMAGE
$
$
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
X
X
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
BI a PD
COMBINED
$ 1 OOO
> >
$ 1 OOO
> f
X
X
INDEPENDENT CONTRACTORS
X
BROAD FORM PROPERTY DAMAGE
X
PERSONAL INJURY
PERSONAL INJURY
$
AUTOMOBILE
LIABILITY
ANY AUTO /
BODILY
INJURY
(PER PERSON)
$
D
ALL OWNED AUTOS (PRIV. PASS)
ALL OWNED AUTOS (OTHER THAN)
PRIV. PASS.
TBA2004957
5-31-91
5-31-92
X
AIRY
(PER ACCIDENT)
$
X
X
PROPERTY
DAMAGE
$
HIRED AUTOS
NON -OWNED AUTOS
X
"
GARAGE LIABILITY
BI B PD
COMBINED
$ 1,000,
g
EXCESS LIABILITY
C
X UMBRELLA FORM
TBD
5-31-91
5-31-92
COMBINED
$ 11000,
$ 1,000,
OTHER THAN UMBRELLA FORM
A
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
TBD
5-31-91
5-31-92
STATUTORY
$ 500, (EACH ACCIDENT)
$ 500 , (DISEASE -POLICY LIMIT)
$ 500 , (DISEASE -EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
City of Lubbock is shown as additional insured.
(THIS PAGE LEFT BLANK INTENTIONALLY)
92fdo F;_ 'ai -""TISSUE DATE (MM/DDNY)
5-31-91/pd
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
Fields-Stewart-Dolliver EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 1111
San Angelo, Texas 76902 COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER Scottsdale
COMPANY n
LETTER 50
INSURED
COMPANY C
LETTER
City of Lubbock
COMPANY
LETTER
COMPANY
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO 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 CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTR
TYPE OF INSURANCE
POLICY NUMBER
DATE (MM/DDAY)
DATE (MM/DD/(Y)
EACH
OCCURRENCE
AGGREGATE
GENERAL LIABILITY
BODILY
COMPREHENSIVE FORM
INJURY
$
$
PROPERTY
PHEMISESIOPERATIONS
UNDERGROUND
DAMAGE
$
$
FXPI OSION R ml LAPSF HAZARD
A
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
Owners Contractors
GLS388463
5-31-91
5-31-92
BI 8 PD
COMBINED
$ 500,
$ 500,
PERSONAL INJURY
$
X
AUTOMOBILE
LIABILITY Prote
ANY AUTO /
ALL OWNED AUTOS (PRIV. PASS)
(OTHER THAN
ALL OWNED AUTOS l PRIV. PASS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
tive
BODILY
NJURY
IPER PERSONI
$
BODILY
INJURY
PERR ACLDENT
$
PROPERTY
DAMAGE
$
BI 8 PD
COMBINED
$
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
BI & PD
COMBINED
$
$
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY
$ (EACH ACCIDENT)
$ (DISEASEPOLICYLIMIT)
$ (DISEASE -EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
Roberts Construction Co. is shown as designated contractor
Bob Schillinger dba
Roberts Construction Co.
P.O. Box 60086
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF AW40ND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
ITHORI7,. REPRE$ENTATIV,6- 'ielaS tewart-DoiiiveT
�ppu -^ "'�'$ .-`��' , z511Cn x$^:t (ii ?ci saa•-;�¢ �",�?gc �i^+FF3P.,��:a+ ,¢a+ '.g+ly qv,-,' s w...>a ...8 ,..
(THIS PAGE LEFT BLANK INTENTIONALLY)
CONTRACT
-22-
(THIS PAGE LEFT BLANK INTENTIONALLY)
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 23rd day of May. 1991, by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and ROBERTS CONSTRUCTION CO. of the City of SAN ANGELO, County of TOM GREEN and
the State of TEXAS, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
_ performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol-
lows:
BID #11285 - WATER SYSTEM UPGRADE-OVERTON ADDITION PROJECT IN THE AMOUNT OF $236,951.83
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 executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
ATTEST:
Sec etary
APPROVED AS � CONT T:
APPROVED AS TO FORM:
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER)
By;iR/
MAYOR
ROBERTS CONSTRUCTION COMPANY
CONTRACTOR
TITLE: eLLwtj
COMPLETE ADDRESS:
P.O. BOX 60086
SAN ANGELO, TX 76906
-23-
(THIS PAGE LEFT BLANK INTENTIONALLY)
GENERAL CONDITIONS OF THE AGREEMENT
-24-
(THIS PAGE LEFT BLANK INTENTIONALLY)
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, 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: ROBERTS CONSTRUCTION
COMPANY, who has agreed to perform the work embraced in this contract, or to his or their legal
representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood
as referring to WILFORD WATSON, CHIEF ENGINEER, City of Lubbock, under whose supervision these contract
documents, including the plans and specifications, were prepared, and who will inspect constructions; or to
such other representative, supervisor, or inspector as may be authorized by said Owner to act in any par-
ticular 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 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.
Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the
fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
character of the work.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor
for performance of work on the project contemplated by these contract documents. owner shall have no
re-sponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
-25-
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments
due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent
certified mail to the last business address known to him who gives the notice.
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 docu-
ments. 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.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu-
ments 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 docu-
ments. He will not be required to make exhaustive or continuous on -site 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 docu-
ments, 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 on -site 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.
-26-
13. LINES AND GRADES
All lines and grades shall be furnished by the owner's Representative whenever necessary for the commence-
ment 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 Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative 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 Representa-
tive at Contractor's expense.
-- 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 Representative'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 direc-
tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there-
from 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 rela-
tive 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 Con-
tractor 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
o engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's
Representative for his decision.
-27-
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and
shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all
satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by
competent and reasonable representatives of the Contractor is essential to the proper performance of the
work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Con-
tractor 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 na-
ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate-
rials 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 dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish 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 ob-
servation, 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.
-28-
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 obser-
vation 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 am-
ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep-
resentative may reject any work found to be defective or not in accordance with the contract documents, re-
gardless 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 Repre-
sentative, 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 Representa-
tive to make observations of such work or require testing of said work, then in such event Owner or Owner's
Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection,
testing or approval made by persons competent to perform such tasks at the location where that part of the
work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed
by the American Society for Testing and Materials or such other applicable organization as may be required
by law or the contract documents.
If any 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 Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, 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 un-
suitable 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 re-
build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur-
ther 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 in-
crease 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
-29-
case the Owner shall make such changes or alterations as shall make useless any work already done or mate-
rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the owner or Owner's Representative to be done by the Contractor to accomplish any change, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa-
tive 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 com-
menced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this para-
graph 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 mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin-
ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of
Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical,
the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work
order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and com-
pensate him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments 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 Repre-
sentative 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 in-
sists 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 arbi-
tration as herein below provided.
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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 re-
quest 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 speci-
fied, 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.
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, indem-
nify 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 sus-
tained 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 subcon-
tractor 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 pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized to transact business in the state of Texas and shall cover all operations in connection with this
contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided
covering the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage 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)
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.
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, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -
owned 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 poten-
tial loss) naming the City of Lubbock as insured.
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E. Excess or Umbrella Liability Insurance
~- The Contractor shall have Excess or Umbrella Liability Insurance in the amount of
($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages.
The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at least $100,000 limit.
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 in-
sured 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) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. 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
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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.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee 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 speci-
fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm-
less from any loss on account thereof. If the material or process specified or required by Owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
Owner of such infringement.
31. LAYS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor or his employees. If the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in-
sofar 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.
32. 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.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract of work to be done hereunder are essential
conditions of this contract; and it is further mutually understood and agreed that the work embraced in this
contract shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $100.00 (ONE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages
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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 com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this Local-
ity.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica-
biLity and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain, 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.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor 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 contact, 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 mariner 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 sev-
eral parts.
35. 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,
walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension 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 re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. 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.
36. 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 in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
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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.
37. 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 of-
fered 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.
38. 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 perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. 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.
40. 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 de-
fective 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 con-
tract. 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.
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41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica-
tion 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 par-
tial 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 ma-
terials 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 per-
centage due Contractor.
42. 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 in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance 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.
43. 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 be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; 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 condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. 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 Con-
tractor 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.
45. 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
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date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de-
fects with reasonable promptness.
46. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner,
which will protect the owner in the amount withheld, payment shall be made for amounts withheld because of
them.
47. 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 other-
wise in the contract documents.
48. 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 se-
lect 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 de-
cision 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 ei-
ther 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 ar-
biters, 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.
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The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, 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 ar-
biters 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 writ-
ing and shall not be open to objection on account of the form of proceedings or award.
49. 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 or-
ders 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.
r 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 sup-
plies 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 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 com-
pleted 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 newspa-
per 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 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.
-39-
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 machin-
ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply
with said terms 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 incorpo-
rated 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 Con-
tractor 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 Con-
tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative
shall then make a final statement of the balance due the Contractor by deducting from the above estimate all
previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this
Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
51. BONDS
The 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 statu-
tory 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. Arai it is fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
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53. LOSSES FROM NATURAL CAUSES
'— Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
work, shall be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au-
thority 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 ob-
serve Contractor's work during his performance and to carry out the other prerogatives which are expressly
reserved to and vested in the owner or Owner's Representative hereunder, is not intended to and shall not at
any time change or effect the status of the Contractor as an independent contractor with respect to either
the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or
corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises 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.
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CURRENT WAGE DETERMINATIONS
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Resolution #2502
January 8, 1987
Agenda Item #18
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
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
— and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January 1987.
B.C. McMINN, MAYOR
l v
Ranett6,,Boyd, City Secretary
APPROVED Ag TO ONTENT: APPROVED AS TO FORM:
Bi 1 P yne, D rector of Building �GVandi4Idver, First
Services 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 -Helper
Iron Worker
Laborer, General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder - Certified
Hourlv 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
Craft
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
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
j
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourlv Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.l 1/2 times base rate.
SPECIFICATIONS
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CITY OF LUBBOCK SPECIFICATIONS
WATER DISTRIBUTION MATERIALS
QUALIFICATION FOR POTABLE WATER SERVICE
The compounds used to make water pipe, couplings, and jointing materials
shall be tested and certified as suitable for potable - water products
by the NSF Testing Laboratory, or any other similarly accredited testing
agency acceptable to the owner, in accordance with requirements that are
no less restrictive than the applicable requirements specified in Sec.
3, 4 of the NSF standard No. 14.
WATER PIPE
Ductile Iron
Ductile iron pipe to be furnished shall conform to the following
standard specifications or latest revision:
ANSI/AWWA C150/A21.50-81
ANSI/AWWA C104/A21.4-80
ANSI/AWWA C151/A21.51-81
All ductile iron pipe shall be cement lined in accordance with
AWWA C104-80 (ANSI A21.4) specifications. The external surface
shall be coated with an asphalt base paint.
All joints for ductile iron pipe shall be of the rubber gasket
bell and spigot type, except where connecting flanged fittings,
and shall otherwise conform to the base specifications to which
the pipe is manufactured. The joint shall be the latest approved
type of rubber gasket joint for ductile iron pipe. All joints of
ductile iron pipe and fittings shall be sealed with a continuous
ring rubber gasket meeting standards specified by AWWA Clll-72
(ANSI A21.11) or its latest revision.
PVC Pipe
Polyvinyl chloride (PVC) pipe shall be manufactured
with AWWA C-900 specification and shall be pressure
Pipe shall be furnished with bell and spigot joint
gasket joint conforming to the above specification.
shall be beveled and reference marked to facilitate
insure proper seating depth.
in accordance
class 150 PSI.
with rubber
Spigot ends
joining and
Page 1
Concrete Cvlinder PiDe
Prestressed Concrete Embedded Cylinder Pipe (PCECP) shall be
manufactured in accordance with the latest revision of AWWA C-301.
Pretensioned Concrete Cylinder Pipe (PCCP) shall be manufactured
in accordance with the latest revision of AWWA C303-78.
Concrete Cylinder Pipe shall withstand a minimum pressure of 150
p.s.i. longitudinally and helically.
The joints of the pretensioned concrete cylinder pipe and fittings
shall be sealed with a continuous ring rubber gasket meeting
standards specified in AWWA C303-78.
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. The width of the diaper shall
be nine (9) inches. The band shall be provided with 3/8 inch x
0.20 steel straps on each side.
CAST IRON FITTINGS
Fittings shall be mechanical joint or rubber gasket AWWA Class D bell
with transition gasket for the type pipe used. Flanged fittings, where
required, shall be 125 pound American Standard. All fittings shall be
lined with cement or coal tar and coated with an asphaltic paint.
Fittings shall conform to AWWA C104, AWWA C110 and AWWA C111 latest
revision.
VALVES
Gate Valves (Double Disc)
Gate valves 12" and smaller shall be double disc, parallel seat,
iron body, bronze mounted throughout. Valves 12" and smaller
shall be flanged or mechanical joint as shown on the plans. All
valves on side outlets may be combination flange and mechanical
joint. The valves shall have non -rising stems, shall open by
turning to the left (counter -clockwise) and shall be furnished
with a 2" operating nut. Valves shall comply with the latest
revision of AWWA C-500 standards. Valves shall be Mueller, M & H,
Darling or Clow.
Page 2
All parts for valves furnished must be standard and completely
interchangeable with valves of the same brand. The successful
bidder may be required to furnish the owner with a letter stating
what type of valve he proposes to use and a letter from the
manufacturer stating the parts are standard and interchangeable as
herein specified.
Gate Valves (Resilient Seat)
Gate valves 12" and smaller shall be cast or ductile iron with
resilient seats. Valves 12" and smaller shall be flanged or
mechanical joint as shown on the plans. All valves on side
outlets may be combination flange and mechanical joint. The
valves shall have non -rising stems, shall open by turning to the
left (counter -clockwise) and shall be furnished with a 2"
operating nut. Valves shall comply with the latest revision of
AWWA C-509 standards. Valves shall be Mueller, M & H, Darling or
Clow.
All parts for valves furnished must be standard and completely
interchangeable with valves of the same 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 interchangeable as
herein specified.
Fabricated Cast Iron Taoaina Sleeve for Use on 4" throu4h 12"
General: The manufacturer of the tapping sleeve shall be experienced in
their design and construction and shall have given successful service
for a period of at least five (5) years.
Service: The tapping sleeves will be installed on the following types
of pipe (1) Cast Iron (2) Ductile Iron (3) Asbestos Cement (4) C-900
PVC. The operating pressure for all four types of water pipe is 150
psi.
Material: The tapping sleeves shall be cast iron, mechanical joint and
conform to the latest revision of A.S.T.M. Standard Designations. The
tapping sleeve shall withstand a working pressure of 200 psi.
Gaskets: The gaskets shall be duck tipped and shall be totally
resistant to cold flow and creep.
VALVE BOXES, FRAME AND COVER
All valve boxes for butterfly valves and gate valves larger than 12"
shall be poured concrete or precast construction. The valve boxes shall
be constructed with the dimensions as called for on the plans. The
valve box cover opening shall be centered over operating nut.
Page 3
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. The cover shall be
marked "City of Lubbock Water", and shall be type No. 40-5 as
manufactured by Western Iron Works or approved equal.
Valve boxes for 12-inch or smaller valve shall be of cast iron. The
boxes shall be designed to fit over a section of 6" clay tile pipe which
will be used 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. The cover shall be type No. 70 as
manufactured by Western Iron Works or approved equal.
Page 4
MEASUREMENT AND PAYMENT
1. GENERAL
The unit price bid on each item, as stated in the proposal, shall
include furnishing all labor, superintendence, machinery, equipment
and materials, except materials specifically specified to be
furnished by other, necessary or incidental to complete the various
items of work in accordance with the plans and specifications. Cost
of work or material shown on the plans or called for in the
specifications and on which no separate payment is made shall be
included in the bid prices on the various pay items.
2. PIPE LINES
The length of pipe lines of the various sizes and types to be paid
for will be determined by measurement along the center line of the
pipe installed, measurement being made from center of fitting to
-- center of fitting without any deduction for the length of
intermediate fittings or valves.
Furnishing and installing pipe of the type and class as called for
in these specifications as shown on the plans and as the various
depths of cut as required will be paid for as the unit price per
linear foot for furnishing and installing the pipe complete in
place. The unit price bid shall be complete compensation, including
all materials, excavation, gravel embedment, fittings, grading,
backfilling, and any and all incidental work in connection with the
pipe lines not otherwise included in the bid items or otherwise
provided for in the specifications.
3. VALVES AND BOXES
Furnishing and installing valves at the various locations shown on
— the plans or as required will be paid for at the unit price bid each
for furnishing and installing the various size valves, complete in
place. The unit price bid shall be complete compensation for
furnishing and installing the valve complete in place and shall
include furnishing and installing the valve boxes and length of clay
tile for all 12" and smaller valves.
4. FITTINGS
The fittings or specials required in construction of the various
sizes of pipe lines and those specials required to tie into existing
lines as shown on the plans will be included in the unit price bid
per linear foot for furnishing and installing approved pipe.
Page 1
5. TAPPING SLEEVES AND VALVES
Furnishing and installing the tapping sleeves and tapping valves at
the various locations shown on the plans will be paid for at the
unit price bid each and shall be complete compensation for
furnishing and installing complete in place, including length of
clay tile for all 12" and smaller tapping valves.
6. COUPLINGS
Furnishing and installing couplings shall be paid for at the unit
price bid complete in place and shall include all incidentals
necessary for the complete installation.
7. CLASS °B° CONCRETE
The furnishing and installing of Class "B" concrete shall be
subsidiary to the various items for which it is necessary, and the
cost will be included in the unit price bid for the particular item.
No separate payment will be allowed for concrete blocking or
cradling.
8. REMOVING PAVEMENT
No separate payment will be made for cutting and removing concrete
or asphalt surfacing and caliche base; the cost of this work shall
be included as part of the cost of excavation for the pipe lines.
9. WET TIE-IN
A. Measurement
Installing a wet tie-in at locations shown on the plans or as
required will be paid at the unit price bid and shall include
excavation, labor and equipment and incidentals necessary.
Payment shall be compensation for furnishing the wet tie-in
complete in place.
10. FINAL CLEANUP
The contractor shall make a final cleanup of all parts of the work
before final acceptance by the City.
The cost of the cleanup shall be included as a part of the cost of
the various items of work involved and no direct compensation will
be made for this work.
Page 2
DETAILS OF CONSTRUCTION
M_ 1. GENERAL
These general and detailed specifications govern the excavation,
trenching, backfilling, handling and installation of various kinds
of pipe, construction of manholes, installing fittings, valves, air
valves and other work required for the construction of the water
distribution mains and accessories all as shown on the plans and as
called for herein. The Contractor shall furnish all material,
equipment, labor and superintendence necessary to complete the
construction of all the work as shown on the plans and as called for
in these specifications.
Surface Preparation
-- One or more acceptable types of pipe may be used. As such, the
Contractor shall have the option of installing any of the acceptable
types, provided only one type is used throughout any single size
designation or run of pipe.
WITHIN EASEMENTS, CULTIVATED OR AGRICULTURAL AREAS
All vegetation, such as brush, sod, heavy growth or grass or weeds,
decayed vegetable matter, rubbish and other unsuitable material
within the area of excavation and trench side storage shall be
stripped and disposed of..
Topsoil shall be removed from the area to be excavated and
stockpiled, or, the Contractor may elect to import topsoil to
replace that lost during excavation. Topsoil shall be removed to a
depth of 8 inches or the full depth of the topsoil, whichever is
less.
WITHIN UNPAVED ROADWAY AREA
The Contractor shall strip that cover material from graveled
roadways or other developed, but unpaved traffic surfaces to the
full depth of the existing surfacing. The surfacing shall be
stockpiled to the extent that it is acceptable for restoration
purposes.
WITHIN PAVED AREA
The removal of pavement, sidewalks, driveways or curb and gutter
shall be performed in a neat and workmanlike manner. The width of
the cut shall exceed the width of the trench at the subgrade by at
least 12 inches on each side of the trench.
Concrete pavement, sidewalks, driveways or curb and gutter shall be
cut with a power saw to a depth of 2 inches prior to breaking. The
Page 1
concrete shall be cut vertically in straight lines and avoiding
acute angles.
Any overbreak, separation or other damage to the existing bitumen or
concrete outside the designated cut lines shall be replaced at the
Contractor's expense. Excavated paving materials shall be removed
from the jobsite and shall not be used as fill or backfill.
Crossings under sidewalks, curbs and gutters or other utility lines
may be made by tunneling only if approved by the City Inspector.
Barricades and Safetv Measures
The Contractor shall, at his own expense, furnish and erect such
barricades, fences, lights, and danger signals, and shall take such
other precautionary measures for the protection of persons, property and
the works as may be necessary. All safety measures shall meet the
requirements of The Manual on Uniform Traffic Control Devices.
The Contractor wills be held responsible for all damage to the work due
to failure of barricades, signs, and lights to protect it, and when
damage is incurred, the damaged portion shall be immediately removed and
replaced by Contractor at his own cost and expense. The Contractor's
responsibility for maintenance of barricades, signs, and lights shall
not cease until the days of issuance to Contractor of City's certificate
of acceptance of the project.
Rules and regulations of local, state and Federal authorities regarding
safety provisions shall be observed.
OSHA's regulations for excavations, trenching, and shoring shall be
included in the Special Specifications.
Protection of Existing Underground Utilities:
The Contractor shall proceed with caution in the excavation and
preparation of the trench so that the exact location of underground
structures, both known and unknown, may be determined. If required, the
Contractor shall excavate and locate existing underground utilities
ahead of trench excavation in order that necessity for grade changes may
be ascertained in advance. The Contractor shall be held responsible for
the repair of such structures when broken or otherwise damaged because
of carelessness on his part. Hand excavation shall be used where
necessary. The Contractor shall notify local utilities whenever working
near gas mains or services or near electrical or telephone cables or
when the presence of these utilities is suspected in the area of
construction.
Excavation and Trenching
In order to obtain a true, even grade, the trench shall be fine -graded.
The material for fine grading shall be free of rocks, roots, grass or
any other debris. The depth of the fine grading material shall not
exceed three (3) inches. Where the trench is excavated in excess of
Page 2
three (3) inches below grade, the material shall be compacted to 95%
Proctor Density or shall be replaced with bedding material. If the
-- material being excavated is rock or other unyielding material, it shall
be removed to a depth of three (3) inches below grade and replaced with
bedding material to grade. The grade shall be such that the pipe will
rest firmly on the bedding material throughout the entire length of the
pipe cylinder.
The minimum width of the trench shall be the outside diameter of the
pipe plus twelve (12) inches and the maximum width shall be the outside
diameter of the pipe plus eighteen (18) inches. The trench shall be cut
so that the maximum horizontal offset of the trench walls from the
bottom to the top of the trench (undercutting) shall be six (6) inches.
Bell holes of ample dimensions shall be dug at each joint to permit the
proper jointing of the pipe and to permit the bottom of the pipe to rest
firmly on the bottom of the trench throughout the entire length of the
pipe cylinder.
Trench digging machinery may be used to make the trench excavation
except in places where its operation would cause damage to trees,
buildings, telegraph lines or other existing structures either above or
below ground, in such instances hand methods shall be employed to
excavate the trench at no additional cost to the owner.
Where necessary to prevent caving, the trench shall be adequately braced
-- and shored. The unit price bid per linear foot of pipe shall include
the cost of furnishing, installing, and removing the bracing and
shoring.
The Contractor shall take all necessary precautions for protecting paved
streets and drives from being damaged by the trenching and backfilling
equipment.
All excavated material shall be placed in a manner that will not
endanger the work or damage existing structures.
There will be no classification of the excavated materials and the term
excavation shall include all materials encountered in excavating the
trench.
Pipe Installation
General: All pipe and accessories shall be handled, laid, jointed,
tested for defects and leakage and chlorinated in the manner herein
specified.
Inspection: The pipe, fittings, valves, and accessories shall be
inspected upon delivery and during the progress of the work and any
material found to be defective will be rejected by the engineer and the
contractor shall remove and replace such defective material.
Responsibility for Materials: The Contractor shall be responsible for
all material furnished by him and he shall replace at his own expense
Page 3
all such material that is found to be defective in manufacture or has
become damaged in handling after delivery.
Handling Pipe and Accessories: All pipe, fittings, valves, and other
accessories shall, unless otherwise directed, be unloaded at the point
of delivery, hauled to and distributed at the site of the work by the
Contractor. In loading and unloading they shall be lifted by hoists or
slid or rolled on skidways in such a manner as to avoid shock or damage
to the materials. Under no circumstances shall they be dropped. Pipe
handled on skids shall not be skidded or rolled against pipe already on
the ground.
In distributing the material at the site of the work, each piece shall
be unloaded opposite or near the place where it is to be laid in the
trench. Coated and wrapped pipe shall be handled in such manner that a
minimum amount of damage to the coating will result. Damaged coating
shall be repaired in a manner satisfactory to the Engineer.
Pipe shall be placed on the site of the work parallel with the trench
alignment and pipe with bell ends shall be placed with the bell ends
facing in the direction in which the work will proceed. The pipe,
fittings, and accessories shall be placed along the site in such a
manner as to be kept as free as possible from dirt, sand, mud, and other
foreign matter.
Pipe Laving:
Alignment and Grade: All pipe shall be laid to the alignment as
established on the ground by the Engineer. Where grade is being
maintained, as shown on the plans, the use of batter board or laser beam
will be required to fine grade the trench.
Whenever it is necessary to deflect pipe from a straight line either in
a vertical or horizontal plane to avoid obstructions, to plumb valves or
where vertical or horizontal curves are shown or permitted, the degree
of deflection recommended by the manufacturer of the particular kind of
pipe being laid and the degree of deflection shall be approved by the
Engineer.
Field cuts on concrete pipe shall be made at all points where, in the
opinion of the Engineer, it is necessary to preserve alignment or proper
stationing for field connections. Proper care shall be taken to
preserve the interior and exterior linings. After the spiral winding
has been exposed, the winding shall be tack welded before being cut. In
cutting the spiral winding sufficient length shall be allowed to permit
a later winding of at least one-half turn on the bell or spigot ring.
Where steel cylinder pipe is cut, the work shall be done in such a way
as to allow a snug fit with the bell or spigot ring. A continuous weld
shall be run on both the inside and the outside of the ring. The free
end of the spiral shall then be wrapped around the ring and its end
shall be welded to the ring by running a weld along each side of the rod
for a distance of at least six inches. The entire cutting operation
shall be done under the direction of a representative of the pipe
manufacturer.
Page 4
Whenever the deflection in a joint exceeds the maximum deflection
recommended by the manufacturer, the Engineer may require that the joint
be welded. Joints on pipe installed in encasement pipe shall be tack
welded or completely welded.
Manner of Handling Pipe and Accessories into Trench: After the trench
grade has been completed, all bell holes dug and the grade inspected,
the pipes and accessories may be placed in the trench. All pipe,
fittings, and valves shall be carefully lowered into the trench piece by
— piece by means of derricks, ropes, or other suitable tools or equipment,
in such a manner as to prevent damage to the material in any way. Under
no circumstance shall pipe or accessories be dropped or dumped into the
trench.
Cleaning and Inspection: Before lowering into the trench, the pipe
shall be again inspected for defects and cast iron pipe while suspended
-- shall be lightly hammered to detect cracks. Any defective, damaged, or
unsound pipe or other incidental materials shall be rejected.
All foreign matter or dirt shall be removed from the inside of the pipe,
bells, spigots, or parts of the pipe used in forming the joint before
the pipe is lowered into the trench; and it shall be kept clean by
approved means during and after laying. The open end of the pipe in the
trench shall be plugged when pipe is not being laid.
Laving and Jointing Concrete Pressure Pipe: Just before making the
joint, the gasket and the inside surface of the bell shall be lubricated
with film of soft vegetable soap compound (flax soap) to facilitate
telescoping the joint. The rubber gasket shall be stretched uniformly
as it is placed in the spigot groove to insure a uniform volume of
rubber around the circumference of the groove.
Metal spacers of proper thickness shall be held on the inside shoulder
of the bell to provide the proper space between abutting ends of 21 inch
and larger pipe. The joint shall be telescoped by pulling directly
along the center line of the pipe so that the spigot enters squarely
into the bell. After the spigot has been telescoped into the bell, the
bell end of the pipe being laid shall be moved in accordance with the
plans to secure proper grade and alignment. After the joint is in
place, a thin metal feeler gauge shall be used to check the position of
the rubber gasket around the circumference of the joint.
After the spigot has been telescoped into the bell, the joint checked
-- and found satisfactory, a burlap wrapper shall be placed around the pipe
covering the joint. The burlap -type wrapper shall be hemmed at each
edge to allow threading with a steel strap to securely fasten the
wrapper around the pipe by means of a stretcher and sealer. The length
shall be that required to encircle the pipe, leaving enough space
between the ends at the top to allow the cement mortar to be poured. The
entire joint shall be poured with cement mortar and rodded or agitated
to eliminate voids and settlement. Any joint showing shrinkage or
excessive cracking shall be cleaned and remade. In hot weather,
additional measure may be required to obtain the best quality of joint,
Page 5
such as additional wet burlap, curing membrane, or immediate careful and
well -controlled backfilling of the joint with damp earth.
Where size permits, the inside joint recess shall be filled from the
inside with mortar and finished off smooth with the inside of the pipe
by hand troweling after the pipe has been backfilled. The inside joint
recess on pipe smaller in diameter shall be filled by buttering the bell
end with mortar immediately prior to placing the pipe together. After
the joint is engaged, the interior of the smaller diameter pipe shall be
swabbed to smooth and clean the joints.
At times when pipe laying is not in progress, the open ends of pipe
shall be closed by approved means, and no trench water shall be
permitted to enter the pipe.
Laving and Jointing Ductile Iron Pipe: The gasket seat in the socket,
the rubber gasket and the plain end of the pipe to be laid should be
wiped clean. After placing a length of pipe in the trench, the plain
end of the pipe should be then aligned and started into the socket so
that it is in contact with the gasket. Sufficient force then must be
exerted on the entering pipe so that the plain end is moved past the
gasket and makes contact with the base of the socket. The joint may be
deflected but never to exceed manufacturer's recommendations.
Unless otherwise directed, pipe shall be laid with bells facing in the
direction of laying; and for lines on appreciable slopes, bells shall,
at the discretion of the Engineer, face up grade.
Cutting of pipe for inserting valves, fittings or closure pieces shall
be done in a neat workmanlike manner without damage to the pipe or the
cement lining.
The jointing shall be completed for all pipe laid each day, in order not
to leave open joints in the trench over night. At the times when pipe
laying is not is progress, the open ends of pipe shall be closed by
approved means, and no trench water shall be permitted to enter the
pipe.
No pipe shall be laid in water, or when the trench conditions or weather
is unsuitable for such work, except by permission of the Engineer.
Laving and Jointing PVC Pipe: The trench bottom should be constructed
to provide firm, stable, and uniform support for the full length of the
pipe. Bell holes should be provided at each joint to permit proper
joint assembly and pipe support. Any part of the trench bottom
excavated below grade should be backfilled to grade and should be
compacted as required to provide firm pipe support. When an unstable
condition is encountered which will provide inadequate pipe support,
additional trench depth should be excavated to a depth not less than
three inches (3") below the pipe subgrade over the entire width of the
trench and shall be replaced with granular material conforming to
specifications for gravel for pipe embedment as stated herein. Such
material shall be thoroughly compacted over the entire trench width to
the grade established for the bottom of the pipe. Ledge rock, boulders,
Page 6
and large stones should be removed to provide four (4) inches of pipe
cushion.
Proper implements, tools, and equipment should be used for placement of
the pipe in the trench to prevent damage. Under no circumstances should
the pipe or accessories be dropped into the trench. All foreign matter
or dirt should be removed from the pipe interior. Pipe joints should be
assembled with care to the depth recommended by the manufacturer.
Backfilling
All trenches and bell holes for all types of pipe, valves, and fittings
regardless of the location shall be backfilled with selected backfill
material free from rocks, boulders, or other unsuitable material. The
backfill material shall be thoroughly compacted with mechanical or hand
tamps to midpoint of the pipe.
The backfill to a point twelve (12) inches above the pipe shall be
placed by hand and shall be carefully selected material free of rocks,
boulders, clods, organic material, or other debris and lightly compacted
prior to placing remaining backfill. The balance of the backfill may be
placed in the ditch by hand or by mechanical equipment. No backfill
material shall be dropped directly on exposed pipe.
The backfill shall be consolidated by forcing water into the backfill at
two (2) feet above the level of compacted material until the water level
rises to within eighteen (18) inches of the natural ground surface.
Care shall be taken not to flood the ditch or saturate the pipe
embedment. The water shall be forced into the backfill at location not
more than ten (10) feet apart.
Maintenance of Backfilled Trench: After the trench has been backfilled
in the above method, the right-of-way shall be cleared of all rocks
larger than one and one-half (1-112) inches in diameter and leveled so
that the surface will have the same slope and appearance as it possessed
before the Contractor began work. All surplus material shall be loaded
and wasted at the Contractor's expense, at a location approved by the
Engineer.
The above shall include all excavated materials and all rocks or hard
lumps which still remain after blading the area back to the original
ground grade. Furrows which tend to gather after blading shall be
removed, together with excavated material which has drifted or otherwise
covered private property.
As the construction work progresses, the contractor will be required to
keep the jetting of the backfill and clean up just as close behind the
pipe laying and backfilling as possible.
Following the completion of the backfilling the Contractor shall
maintain the street and trench surfaces, in a satisfactory manner until
final completion and acceptance of the work. The maintenance to include
blading from time to time as necessary, filling depressions caused by
settlement, sprinkling to settle dust, brooming or flushing at the
Page 7
request of the Engineer and other work required to keep the streets and
roads in satisfactory condition for traffic. The Contractor shall
maintain and be responsible for all paving cuts until such time as City
Forces shall repair cuts with asphalt.
Setting Valves, Valve Boxes and Fittings
Valves and fittings shall be set at the locations shown on the plans or
at locations as established by the Engineer, and shall be joined to the
pipe in the manner heretofore specified for pipe installation. The
valves and fittings shall be adequately blocked for thrust with
concrete. Valves shall be set vertically and in concrete valve boxes.
Underground and Overhead Utilities and Structure
The approximate location of all known water mains, gas mains, storm
sewers, and sanitary sewers are shown on the plans. However, the
consumer service lines from these utilities are not known.
The Contractor will be required to locate all utility lines, including
customer service lines, far enough in advance of the trenching to make
proper provisions for protecting the lines and to allow for any
deviations that may be required from the established lines and grades.
The Contractor will not be allowed to disrupt the service on any utility
lines except customer service lines, which may be taken out of service
for short period of time provided the Contractor obtains permission from
the Engineer and from the owner of the premises being served by the
utility.
The Contractor shall immediately notify the proper utility company of
any damage to utility lines in order that service may be established
with the least possible delay. Any damage to existing lines and the
repair of customer lines which are authorized to be cut shall be at his
own expense, and as directed by an official representative of the
utility company involved.
All utility lines shall be properly supported to prevent settlement or
damage to the line both during and after construction. The cost of
supporting utility lines shall be included in the unit price bid per
foot of pipe.
Any permanent relocation of existing utility lines shall be done by the
proper utility company without expense to the Contractor.
Where pipes, conduits, or concrete curbs or gutters are encountered, the
cost of tunnelling shall be included as a part of the cost of the pipe
line.
Removing Pavement
General: Wherever it is necessary to make cuts in existing pavements,
sidewalks, driveways, or curbs and gutters, the cuts shall be made in
Page 8
such a manner as to cause the least possible damage to adjoining
surfaces.
Removal of Asphalt Paving: In removing asphalt pavement, the asphalt
surface shall be cut along each side of the trench ahead of the
trenching machine and the surfacing and base removed with the trenching
machine as the trench is excavated. The width of surface removed by the
Contractor is not to exceed the outside diameter of the pipe plus
thirty-six (36") inches. Any areas removed or damaged in excess of the
— above widths will be charged against the Contractor's estimate at the
estimated cost per square foot as determined by paving engineer for
payment to the City for replacing the excessive width. No separate
_ payment will be made for cutting and removing asphalt paving and caliche
base, the cost of this work shall be included as a part of the cost of
the pipe line complete in place.
Removal of Concrete Paving: Removal of any sidewalks, concrete
pavement, concrete base, concrete curbs and gutters (where allowed)
shall be made by cutting the concrete to a straight line on each side of
the trench and removing the concrete ahead of the trenching. Normally,
tunnelling will be required under curb and gutters. The width of
surface removed by the Contractor of concrete paving is not to exceed
the outside diameter of the pipe plus thirty-six (36") inches. Any
areas removed or damaged in excess of the above widths will be charged
against the Contractor's estimate at the estimated cost per square foot
as payment to the City for replacing the excessive width. Care shall be
taken to preserve any reinforcement encountered as well as possible.
Cutting of steel reinforcement will be allowed only at the approximate
center of the pavement cut. Payment for removal of concrete paving
shall be included in the unit price bid per foot of pipe installed.
Concrete Cradling and Blockin
Where concrete cradling is used, the concrete shall conform to the
concrete specifications.
Before placing the concrete, all loose earth shall be removed from the
trench. The concrete shall be placed in the trench by the use of chutes
extending to within three (3) feet of the bottom of the trench and shall
be deposited uniformly on each side of the pipe in such a manner as not
to disturb the grade and alignment of the pipe. The concrete shall be
of such consistency that is will flow without separation of the
aggregates.
At locations shown on the plans or as directed by the engineer, the
contractor will be required to cradle the pipe or block the fittings.
Anchorage of Bends and Plugs. Etc.
Concrete shall be used for blocking the pipe, plugs, and fittings and
shall conform to the concrete specifications.
The blocking shall be placed, as directed by the engineer, between solid
-- ground and the fitting to be anchored: the area of bearing on pipe and
Page 9
on the ground in each instance shall be that required by the engineer.
The blocking shall be so placed that the pipe and fitting joints will be
assessable for repair. The soil bearing value for thrust backing shall
be recommended by the pipe manufacturer, and in the absence of such
recommendation, the allowable bearing value shall not exceed 3000 lbs.
per square foot.
Hydrostatic Tests
Pressure During Test: After the pipe has been laid, the line shall be
subjected to a hydrostatic pressure test and leakage test. The lines
shall be tested at 100 p. s. i. pressure.
Duration of Pressure Test: The duration of each pressure test shall be
as directed by the engineer but shall not exceed four (4) hours.
Procedure: Each valved section of pipe shall be slowly filled with
water at the specified test pressure measured at the point of lowest
elevation. Pressure shall be applied and maintained by means of a pump
connected to the pipe in a satisfactory manner. The pump, pipe
connection, and all necessary apparatus except meters shall be furnished
by the contractor, and the contractor shall furnish all necessary labor
for connecting the pump, meter, and gages. The water for filling and
making tests on these mains may be obtained at a location designated by
the engineer. No charge will be made for water used for this purpose.
As the line is being filled and before applying the test pressure, all
air shall be expelled from the pipe. To accomplish this, taps shall be
made, if necessary, at points of highest elevation. After the test, the
taps shall be tightly plugged.
During the time the test pressure is on the pipe, the line shall be
carefully checked at regular intervals for breaks or leaks. Any joints
showing appreciable leaks shall be repaired and any cracked or defective
pipes or fittings shall be removed and replaced with sound material in
the manner provided and the test shall be repeated until satisfactory
results are obtained.
Leakage Test: After all defects have been satisfactorily repaired and
all visible leaks stopped, a leakage test shall be made on each valved
section of the lines to determine the quantity of water lost by leakage.
The contractor shall furnish all labor, material, and equipment (except
meters) required for making the test. The leakage shall be determined
by measuring the quantity of water supplied to each valved section of
the lines, during the test period, when the various sections of the
lines are under pressure. No pipe installation will be accepted until
or unless the leakage as determined by above test is less than the
amount set forth below.
Leakage in U. S. Gallons per 24 hours per 1000 feet of pipe per inch of
diameter of pipe lengths and pressures stipulated.
Page 10
Pressures Pipe Lengths in Feet
Lbs. Per Sq. Inch 12 13 16 18 20 32
100 15.5 14.5 11.6 10.3 9.7 5.8
If individual sections show leakage greater than the limits specified
above, the contractor shall at his own expense locate and repair the
defective joints until the leakage is within the specified allowance.
Sterilization of Pipe Lines
The contractor shall furnish all labor, equipment and material, except
chlorine, necessary for the chlorination of the new pipe lines which
shall be sterilized before being placed in service. The lines shall be
sterilized by the application of the chlorinating agent. The
chlorinating agent may be a liquid chlorine, liquid chlorine gas -water
mixture, or a calcium hypochlorite solution, which shall be fed into the
lines through a suitable solution -feed device, or other methods approved
by the engineer. The chlorinating agent shall be applied at or near the
point from which the line is being filled, and through a corporation
stop or other approved connection inserted in the horizontal axis of the
newly laid pipe. The water being used to fill the line shall be
controlled to flow into the section to be sterilized very slowly, and
the rate of application of the chlorinating agent shall be in such
proportion of water entering the pipe that the chlorine dose applied to
the water entering the line shall be at least 50 parts per million. The
treated water shall be retained in the pipe lines for a period of not
less than twenty-four (24) hours.
Samples shall be taken from the line and will be tested for
bacteriologic growth by the Texas Department of Health Laboratory.
Samples will be taken twice in a forty-eight (48) hour period not less
than twenty-four (24) hours apart.
The sampling riser shall be located at a location farthest from the
point of chlorination. The riser shall be above ground and equipped
with a faucet for control of flow during sampling.
Clean-ug
After the construction is completed and before final acceptance by the
City, the contractor shall remove all rubbish, excess materials from the
excavation and other debris from the site of the work and all trench
surfaces shall be bladed as heretofore specified. The cost of cleanup
shall be included in the bid price per foot of pipe installed.
Page 11
CITY OF LUBBOCK
SPECIFICATIONS FOR PAVING CUT
Specifications for placing water, sewer, telephone, gas, and oil lines
for any other conduit pipe or tile under any paving within the City
Limits of the City of Lubbock;
1. All excavations within the right-of-way and not under a surfacing
shall be backfilled by tamping the material in 6-inch horizontal
layers. All surplus materials shall be removed from the right-of-
way and the excavation finished flush with surrounding natural
ground.
2. Where sodding is disturbed by excavation or backfilling operations,
such areas shall be replaced by mulch sodding on all slopes of 2% or
less. All slopes over 2% shall be replaced by block sodding.
3. The City Engineer of Lubbock may grant permission to cut the
pavement. In the event a cut is permitted the following
requirements shall govern:
(a) All backfill material shall be moist and shall be free from
lumps or clods. Backfill shall be compacted while moist in
6-inch horizontal layers by means of a pneumatic tamper.
(b) A 6-inch reinforced concrete slab shall be placed over the
trench to extend one-half the width of the trench on each side
of the trench. The top of the slab shall be 1 1/2 inches below
the top of the paving. Slab shall be reinforced with 6" x 6" -
10/10 wire mesh placed 1-1/2" from the bottom of the slab.
Wire mesh shall be adequately held in place off of the ground
until concrete is placed. (High early) Type III portland
cement, making a 2500 p.s.i. concrete at 3 days. The slab -
shall be covered with wet soil, kept moist, and closed to
traffic for 48 hours.
(c) Paving shall be 1 1/2" compacted mat of Type "C" Hot Mix
Asphaltic Concrete Pavement (Class A) Texas Highway Department
specifications (1972) Item No. 340 with crushed stone.
(d) Operations shall be performed in such a manner that all
excavated material and equipment be kept off the paved surface
at all times.
(e) Barricades, warning signs, and flagman when necessary shall be
provided by the owner of the line or his duly authorized
contractor.
(f) Installation shall be made in accordance with the following
sketch: ---•-
.Surface to be replaced by City
Existing Pr't.
Neat Cut
�w/2 I w _I—_ w/2
Bock Compacted to
95 % Standard
Proctor Density.
u
O
O
io
Pipe
=�
12
1-1.5" Asphaltic Concrete.
6' Ccnc.
Concrete to be placed by
Contractor under City
supervision.
Scole r20
r
1,
PIPE ENCASEMENT
corrugated steel in
concrete grout
Support block ,
angles , or channels
as needed
Bore wall
Concrete grout
corrugated galvanized steel
. ;vr
�! BEND
WYE
M, JF-. all
�I
BLIND TEE
OFFSET
VERTICAL BEND
CLASS "B" CONCRETE
THRUST BLOCKING
14
I_n
1
i
TABLE P-2—TRENCH SHORING —MINIMUM REQUIREMENTS
Sire and spacing of membors
Uprights
Stringers
Cross brocas ; Width of trench
Maximum spacing
Depth of
Kind or condition of earth
trench
Minimum
Maximum
Minimum
ldaximum
Up to 3
3 to 6 fool
6 to 9 tool
9 to 12
12 10 15
Vonicol
Horizontal
dimension
spacing
dimension
spacing
fool
foul
lout
Feet
Inches
Feel
Inches
Feel
Inches
Inchon
IncKos
Inches
Inchas
Fool
Foot
Sto 10
Hard, compact ................ ...... I ...... .
3x4 or
2x6
6
............................................
2x6
4x4
4X6
6x6
axe
4
6
Likely to crack ...... ....._..................
3X4 or
2x6
3
4X6
4
2xe
4X4
4x6
"6x6
axe
4
6
Close
Sell• sandy or filled, __.__.......
3x4 or
2x6
sheeting
4x6
4
4x4
4x6
axe
axe
axe
4
6
Close
Hydrostatic pressure .....................
3x4 or
2x6
sheeting
axe
4
4x4
4x6
6x6
axe
axe
c 4
6
10 to 15
Hard ................................................
3x4 or
2x6
4
4x6
4
4x4
4X6
6x6
axe
axe
4
6
Likely to crack ...............................
3X4 or
`
2x6
2
4x6
4
4xi
4x6
axe
axe
axe
..................... 1
6
........ »...........
Closo
Soft, sandy or titled ......................
3X4 or
2x6
sheeting
4X3
4
4x6
8x6
axe
axe
exlo
4
6
Close
Hydrostatic pressure .....................
3x6
sheeting
exto
4
4x6
8X6
axe
axe
ex10
4
6
r
Close
1510 20
All kinds or conditions ..................
3X6
sheuting
4x12
4
4X12
axe
axe
ax10
10xio
4
6
Close
Dver20
All kinds or:onditions..................
3x6
sheeting
axe
4
4X12
axe
SX10
fox10
lox 12
4
8
•Trench jacks may be used in liou of, or in combination with. cross braces.
Shor.ng is not requacd in solid rock• hard snalo• or hard slag.
Where desirable, sicul Sheol piling and bracing of equal strength may be substituted for wood.
a
y
TRENCH JACKS IN
TRUE HORIZONTAL
POSITION AND SPACED
VERTICALLY
Uprights
AVOID DANGEROUS OVERHANGS?
ALL MATERIALS USED FOR SHORING SHALL BE IN GOOD CONDITION,FREE
OF DEFECTS AND OF AT LEAST MINIMUM SIZE SHOWN IN ACCOMPANING
CHART.
SHORING SHALL CLOSELY FOLLOW THE EXCAVATION.
16
Cleats
Stringers
ONE EXAMPLE OF
SEVERAL TYPES
OF SHEETING �_ Sheet Pilings
Uprights _
/ Braces
Spoil
Y
Trenching machine
TRENCH SHIELD
.
Trench shield --Tamper
1
17 .
(THIS PAGE LEFT BLANK INTENTIONALLY)
SPECIAL CONDITIONS
-44-
(THIS PAGE LEFT BLANK INTENTIONALLY)
Office of
Purchasing
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
BOB-767-2167
May 29, 1991
Roberts Construction Company
_ PO Box 60086
Attn: Mr. Robert Schillinger
San Angelo, TX 76906
SUBJECT: Water System Upgrade - Overton Addition
The City of Lubbock, having considered the proposals submitted and
opened on the 9th day of May, 1991, for work to be done and materials to
be furnished in and for:
City of Lubbock Bid # 11285
WATER SYSTEM UPGRADE - OVERTON ADDITION
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 May 23, 1991, at the bid price contained
therein, subject to the execution of and furnishing of 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 (5%) 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
-' Gene Eads, C.P.M.
Purchasing Manager
(THIS PAGE LEFT BLANK INTENTIONALLY)
TO: ROBERTS CONSTRUCTION COMPANY
P.O. BOX 60086
SAN ANGELO, TEXAS 76906
ORIGINAL AMOUNT OF CONTRACT
NEW AMOUNT THIS CHANGE ORDER
AMENDED AMOUNT OF CONTRACT
CHANGE ORDER NO. 1
OVERTON ADDITION WATER SYSTEM UPGRADE
BID NO. 11285
2121-553102-9644
$236,951.83
$ 3,060.54
$240,012.37
WHEREAS, is desirable to make changes in the plans and
specifications for this project;
THIS AGREEMENT WITNESSETH: In consideration of the mutual
advantages gained, the Owner and Contractor agree to the change shown
herein and in the attached exhibits and data and the Owner and the
Contractor agree that the ORIGINAL contract between them shall be
modified and amended to the extent herein indicated.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set
their hands this day of , 1991.
ROBERTS CONSTRUCTION COMPANY CITY OF LUBBOCK
OWNER
eft L. Schill'nger
Attest:
TOM GREEN COUNTY
STATE OF TEXAS
This instrument was acknowledged before
me on September 30, 1991, by Robert L.
Schillinger.
oFFICI SEAL
ROACH
i,�rE OF TEXAS
My (,C;,rni"ion Expires 3.26-19 92--
By '�O Ca { 5
Bob Cass
Deputy City Manager
Attest:
Ranett Boyd
City Secretary
RECOMMENDED FOR APPROVAL.:
Da A. Hawkins
Di ector of Water Utilities
CONTRACTOR'S AFFIDAVIT ON CLOSING JOB
STATE OF TEXAS
COUNTY OF LUBBOCK
Before me, a Notary Public in and for Lubbock County, Texas, on
this day personally appeared Robert Schillincrer who being by
me duly sworn, upon oath says:
I,
do represent to the City of -Lubbock and solemnly swear that I executed a
contract with the City of Lubbock, said contract being dated
May 23 1991 , for Water System Upgrade -Overton Additioa
under 2125-9644-553102 , and that the work and contract has been
completed according to the plans and specifications pertaining to the
project and that all labor, materials, supplies and other cost
including equipment, rental and hire, and all expense items incurred in
connection with said project have been paid in full; that all liens and
rights to fix liens against any part of said project or the moneys,
bonds, or warrants due the contractor, have been satisfied by payment to
the claimant, his authorized agent or attorney, and full release of all
recorded liens or claims have been secured by settlement and duly filed
of record with the County Clerk of Lubbock County.
I further represent and affirm that all Federal, State and
Municipal laws were substantially complied with by me in doing and
carrying out the job and project herein referred to and that I paid
applicable scale of wages, and this affidavit is made to secure payment
from the City of Lubbock to me of the full and final moneys due me under
this contract.
Witness my hand this 23rd day of September 1991
Attest:
Subscribed and sworn to before me
-------------
MARTHA POPE
Notary Public, State of Texas
My C.OMM16610" Expires April 2, 1992
this the day of
tary Public in arfid for7o m G-ee,,
County, Texas
MONTHLY ESTIMATE
CITY OF* LUBBOCK
Project: Overton Addition Water System Upgrade Project No. 2125-9644-553102
Contractor: Roberts Construction Co. Estimate No. 4 and final
Address: P.O. Box 60086 Contract$ 236,951.83
San Angelo, TX 76906
Estimate Period From September 1 , 19 91 to September 16 , 19 91
On First estimate and final estimate use actual work dates
ITEM
UNIT OF
MEASURE
PROJECT
EST, QUANTITIES
WORK DONE
ON CONTRACT
CONTRACT
PRICE
AMOUNT
" Approved Class150 pipe
L.F.
4594
4,91r,
18.35
$ 83,235.60
furnished and installed
including fittings, complete
in place, per linear foot;
2. 8" Approved Class 150 pipe
L.F.
2546
2,555.4
12.63
32 274.70
furnished and installed
including fittings, complete
in place, per linear foot;
3. 6" Ductile iron pipe furnishel
L.F.
115
1145
32.734-745.85
and installed including
fittings Complete in place,
per linear foot;
4. 4" Ductile iron pipe fur-
L.F.
215
969
20.00
5,360.00
nished and installed including
fittings, complete in place,
per linear foot;
5. 4" Gate valve and box, fur-
Each
14
13
208.00
2,704.00
nished and installed complet
in place, per each;
6. 6" Gate valve and box
Each
9
9
256.00
$ 2,304.00
furnished and installed
complete in lace, per each;
7. 12" Gate valve and box
Each
5
5
669.00
8 3.345.00
furnished and installed
complete in place, per each;
MONTHLY ESTIMATE
CITY OF' LUBBOCK
Project: 0verton Addition Water System Upgrade Project No. 2125-9644-553102
Contractor: — Roberts Construction Co. Estimate No.
and f inal
Address: P.O. Box 60086 Contract$ 236,951.83
San Angelo, TX 76906
Estimate Period From September 1 , 19 91 to September 16
on First estimate and final estimate use actual work dates
ITEM
UNIT OF
MEASURE
PROJECT
EST. QUANTITIES
WORK DONE
ON CONTRACT
CONTRACT
PRICE
AMOUNT
8. 14 x 8 inch tapping sleeve and
Each
2
2
2 8
tapping valve furnished and
installed, including wet tie-
in and valve box, complete in
place, per each;
9. 12 x 10 inch tappina sleeveEach
2,300.00
and tapping valve furnished
and installed including wet
tie-in and valve box com-
plete iri place, per each;
1. 1 x 8 inch tappinzEach
2
2
4,066-00
and tapping valve furnished
and installed including wet
tie-in and valve box com-
plete in place, per each;
11. 10 x 10 inch tapping sleeve
Each
1
1
$ 39087.00
and tapping valve furnished
and installed, including wet
tie-in and valve box, com-
p ete in place, per each;
12. 6 x 6 inch tapping sleeve and
Each
2
3
1.200.0(
$ 3,600.00
tapping valve furnished and
installed including wet tie-
in and valve box, complete
in place, per each;
13. 2 inch taps and corporations
Each
6
3
310.Oc
$ 930.00
for 4 inch cast iron furnishe
and installed, complete in
place, per each;
MONTHLY ESTIMATE
CITY OF' LUBBOCK
Project: Overton Addition Water System Upgrade Project No. 2125-9644-553102
Contractor: Roberts Construction Co.
Estimate No. 4 and final
Address: P.O. Box 60086 Contract $ 236,951.83
San Angelo, TX 76906
Estimate Period From September 1 1921 to September 16 r 19 _ 1
On First estimate and final estimate use actual work dates
ITEM
UNIT OF
MEASURE
PROJECT
EST. QUANTITIES
WORK DONE
ON CONTRACT
CONTRACT
PRICE
AMOUNT
14, rt rouplingg for iron
6
1
120.00
$ 360.00
furnished and com-
plete in place, per
—each:
15. 4" Couplings for cast iron
Farb
in
16
lIgn nn
$ 2,880.00
furnished and installed
complete in place, per each;
16. 6" Couplings for cast iron
Each
14
15
200,00
$ 3 000.00
furnished and installed
com le'te in place, per each;
17. Wet -ties including labor
Each
19
18
400.00.
$ 7,200.00
and incidentals necessary c
or making tie-ins, complete
in place, per each;
18. Boring including 24" encase-
L.F.
86
95
112.00
10,T470.00
ment and approved 12" Class
0 pipe furnished and
installed in bore, complete
in place, per linear foot;
tt
n
Class
150 pipe furnished and
installed in bore complete
in place per linear foot:
20. Concrete base for paving
L.F.
3200
3227.72
13.50
$ 43 574.22
repair, complete in place,
per square yard;
APPROVED:
i
Vm Fn ,•s 0 a
Total Amount of Work Done , $ 240,012.37
� '
Less 5 °0 Retained ............. $
Difference ............... • • . c 240,012-.37
Less Special Deduction ...... . . '
Less Liquidated Damage ......... 5
202,540.82
Less Precious Payments. ......... S
Amount Due this Estimate......... $ 37,471 .55
(' ir il,l tinny lY
nyineer pate
!�
cneuea t'
�t• + pate
M
orec oa:e
CERTIFICATE OF COMPLETION
Dan Hawkins
Director of Water Utilities
City of Lubbock, Texas
On September 16, 1991 the Contract, Water System Upgrade -Overton
Addition, constructed by Roberts Construction Company under contract
dated May 23, 1991 was inspected and found said improvements to have
been completed according to the plans and specifications.
Therefore, I recommend acceptance of these improvements and authorize
final payment to the Contractor.
Ver tru ours,
Wi ord D. Watson
Chief Water Utilities Engineer
WDW:Ig