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Resolution - 2003-R0525 - Contract For A Submersible Wastewater Pump At Southeast Water Reclamation Plant - 11/17/2003 (2)
Resolution No. 2003-RO525 November 17, 2003 Item No. 32 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for a submersible wastewater pump at Southeast Water Reclamation Plant, Bid #177-03/BM, by and between the City of Lubbock and BW Environmental of Wichita Falls, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 17th dau of ATTEST: Garza, City APPROVED AS TO CONTENT: Victor KiAan, Purchasing Manager APPROVED AS TO FORM: City Attorney gs/ccdocs/res-Cont-86-03RS Oct. 31, 2003 November �nn� ITB #177-03/BM, Addendum #1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM # 1 ITB #177-03 / BM Submersible Wastewater Pump at Southeast Water Reclamation Plant October 16, 2003 October 30, 2003 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Your attention is invited to the following questions/issues and their respective responses: QUESTION: Is a 30-day performance period long enough to account for the lead-time for ordering the pump? RESPONSE: Performance period would not actually start until the materials were delivered. However, actual installation must be substantially completed within 30 days. QUESTION: How should the discharge piping be supported? RESPONSE: The discharge piping should be supported and secured in a way that does not bear a load onto the discharge elbow. The method of support shall consist of one or more of the methods described below: a. Using a "knee brace" support attached to the face of the detention basin wall. b. Using cross members that extends between the two platform columns. c. Hangar type support attached to the bottom of the concrete platform. All metal, bolts and fasteners shall be made of aluminum, galvanized steel, stainless steel, or other approved material not prone to corrosion. The method of support shall be submitted for approval at the time of the pre -construction meeting. QUESTION: How will the clearance between the specified pump and the basin floor be achieved? RESPONSE: Contractor is responsible for devising a way to provide the minimum spacing required by the specified pump. Methods may include, but are not limited to, constructing a concrete "pedestal" or fabricating a support pedestal from metal. All metal used shall be constructed from aluminum, galvanized steel, stainless steel, or other approved material not prone to corrosion. The method of support shall be submitted for approval at the time of the pre -construction meeting. 2. Change in site conditions. Reference Picture entitled "Electrical Conduit —Electrical Panel" CHANGE detail to read as Follows: "Electrical wire will be pulled into the electrical cabinet through existing conduits and will enter the electrical cabinet at the bottom of the cabinet." 3. Plan holder's List and Sign -in sheet from Pre -bid meeting are attached. ITB#177-03/BMAd1 ITB #177-03/BM, Addendum #1 All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to BmacnairCmylubbock.us THANK YOU, CITY OF LUBBOCK ze �.. Bruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#177-03/BMAd 1 ITB #177-03/BM, Addendum #1 Or 4t F TTO 5 ✓'y a e. fY 00 kn r� � 00 ca v tU �> V• 3 B S ITB#177-03/BMAd1 ITB #177-03/BM, Addendum #1 rs,t 'zSb FV .� ,� t ice" � 'l/� d: 'iy�� �� ` ' V "I !!VJ "y��.1 yr� zz ` ♦1D `�..� •.j �t /�� 1TM�J t�l V 1 '+ 'V r P f, kN sy i, Ni a J ITB#177-03/BMAd 1 ITB #177-03/BM, Addendum #1 a u s �47t P" i e' � VIP �=�. ': f'.'1i ny'1 "�It 1,j 1 � l� �,�^��. r'''";;����,.i I`�• nr' ; ,�+� yd� 4-1 ro Cko rG off- co JS- ,+a Via. d2 '` 'i.I Via`� �.1 C.. r ♦ L Mv Y cr tr t 'V� cq ITB#177-03/BMAd1 ITB #177-03/BM, Addendum #1 ITB#177-03/BMAd1 ITB #177-03/BM, Addendum #1 ITB#177-03/BMAd1 ITB #177-03/BM, Addendum #1 77 1-4 s r ks) IN 75' C�Al b ITB#177-03/BMAd1 No Text I L J PR LBID #I 77-03/11M SUBMERSIBLE WASTEWATER PUMP AT SOUTHEAST WATER RECLAMATION PLANT October 8, 2003 (4.) 9:00 AM WATER RECLAMATION CONFERENCE ROOM of n'.AQV DOINT'r TELEPHONE FAX E-MAIL CON11PAINNY REPRESENTATIVE MAILING ADDRESS NUMBER NUMBER ADDRESS P.O-Box 2000 City of Lubbock BRUCE MACNAIR city: Lubbock (806)775-2163 (806)775-2164 BM:Lcruiiriianiail.ci.l(jbbLck.tx.us State, Zip e: Texas 79457 Address: po (.1 -- City:— Lmp'V90�& 34 If %b6o J,A X State,ZipCode: -I-x "79457L Avemzrr Address: city: . . .. . ................. .......... . ......... I-.- ......... ... State, Zip Code: Q'Wagrr LF Ajf"Ajv*qlKU Address: City: '7,7s-- 26,).0 3-24 State, Zip Code: A VA Address: City: Nl� Z� 7 (-4-�23 State,ZipCodc: Add ss: CEL-j '40,4 �tv State, Zip Code:�'*!%4, � 7e,r,-5 Address: City: .5 Code: Address: --lF-'� city: 76 .2 -0 (6 7t� z-6S 4" -FcJ p W" -LA, State, ZipCode. +Pr&n-)( t ocd�(#) Address: rt;> 77 City:,. i.,v ii ........... Ex.- ............. .......... State, Zip C(ide: -7 961 17 L 5-9 vj�, C) Address: City:_ State, Zip Code: Address: City: State, Zip de: Address: City:_ ..................*.......... . ... . State, Zr............................... "Ok CITY OF LUBBOCK INVITATION TO BID FOR TITLE: SUBMERSIBLE WASTEWATER PUMP AT SOUTHEAST WATER RECLAMATION PLANT ADDRESS: LUBBOCK, TEXAS PROJECT NUMBER: 90283.8304.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT NOTICE TO BIDDERS NOTICE TO BIDDERS ITB #177-03/BM Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 1:00 o'clock p.m. on the 30th day of October, 2003, 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: "SUBMERSIBLE WASTEWATER PUMP AT SOUTHEAST WATER RECLAMATION PLANT" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 100 o'clock p.m. on the 30th day of October, 2003 and the City of Lubbock City Council will consider the bids on the 17th day of November, 2003, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a - guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on 8th day of October, 2003 at 9:00 o'clock a.m., in the Water Reclamation Conference Room, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13t" Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained from City of Lubbock, 1625 13th Street, Lubbock, TX 79401, Phone: (806) 775-2167. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. 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, _a Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-2018 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILMAN PURCHASING MANAGER L. GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish SUBMERSIBLE WASTEWATER PUMP AT SOUTHEAST WATER RECLAMATION PLANT per the attached specifications and contract documents. Sealed bids will be received no later than 1:00 p.m. CST, the 30th day of October, 2003 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #177-03/BM, SUBMERSIBLE WASTEWATER PUMP AT SOUTHEAST WATER RECLAMATION PLANT" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda v as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 9:00 a.m. October 8th 2003 in Water Reclamation Conference Room Lubbock Texas. All - persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 4 5 n 7 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the r General Conditions. 10.2 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. 11 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 or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. ' 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's r esoonsibility to advise the Purchasinc Manager if anv ianguaae. requirements. etc.. or anv combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (6) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, SENIOR BUYER City of Lubbock 1625 13`h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: BMacnair@mail.ci.lubbock.tx.us 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within THIRTY (30) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 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. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- LJ contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the ) Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. LJI 19 PROTECTION OF THE WORK I I The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,__ supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: 4; i i (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 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. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 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. 24 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. 25 INSURANCE 25.1 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 5 business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, 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. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 26 LABOR AND WORKING HOURS 26.1 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 that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 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. 26.2 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. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done r- 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. 27 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, LA 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 I i Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his ' I classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which _ i� schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a -r bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. --- The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. Q) _a 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. 31 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. 1n connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. LA BID SUBMITTAL BID SUBMITTAL LUMP SUM BID CONTRACT DATE: October 30, 2003 PROJECT NUMBER: #177-03/BM - SUBMERSIBLE WASTEWATER PUMP AT SOUTHEAST WATER RECLAMATION PLANT - Bid of BW Environmental (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 to Bid for the construction of a SUBMERSIBLE WASTEWATER PUMP AT SOUTHEAST WATER RECLAMATION PLANT having carefully examined the plan§, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required underthe contract documents. MATERIALS:1Kt1b �'�'46 %kQrJ ertihl hM,.,� MI rinT1ju Stv n 111ar) 4 0%9 ($ � , E- ©O ) SERVICES:Ltjf�cfh KOaSoij L.,r hMadtJ trn im lit, rs ��K ($ � L 1 TOTAL 13I13,,(4u A)hou5G1\J Afte, trVW %4 rCai I rIeCh jo l i a t S 4 alxX($ H n . 3 3 Do ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 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 substantially complete the project within 30 (THIRTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ j or a Bid Bond in the sum of 4#w fhooiarW I.,f, ra.d./Iu.s 4 65kw_ Dollars ($ ;�oi5, b,5' ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Not a corporation. Secretary Bidder acknowledges receipt of the following addenda: Addenda No. 1 Date10/16/03 Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: Date: October 30, 2003 Authorized Signature Ted L. Turner (Printed or Typed Name) BW Environmental CompaN40 Reilly Road O�d�e,ta Falls Wichita Te tv 76396 as State Zipp Code Telephone: 940 _ 855-2710 Fax: 540 - 8 - -i 2 LIST OF SUBCONTRACTORS Minority Owned T7- Short's Electric 2. Yes 0 ❑ No ❑ 3. ❑ 0 4. ❑ ❑ 5. D 0 6. ❑ ❑ 7. D ❑ 8. ❑ D 9. 0 ❑ 10. ❑ ❑ 3 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal 1, the undersigned Bidder, certify that the insurance requirements contained in this bid document -have been reviewed by me with the below identified Insurance Agent/Broker. If 1 am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. �L11(nn6'� Ted L. Turner Contractor (Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: BW Environmental (Print or Type ) CONTRACTOR'S FIRM ADDRESS: 4140 Reilly Road Wichita Falls, Texas 76306 Name of Agent/Broker: Barnard Insurance Agency, LLP - Steve Bi ggerstaff Address of Agent/Broker: 1100 Sth Street City/State/Zip: Wichita Falls, Texas Agent/Broker Telephone Number: ( 940 ) 723-0977 Date: 10/24/03 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. 11 BID #177-03/BM - SUBMERSIBLE WASTEWATER PUMP AT SOUTHEAST WATER RECLAMATION PLANT 4 DATE (rb1fAfDDrYY) ACORD- CERTIFICATE OF LIABILITY INSURANCE 10.!27!2003 nRDDucEF J. E. ivturfee & S o r THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1310 Texas Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lubbock T ` _9401 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE _a = INSUrED Short's Electric INSURER A Travciers Ind of Connecticut ' 251- Count`, Road 76ti0 u.suRElz B. Phoenix Insurance Company INSURER C. 1 Lubbock T'+ ,9423 [INSURER D: ( WSURER E TCX1s Murual Insurance Company COVERAGES _ "HE POLICIES OF INSURANCE LISTED BELOVii -AVE 6E N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOT WITHSTANDING I 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 AFFPCRDEC BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TC ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIn. AGGFEGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. iNSR TYPE INSURANCE ?OLIGY NUMBER � EFFEGTivc I POLICY EIRATIpN DATE k1ktDD:^,'Y DATE !� ^.9XPJDD'YY LIMITS ;A I GENEtiALLIABILITY COM;AERCIAL GENERAL LIABILITY GLAtysMADE OCCUR 16602' Y8646TCTO=-05/lsi'2003 105118,,-0(}4 I I EACHCCCUF:tiENCE £ 100000( I FIRE DAMAGE (Anycnt S.ra) I S 10000( I o M'cD EX, (A ry ona per"-.) 15 500( PERSONAL rt ADV INJURY 15 1 00000( _ I GENERALAGGREGATE ; 5 200000( 3EN11, AGGREGATE LIMIT APPLIES P_R: n POLICY ' pr I ` LOS I PRODUCTS - CO)APf_P AGG ;s 2000001 I 1j AUTOMOBILE LIABILITY X ANY AUTO Ii _ L`'Cr•. ' ` - i it 4 0 I^=/1s;2oo_ iI� 1g,�0G 05 _ OMBINED SINGLE LIMIT (ac docl) ! f 100000( AI.L OV-1NED AUTOS nODILY INJURY i SGHEDULcDAUT05 � � "Per person) 1 HAEO AUTOS NON -OWNED AUTOS BODILY INJURY I Per accident) i S IPROPERTY DAMAGE IPer accident GARAGE unelLnY AUTO ONLY - 5A ACCIDENT S ANY AUTO i OTHER THAN EA ACC $ 5 AUTO ONLY: AC-G ExcWsLlAeluT,r X OCCUR CLAIMS MADE( 1SMCUP341K7385TCT03 05/18/200? 05/18,2004 EACH OCCURRENCE v 100000( AGGREGATE 5 100000( DEDUCT.ELE a RETENTION S S E WORKERS COPAPENSATIONAND EMPLOYERS* LIABILITY" TSF0010570003 05118t2003 05/18/2004 X 1iJC5TATU- ...._ E.L. EACH ACCIDENT S 50000( E.L. DISEASE - EA EMPLOYEE : 50000( E.L. DISEASE-POLICYUMIT I s__.__. 50000( 1 i OTHER CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION BW Enviromcntnl DATE THEREOF, THE ISSUING INSURER VALL ENDEAVOR TO MAIL I 0 DAYS WRITTEN 414() Rcilly Rd NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Wichita Polls TX 793UG IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. __) ! AUTHORIZED REPRESENTATIVE / ACORD 2S:S (7/97) (D ACORD CORPORATION 1988 Date: 10/27/03 Pages: 7 Fax: 940/855-2833 To: Ted Tumer, BW Environmental From: Subject: City of Lubbock Submersible WW Pump at SE Plant �- In conjunction with the above mentioned project, we are pleased to offer pricing on the following items: One (1}—ITT Flygt NP3201, 640 impeller, 40 hp Submersible Sewage Pump with 8" discharge, FLS monitor system and 40 feet of power/control cabling One (1 }--"8 x 8 discharge elbow with integral lower guide rail mount One (1)-304SS upper guide rail bracket for use with 3" guide rails One (I} --set of 3 inch, 304SS guide rails, 20 feet in length One (1 }-5/16 inch 304SS lifting chain with attachments, 25 feet in length One (1 }—MiniCAS monitor relay for use with FLS system in pump Submittals, delivery charges and startup are included These. ,rerns are as specified with no exceptions taken. Please feel free to call with any questions, is weeks after receipt, o; approved submittals. PROOJCT TYPE 1 PERFORMANCE CURVE NP3201.180 tt/l DATE 2002-02-04I(a ROJECT (tii%~p CURVE NO ISSUE 63-640-00-6030 2 1/1-LOAD 3/4-LOAD I!2-LOAC MOTOR SHAFT IMPELLER DIAMETER MOTOR COS PHI 088 .. 085 0.78 POWER ..... 40 hp STARTING ' 366 mm MOTOR EFFICIENCY 86.0 % 87.0 % 86.0 % CURRENT... 249 A MOTORTYPE STATOR REV GEAR EFFICIENCY -^ — TED 4 CURRENT... 50 A RATED FREO. SPEED 1 155 27-26-6AA 37YSER 11 COMMENTS INLETIOUTLET PHASES VOLTAGE POLES -1200 mm ..... rpm TOT.MOM.OF 60 HZ 3 460 V 6 INERTIA... 0.46 kam2 GEARTYPE IMP. THROUGHLET RATIO NO.OF --- BLADES 2 .-- [hp] �cr�uu S 40 0 Q 35 x x L1J 30 O 25 �- a LL LL tY w 20 W U _ I J w o DUD POINT FLOW(usap-I HEAD(N.J POWER (hp) EFF. 16A) NPSH(flJ O x BEP 2016 56.0 36.2 68.4 (79.1) 17.2 0 " [ftl NPSHRE Il 90 o � 90 w N 80 W m 80 r 70 7o EFF so so Q ao 40 80 N S 06 ft. 70 30 30 60 50 20 20 40 30 10 10 20 10 0Z 0 0 Soo 1000 1500 2000 2500 3000 3500 [USgpmj FLOW S: RISK OF SEDIMENTATION AT VELOCITY BELOW 0.6 mis (Point (S) show risk In a 200 mm pipe) aL CURVE CURVES SHOW PERFORMANCE WITH CLEAR COLD WATER Jr- - Section 4 FLY6T Outline Dimensions Issued: 11/00 Supersedes: 3/96 �— R ACCESS COVER M j --� P REF_ LIIN-E Gr! - S ----III--1 = 5 4 616 --�� t YGUIDE BAR (2x) I POWER (SCHEDULE 40 PIPE) , I (NOT BY ITT FLYGT, CUT I — TO LENGTH AT ASS-Y) II I STD. CLASS 125 C.I. FLANGE H (NOM. SIZE) 1 V MIN. C2 REF. LINE ' (CLEAR INSIDE EDGE) \\TYPICAL SIMPLEX � CABLE TYPICAL DUPLEX 0 NOTES: 1. DIM. TO ENDS OF GUIDE BARS. 2. REPRESENTS CLEAR T MIN. LIQUID LEVEL INSIDE EDGE OF ACCESS I QQ FRAME OR OPENING. F E T 3. SEE STATION DWG. FOR COMPLETE INSTALLATION J DIMENSIONS. 2 J ❑ :U WHEN i 25� W (REOLIIRED) REF. LINE �' --I A DISCH. C D B �4 4 DIA. ANCHOR VIEW 0—D BOLT (4x) �k ALSO AVAILABLE IN STAINLESS STEEL ALL DIMENSIONS IN INCHES NOM MODEL VERSION N SIZE I I A I R I C 15 1 F I F I (_ I E NOM. SIZE MODEL VERSION WEIGHT Les PUMP DISCH Cl/SST Cl/SST 4 CP SH 1110/ N/A So/ N/A CP HT 1135/1235 120/ N/A CP HT 1135/1235 150/160 8 CP NP MT 1235/1280 11235/1280 175/ N/ 10 CP N P MT 200/225 12 CP LT 1415/ N/A 455/ N/A 14 CP LT 1415/ N/A 465/ N/A 3 00, rm C/N-3201 � az REQUIREMENTS Fumish and install.Lsubmersible non -clog wastewater pump(s). Each pump shall be equipped with ar{1QHP su rsible ectric motor connec for operation on volts, phase, 60 hertz, wire service, wit feet of submersible cable (SUBCAB) suitable for submersible pump applications. The power cable shall be sized according to N.E.C. and ICEA standards and also meet with P-MSHA Approval. For 230 volt service. two power cables shall be used to share the load and thus keep power cables to a manageable size The pump shall be supplied with a mating cast iron I inch discharge connection and be capable of delivering GPM at TDH. An additional point on the same curve shall be GPM at feet total head. Shut off head shall be_feel (minimum). Each pump shall be fitted with feet of lifting chain or stainless steel cable. The working load of the lifting system shall be 50% greater than the pump unit weight. PUMP DESIGN The pump(s) shall be automatically and firmly connected to the discharge connection, guided by no less than two guide bars extending from the top of the station to the discharge connection. There shall be no need for personnel to enter the wet -well. Sealing of the pumping unit to the discharge connection shall be accomplished by a machined metal to metal watertight contact. Sealing of the discharge interface with a diaphragm, O-ring or profile gasket will not be acceptable. No portion of the pump shall bear directly on the sump floor. PUMP CONSTRUCTION Major pump components shall be of grey cast Iron, ASTM A-48, Class 358. with smooth surfaces devoid of blow holes or other Irregularities. All exposed nuts or bolts shall be AISI type 304 stainless steel construction. All metal surfaces coming into contact with the pumpage, other than stainless steel or brass. shall be protected by a factory applied spray coating of acrylic dispersion zinc phosphate primer with a polyester resin paint finish on the exterior of the pump. Sealing design shall incorporate metal -to -metal contact between machined surfaces. Critical mating surfaces where watertight sealing is required shall be machined and fitted with Ndrile or Viton rubber O-rings. Fittings will be the result of controlled compression of rubber O-rings in two planes and O-ring contact of four sides without the requirement of a specific torque limit. Issued: 9/00 j Supersedes: 5;96 Rectangular cross sectioned gaskets requiring specific torque limits to achieve compression shall not be considered as adequate or equal. No secondary sealing compounds, elliptical 0-rings, grease or other devices shall be used. COOLING SYSTEM Each unit shall be provided with an adequately designed cooling system. The water jacket shall encircle the stator housing; thus, providing heat dissipation for the motor regardless of the type of installation. Impeller back vanes shall provide the necessary circulation of the cooling liquid through the water jacket. The cooling media channels and ports shall be non -clogging by virtue oftheir dimensions. Provisionsforextemalcooling and seal flushing shall also be provided. The cooling system shall provide for continuous pump operation in liquid temperature of up to 104°F. Restrictions below this temperature are not acceptable. CABLE ENTRY SEAL The cable entry seal design shall preclude specific torque requirements to insure a watertight and submersible seal. The cable entry shall consist of a single cylindrical elastomer grommet, flanked by washers, all having a close tolerance fit against the cable outside diameter and the entry inside diameter and compressed by the body containing a strain relief function, separate from the function of sealing the cable. The assembly shall provide ease of changing the cable when necessary using the same entry seal. The cable entry junction chamber and motor shall be separated by terminal board, which shall Isolate the interior from foreign material gaining access through the pump top. Epoxies, silicones, or other secondary sealing systems shall not be considered acceptable. MOTOR The pump motor shall be a NEMA B design, induction type with a squirrel cage rotor, shell type design, housed in an air filled, watertight chamber. The stator windings shall be Insulated with moisture resistant Class H insulation rated for IEVC (3580F). The stator shall be insulated by the trickle impregnation method using Class H monomer -free polyester resin resulting in a winding fill factor of at least 95%. The stator shall be heat -shrink fitted into the cast iron stator housing. The use of multiple step dip and bake -type stator insulation process is not acceptable. The use of bolts, pins or otherfastening devices requiring penetration of the stator housing is not acceptable. The motor shall C/N-3201 be designed for continuous duty handling pumped media of 40°C (104*F) and capable of up to 15 evenly spaced starts per hour. The rotor bars and short circuit rings shall be made of castaluminum. Thermal switches set to open at 125°C (260°F) shall be embedded in the stator lead coils to monitor the temperature of each phase winding. These thermal switches shall be used in conjunction with and supplemental to external motor overload protection and shall be connected to the control panel. The junction chambershall be sealed off from the stator housing and shall contain a terminal board for connection of power and pilot sensor cables using threaded compression type terminals. The use of wire nuts orcrimp-type connectors is notacceptable. The motor and the pump shalt be produced by the same manufacturer. The combined service factor (combined effect of voltage, frequency and speck gravity) shall be a minimum of 1.15. The motor shall have a voltage tolerance of plus or minus 10%. The motor shall be designed for operation up to 40°C (1040F) ambient and with a temperature rise not to exceed 80°C. A performance chart shall be provided upon request showing curvesfortorque, current, powerfactor, input/ output kW and efficiency. This chart shall also include data on starting current and torque. The power cable shall be sized according to the NEC and ICEA standards and shall be of sufficient length to reach the junction box without the need of any splices. The outer jacket of the cable shall be oil resistant chloroprene rubber. The motor and cable shall be capable of continuous submergence underwater without loss of watertight integrity to a depth of 65 feet. The motor horsepower shall be adequate so that the pump is non -overloading throughout the entire pump performance curve from shut-off through run -out. BEARINGS The pump shaft shall rotate on two bearings. Motor bearings shall be permanently grease lubricated. The upper bearing shall be a single roller .bearing. The lower bearing shall be a two row angular contact bearing to compensate for axial thrust and radial forces. Single row lower bearings are notacceptable. MECHANICAL SEAL_ Each pump shall be provided with atandem mechanical shaft seal system consisting of two totally independent seal assemblies. The seals shall operate in an lubricant reservoir that hydrodynamically lubricates the lapped Issued: 9/00 1 Supersedes: 5/ 96 seal faces at a constant rate. The lower, primary seal unit. located between the pump and the lubricant chamber, shall contain one stationary and one positively driven rotating, corrosion resistant tungsten -carbide ring. The upper, secondary seal unit, located between the lubricant chamber and the motor housing, shall contain one stat9onaryand one positively driven rotating, corrosion resistant tungsten -carbide seal ring. Each seal interface shall be held in contact by its own spring system. The seals shall require neither maintenance nor adjustment nor depend on direction of rotation for sealing. For special applications, other seal face materials shall be available. The following seal types shall not be considered acceptable nor equal to the dual independent seal specified: shaft seals without positively driven rotating members, or conventional double mechanical seals containing either a common single or double spring acting between the upper and lower seal faces. No system requiring a pressure differential to offset pressure and to effect sealing shall be used. Each pump shall be provided with an lubricant chamber for the shaft sealing system. The lubricant chamber shall be designed to prevent overfilling and to provide lubricant expansion capacity.The drain and inspection plug, with positive anti -leak seal shall be easily accessible from the outside. The seal system shall not rely upon the pumped media for lubrication. The motor shall be able to operate dry without damage while pumping under load. Seal lubricant shall be FDA Approved, nontoxic. PUMP SHAFT Pump and motor shaft shall be the same unit. The pump shaftis an extension ofthe motorshaft. Couplings shall not be acceptable. The pump shaft shall be of carbon steel C-1035 and shall be completely isolated from the pumped liquid. ! ELLER (for C -pumps) The i eller(sj shall be of gray cast iron, CI 5B, dynami balanced,doubleshroud-blagging design haul along through let out acute turns. The impeller(s) II be ca a of handling solids, fibrous materials, he ge and other matterfound in wastewater. Wh ve ible, a full vaned, not vortex, impelle all be use maximum hydraulic efficiency us, reducing ope 'ng costs. Mass mom of inertia calculations shall be vided by the p manufacturer upon request. Impel) shall be C/N-3201 key a shaft, retained with an Allen headbelt and shalt be c3paol mum _ inch diameter solid. All ' ers shall be co�.� acrylic dis n zinc phosphate primer. WEA S (for C - pumps) A wear ring sy all be use ovide efficient sealing between the vo suction inlet of the impeller. Each pu all be equippe a brass, or nitrite rub aled steel ring insert that is drn ttfi� olute inlet. This pump shall a s sinless steel impeller wear ring heat- tted onto the s i for C - pumps) Pump voluted . be single -piece Est iron, Class 35B, non-conce ri at§n with smooth passages large enough ass any 9-tt may enter the impelt inimum inlet and discharge size shall be ec'fied. IMPELLER (for N - pumps) The impeller(s) shall be of gray cast iron, Class 35B, dynamically balanced, semi -open, multi -vane, back - swept, non -clog design. The impeller vane leading edges shall be mechanically self -cleaned upon each rotation as they pass across a spiral groove located an the volute suction which shall keep them clear of debris, maintaining an unobstructed leading edge. The impeller(s) vanes shall have screw -shaped leading edges that are hardened to Rc 45 and shall be capable of handling solids, fibrous materials, heavy sludge and other matter found in waste water. The screw shape of the impeller inlet shall provide an inducing effectforthe handling of sludge and rag -laden wastewater. Impellers shall be locked to the shaft and shall be coated with alkyd resin primer. VOLUTE BOTTOWINSERT RING (for N pumps) The pump volute shall be of A48 Class 35B gray cast Iron and shall have (an) integral spiral shaped cast groove(s) at the suction of the volute. The internal volute bottom or insert ring shall provide effective sealing between the pump volute and the multi -vane, semi -open impeller. The sharp spiral groove(s) shall provide the shearing edge(s) across which each impeller vane leading edge shall cross during its rotation in orderto remain unobstructed. The clearance between the Internal volute bottom and the impeller leading edges shall be adjustable. Issued: 9/00 j Supersedes: 5/96 PROTECTION All stators shall incorporate thermal switches in series to monitorthetemperature of each phase winding. The thermal switches shall open at 1250C (260°F), stop the motor and activate an alarm. A leakage sensor shall be available as an option to detect water in the stator chamber. The Float Leakage Sensor (FLS) is a small float switch used to detect the presence of water in the stator chamber. When activated, the FLS will stop the motor and send an alarm both local and/or remote. USE OF VOLTAGE SENSITIVE SOLID STATE SENSORS AND TRIP TEMPERATURE ABOVE 125°C (260°F) SHALL NOT BE ALLOWED. The thermal switches and FLS shall be connected to a Mini CAS (Control and Status) monitoring unit. The Mini CAS shall be designed to be mounted in any control panel. ' Note: FLS not available in CZ/NZ Configuration. MODIFICATIONS 1. Explosion -proof Pumps (X). 2. Warm Liquid Applications (WL). 3. Dry Pit Installations (CT). 4. Stainless Steel Pumps (SS). Refertothe General Guide Specifications for additional information. C-3201 City of Lubbock Submersibble Pump Replacement ITB# 177-03/BM Nov Dec_7 Jan Feb Apr ID Task Name _ V1/1 _� W3�W5�_W _ _ _ _ W9^ �W11 �W13 _ _ N15 I W17 _Mar W23___. 1 Bid Opening Bid Award Pre Con/ Notice to Proceed 3 4 Pump Submittals a Pump Delivery 12 Week Delivery T 5 Pump Install 6 Task`' E' Project Summary Split External Tasks �-- Project: Lubbock Pump Installation PRELIMINARY SCHEDULE Progress I External Milestone Date: Mon 10/27/03 Milestone Deadline Summary Page 1 Bid or Proposal Bond COMPANY KNOW ALL MEN BY THESE PRESENTS, THAT WE DBA B. W. Environmental, 4140 Reilly Road Wichita Falls, TX 76306 as Principal, and the Ohio Farmers Insurance Company , as Surety, are held and firmly bound unto The City of Lubbock, 916 Texas, Lubbock, Texas 79457 as Obligee, in the penal sum of Five Per Cent (5%1 of the amount bid DOLLARS ($ ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, our executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED This 30th day of, October, 2003. WHEREAS the said Principal is herewith submitting a proposal for Submersible Wastewater Pump Installation, Southwest Water Reclamation Plant, Lubbock, Texas ( ITB# 177-03/BM). NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the said Principal shall execute a contract and give bond for the faithful performance thereof, if required within 10 days after being notified in writing of the award of such contract to Principal, or if the Surety shall pay the Obligee the sum, not exceeding the penalty hereof, by which the amount of the contract entered into in good faith covering the said proposal, property and lawfully executed by and between _.: the Obligee and some third party, may exceed the amount bid by the Principal, then this obligation shall be void; otherwise it shall remain in full force and effect. B. W. Environmental Principal By: I� Ohio Farmers Insurance Company By: �� Doris E. Attorney -in -Fact I' _._ AURED- HOMPS N-MASON-DAUGHERTY 1300 TENTH STREET P.O. BOX 1071, WICHITA FALLS, TEXAS 76307-1071 TELEPHONE: 9401723-0771 General Power of Attorney POWER NO. 4220102 02 Westfield Insurance Co. Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having Its principal office In Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint DORIS E. COFFMAN, JAMES B. THOMPSON, DONNA K. MARTINEZ, ROGER E. JONES, JOINTLY OR SEVERALLY of WICHITA and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred In Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instruments or contracts of surstship------------------------------ --------------------- ----- --- -- -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE MAIUMM, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by Its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do In the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be If Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fad to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any ,such Instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary." 'Be It Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with rasped to any bond or undertaking to which it is attached' (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 24th day of SEPTEMBER A.D., 2002 . CorporatUe ,'�• ' .�,^•...,,,. SealsI� \oNA M�•' '+WESTFIELD INSURANCE COMPANY ,qx��WESTFIELD NATIONAL INSURANCE COMPANY rLOHIO FARMERS INSURANCE COMPANY :�_. SEAL :m18413 State of O,'•'''•�,.�„�.�..•.'''••`"N�NIM•••..... By: County of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive On this 24th day of SEPTEMBER A.D., 2002 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said Instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal L S Affixed • William J. Kahelin, A rney at Law, Notary Public State of Ohio s N� j owl My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) . County of Medina ss.: ,, •t• 1, M. Brooks Rorapaugh, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this30t)hday of October A.D., 2003 •,tiQ aP • !Nv SEAL . �,. �� `��'-;• ,:o '; 1848 ; M. Brooks Rorapaugh, Secre ry *••• '••,.• .•,••' 'styes �'•••;� ••••' � ,,,,'•••4.auua•`••'••,•, ,',n'•NIN�N•N•'�,v��• BPOAC2 (combined) (06-02) ar-13-50 Policyholder and/or Bondholder Disclosure: NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act became effective immediately and establishes a temporary Federal program that provides for a system of shared public and private compensation for an "insured loss" resulting from certified acts of foreign "terrorism", as defined under the Act. The Act further requires that all in -force exclusions for acts of terrorism, as defined in the Act, already contained in a policy/bond or included as an endorsement in a policy/bond, become nullified as of November 26, 2002. Coverage for acts of terrorism is included in your current policy/bond and/or in any policy/bond quoted for you. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The actual coverage provided by your policy/bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your policy/bond, any endorsements to the policy/bond and generally applicable rules of law. During your current policy/bond period, the portion of your premium that is attributable to coverage for acts of terrorism is $0.00. If it becomes necessary to include a premium for terrorism coverage in a future renewal of your policy/bond, you will receive notification of that premium through a separate line in your policy/bond. Should you have any question regarding this notice, please contact your insurance agent. One Park Circle - P.O. Box 5001 - Westfield Center, OH 44251-5001 - 1.800.243.0210 - fax 330.887.0840 - www.westfieldgrp.com .W--_ IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT.• YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P. O. BOX 149104 AUSTIN TX 78714-9104 FAX 1-512475-1771 PREMIUM OR CLAIM DISPUTES SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUMOR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. PAYMENT BOND PAYMENT BOND EXECUTED FIVE ORIGINALS STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) BOND N0. 5890130 KNOW ALL MEN BY THESE PRESENTS, that Bw Envi ronmental (hereinafter called the Principal(s), as Principal(s),and Ohio Farmers Insurance Company, 555 Republic Drive, Suite 450, Plano, TX 75074 (hereinafter called the Suret s), as Surety($), r eld at i firanigound unto the City of Lubbock (hereinafter called the Obligee), in the amount of—wall.Thoen anan n 6h3e- un r _ Dollars ($ 40 , 313.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 17 thday of November _.20_03 ,to construct Submersible Wastewater Pump at Southeast Water Reclamation Plant and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a 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 Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined In accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 17 th day of November 20 03 OHIO FARMERS INSURANCE COMPANY Surety 'By, 4 — Title Doris E. Coffmaf Attorney -In -Fact ALLREDOHOMPS! ASON-DAUGHERTY NTH STREET P.O. BOX 1071, WICHITA FALLS, TEXAS 76307-1071 TELEPHONE: 940/723-0771 BW ENVIRONMENTAL (Company Name) By: 7fJ l.•__tlnrr%r� (Printed Name) (� 1 � (Signature) f i CIC� c (Title) General Power of Attorney CERTIFIED COPY Ohio Farmers POWER NO. 4220102 01 Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That OHIO FARMERS INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Ohio, and having its principal office In Westfield Center, Medina County, Ohio, does by these presents make, constitute and appoint DORIS E. COFFMAN, JAMES B. THOMPSON, JAMES E. GAVIN, DONNA IC MARTINEZ, JOINTLY OR SEVERALLY of WICHITA and State of TX Its true and lawful Attomey(s)-In-Fact, with full power and authority hereby conferred In its name, place and stead, to execute, acknowledge and deliver any and aH bonds, recognizanoss, undertakings, or other instnaneats or contracts of Suretyship ---------------------•-------------•------------------------- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE Ali E , OR BANK DEPOSITORY BONDS. and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by Its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the Ohio Farmers Insurance Company: 'Be it Resolved, that the President, any Moe -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fad to represent and act for and on behalf of the Company subject to the following provisions: 'Section f. Attorney -In -Fact Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney -In -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.' (Adopted at a meeting held on the 3rd day of July, 1957.) 'Be It Resolved, that the power and authority to appoint Attorneys) -in -Fad granted to certain officers by a resolution of this Board on the 3rd day of July, 1957, Is hereby also granted to any Assistant Vice -President.' (Adopted at a meeting held on the 13th day of July, 1976.) This power of attorney and certificate is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Ohio Farmers Insurance Company at a meeting duly called and held on the 9th day of June, 1970: 'Be It Resolved, that the signature of any authorized officer and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached.' In Witness Whereof, OHIO FARMERS INSURANCE COMPANY has caused these presents to be signed by Its Vice President, and its corporate seal to be hereto affixed this OBIh day of JUNE A.D., 2001 . Corporate OHIO FARMERS INSURANCE COMPANY Seal Affixed State of Ohio. 184e I s By County of Medina ss : �4� • ••»•••' • Richard L Kinnaird, Jr. Vice President On this Oath day of JUNE A.D., 20D1 , before me personally came Richard L Kinnalyd, Jr., to me known, who, being by me duly sworn, did depose and say, that he resides In Medina, Ohio; that he Is Vice President of OHIO FARMERS INSURANCE COMPANY, the company described In and which executed the above Instrument; that he knows the seal of said Company; that the seal affixed to said Instrument Is such corporate seal; that It was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Notarial Seal A% A L Affixed ,�P,.••.••.... S • James M. Walker Notary Public State of Ohio 0 County of Medina ss.: qTE O� My Sec. Commission Oho Does Not Expire Revised Code CERTIFICATE I, Richard A. Wallet, Assistant Secretary of the OHIO FARMERS INSURANCE COMPANY, do hereby certify thtlkk t�he above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; a-d futthsngre, the resolutions of the Board of Directors, set out In the Power of Attorney are in full force and effect ; In Witness Whereof, 1 have hereunto set my hand and affixed the seal of said Company at Westfield (enter, Ohio, this 1.7 th day of November A.D., 2003 .•.. ,• •8 • f Richard A. Wallet Assistant Secretary BPOA02 (03-99) IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT .- YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANMS, COVERAGES, RIGHTS OR COW AI TS AT. 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P. O. BOX 149104 AUSTIN TX 78714-9104 FAX 1-512475-1771 l- t f 16 @ 1 SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUMOR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. RIDER Policyholder and/or Bondholder Disclosure: NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush- signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act became effective immediately and establishes a temporary Federal program that provides for a system of shared public and private compensation for an "insured loss" resulting from certified acts of foreign "terrorism", as defined under the Act. The Act further requires that all in -force exclusions for acts of terrorism, as defined in the Act, already contained in a policy/bond or included as an endorsement in a policy/bond, become nullified as of November 26, 2002. Coverage for acts of terrorism is included in your current policy/bond and/or in any policy/bond quoted for you. You should know that, effective November 26, 2002, under your existing coverage, any losses caused, by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The actual coverage provided by your policy/bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your policy/bond, any endorsements to the policy/bond and generally applicable rules of law. During your current policy/bond period, the portion of your premium that is attributable to coverage for acts of terrorism is $0.00. If it becomes necessary to include a premium for terrorism coverage in a future renewal of your policy/bond, you will receive notification of that premium through a separate line in your policy/bond. Should you have any question regarding this notice, please contact your insurance agent. One Park Circle • P.O. Box 5001 • Westfield Center. OH 44251 •S001 • 1.800.243,0210 • fax 330.887.0840 • wwwmestfieldgrp.com All 2CIOA I 1 (11 CERTIFICATE OF INSURANCE lA/ A.VVV Lir Li Lad V•.YVYVr��� TO: GrrV OF LUBBOOK P.O. Box two CERTIFICATE OF INSURANCE DATE: i 925M LU=fm%JL , TX 73457 TYPE OF FROMM. THIS IS TO CERTIFY THAT BW EnvironmentalITB #177-03/8[1A (Name and Address of Insured) is, at fhe dWm of this atm inwxW by this CompwW with respect IV the btu ap AX* hereinafter descrr4ed, fnr the typed of Insurarms and in noomdance with the provfslons of fm etandud polides used by this cou peny, the further twunafer dwAnned. E=epuons to amnwm poAWnoma nown. TW [tau pouchy �--Ecreve u� DATE DATE RMERAILCwm�rci�1 tierserar Web�mW 630491 DO34303 9/1/03 9/1/04 awond agUraOq i 2,()00.000 O CMUft Made 0 0� pwduct-�uw op A6G $;DOQ� P�'rsas� a AdV. Y*uy s S c7nraraeea,6 prat ftm O= ww i t cot oota--= s Foe ownep cMr ens Fke) 300, 00D Mad EV fAw aye pamm) 5, 000 A 7W L& lLr7Y CAP491D035503 9/1/03 9/1104 Gambbmd Unki 1,000.000 o BodRV �Pr.ryon a sMhQ&fta Aural 50cXV WMVh#xy tlad➢(v In�urYOlaf A9ciderM o yes d fl "Aft AM Oft - Nara Aoemern S. tier t An Auto 00y, � Zk t] wi 0 10�JL drit Ydar C+oahect O lfltSt!{LL147rUNA.�UA7L�R S i UabteAa rWa CU P4910036703 9/1 /03 911 /04 ERM occWTAfte Q10000 ,000 a Ot mThm tkc"vft F OM MgMrB EWLa1Mi+R'LL46NJM ?>,e t'coprtoiar iY kmk dad U13491 C3024A03 9/1/03 9/1 /04 l 8tmuwft IAdaerafe Ih e o t3aanded Omens Eod►Aoeldart $1 000 000 ea ..raawUnit s CITY OF LUBBOCK S LISTED AS DITIONA INSURED GENERAL LIABILITY AND AUTO. BLANKET WAIV R OF SUBRO TION INC UDED ONJN LL POLICIES M0, abc" pdkips eWW 1t the body ihwmd or by epp _rOPdu a anda>zwnwA tarov(de that thav may not hw& .#m wwwl nr a n. or in m e >tiImm er is na o� am' vte MMW nas rsvalvea umftn notlos of suchmange or Isgel regc�nem 1n ew than tim drays In advance Qf MwWk&n. Fmk COPIES OF TW CIMRflFICATE OF INBURANCE Travelers Insurance Group MUST BE SENT TO THE` CITY OF LuBBOGK Tift: A0111hard Insurance Agency, LLP 'fire InWrAt1Cd Coro testes Fumished ;hall nvu tho City of LUbbooc os tin Addidonai hwVrod vn Genera! UapFlity end Atrtomftw Uabify anp provws a Waiver of Subrogyftn in iavw of me Grty of Wppock. CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF .1 INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, 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. IT SHALL BE THE -s CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 2 "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services.❑ CONTRACT CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 17T" Day of November, 2003 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and BW ENVIRONMENTAL of the CITY OF WICHITA FALLS COUNTY OF WICHITA and the STATE OF TEXAS hereinafter termed CONTRACTOR. W ITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #177-03/BM - SUBMERSIBLE WASTEWATER PUMP AT SOUTHEAST WATER RECLAMATION PLANT — $40,313.00 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 bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. NumoTg By: ONE (OWNER): ATTEST: City ec etary APP V AS CO fFN/ %T- Owner's Representative APPROVED AS TO FORM: C Attorney CONTRACTOR: BW Cny rvA FwerJr l t� L+ By: GVV- ftr - PRINTED NAME: -Te-A L, 7brne e- TITLE: t ' eJ A �cry-, c L Mo nfay e- COMPLETE ADDRESS: BW Environmental 4140 Reilly Road Wichita Falls, TX 76306 ATTEST: t,4 /� br pec,410 , . Corporate Secretary GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit BW ENVIRONMENTAL who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative CHESTER CARTHEL CHIEF ENGINEER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the _ z Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract' or "contract documents". 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. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such �. recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor 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 or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative 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 has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. 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 the contract documents, and 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 decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) 2 calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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 its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's 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 itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to 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 work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, 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 Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's { Representative's written consent. 19 21 22 CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or 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. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and 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 the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in f , the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. �_j 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 materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, - timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 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 compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." 25 26 27 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 Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY r The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' 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 i municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold Y harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection , with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given ] by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, fi are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, 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. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, ,LO Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; _ Bodily Injury/Property Damage, $500,000.00 Combined Single Limit, 17 In F 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. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0 % of the total contract price (100% of potential loss) naming the City of Lubbock as insured. Umbrella Liability Insurance (Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of Lon all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor'slperson's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 0406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. r_3 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the [ ; duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. ' 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity:_! (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by �- paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; f (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental 1 entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Lj 10 (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; . 11 (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of , 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter 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. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the t Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material j_ j or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's -1 Representative prior to bidding. I( i 12 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may -` enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its 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 its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL 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 documents, 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 as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500 (FIVE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its 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 13 36. 37 38. 39 shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the 14 Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid 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 Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. 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 the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 15 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion 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 contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. 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. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE 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) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception.-� Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by 1 Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the , acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and i constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. sl j 16 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, 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. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , 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 the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. 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. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 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, if applicable, 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 certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, 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, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, 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, 17 L notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, 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, if applicable, subject only to the duty of the �^ Owner to exercise ordinary care to protect such property. After fifteen (15) calendar 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, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. , The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. i 50. BONDS [A The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds 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. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. L- 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense 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 or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work s covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's 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 I Representative or to the Contractor's own employees or to any other person, firm, or corporation. i dA 18 ii i; 54. 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 Contractor shall remove all such debris and also its 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. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 19 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice 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 City of Lubbock Building Construction Trades Prevailing Rates Hourly 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 Tractor -Trailer 8.50 Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 2 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 3 SPECIFICATIONS INSTALL NEW BACKWASH BASIN PUMP AT SEWRP PROVIDE AND INSTALL A SUBMERSIBLE WASTEWATER PUMP AT THE SOUTHEAST WATER RECLAMATION PLANT (SEWRP) TECHNICAL SPECIFICATIONS AUGUST 2003 TABLE OF CONTENTS INSTALL NEW BACKWASH BASIN PUMP AT SEWRP SPECIFICATIONS 00000 Title Page 00010 Table of Contents DIVISION 1— GENERAL REQUIREMENTS 01100 Summary of Work 01300 Administrative Requirements 01700 Contract Closeout DIVISION I I — MECHANICAL 11313 Submersible Wastewater Pump DIVISION 15 —MECHANICAL 15202 Discharge Piping 1�7:7:\�:ijl��l Pictures Site Plans and Details Install New Backwash Basin Pump at SEWRP 00010- 1 8/27/2003 SECTION 01100 SUMMARY OF WORK PART1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1— General Requirements. 1.02 SECTION INCLUDES A. Work covered by Contract Documents B. Contractor use of site. C. Work sequence. 1.03 WORK COVERED BY CONTRACT DOCUMENTS r A. Contractor will be responsible for providing all equipment, labor, and material for the complete installation of one wastewater submersible pump inside an existing backwash basin located at the Southeast Water Reclamation Plant, 3603 Guava Ave, Lubbock, TX 79404. The main items to be completed include, but are not limited to the following: i. Provide and install one wastewater submersible pump ii. Provide and install guide rails, lifting chains, bolts, mounting brackets, supports and all necessary appurtenances for the complete installation of the proposed submersible pump iii. Provide and install all discharge piping and fittings including a check valve and air release valve iv. Provide and install all electrical power cable and wiring for the proposed submersible pump v. Tie-in existing level controls and exterior control buttons for the proposed submersible pump vi. Pull electrical conductors within existing conduits for the installation of the proposed submersible pump vii. Pull additional conductors within existing conduits for the installation of a future submersible pump. B. Perform work under a single fixed price contract. Install New Backwash Basin Pump at SEVW 01100 - 1 8/27/2003 C. Contract time for the work to be performed will be 30 calendar days from the date of Notice to Proceed. The Liquidated damages will be $500.00 per day. D. Other work items necessary for the safe completion of the work; such as, fall prevention and fall control devices, etc. 1.04 CONTRACTOR USE OF SITE A. The Contractor shall be required to follow all safety and security procedures prescribed by the City of Lubbock Public Works Division. B. Access to the site will be limited to: 1. City of Lubbock 2. Contractor C. The Contractor shall coordinate the construction schedule with the Owner to avoid conflict with the Owner's operations. D. Time restrictions for performing work: Monday to Friday 7 a.m. to 6 p.m. Request in writing 3 days in advance for work to be performed outside of this time. E. City personnel will be responsible for drawing down the backwash basin's elevation to floor level and for locking out/tagging out any supply pumps and valves. The basin shall be kept at this level for a period no longer than four hours. F. Contractor will have access to electrical power and restroom facilities. 1.05 WORK SEQUENCE A. Construct work to accommodate Owner's occupancy requirements during the . E construction period, coordinate construction schedule and operations with the City of Lubbock. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Install New Backwash Basin Pump at SEWRP 01100 - 2 8/27/2003 L SECTION 01300 ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL 1.01 COORDINATION AND PROJECT CONDITIONS A. Coordinate scheduling, submittals, and work of the various sections of the Project to ensure efficient and orderly sequence of interdependent construction elements. B. Verify utility requirements and characteristics of operating equipment are compatible with site utilities. C. Coordinate completion and cleanup of Work of separate sections in preparation for Substantial Completion. D. After Owner occupancy of premises, coordinate access to site for correction of defective work and work not in accordance with contract documents, to minimize disruption of Owner's activities. E. The Public Works Department shall be notified 48 hours before the planned construction is to commence. F. Each bidder shall submit a Construction Schedule with their bid indicating the sequence of all construction activities to be performed. The scheduled completion date for this project shall be 30 calendar days from Notice to Proceed. G. Upon award of the contract, the Construction Schedule will become part of the Contract Documents. H. The Contractor shall be issued a Notice to Proceed following approval of City Council execution of Contract Documents, and completion of pre -construction meeting. 1.02 PRE -CONSTRUCTION MEETING A. Owner's Representative will schedule a pre -construction meeting after award of contract. B. Attendance Required: Owner's Representative and Contractor. i L Install New Backwash Basin Pump at SEWRP 01300-1 8/27/2003 C. Agenda: 1. Designation of personnel representing the parties in Contract. 2. Scheduling. 3. Notice to Proceed. 4. Emergency telephone contacts for Owner and Contractor. 5. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract close-out procedures. 6. Submission of: a. List of subcontractors b. List of products c. Progress Schedule. 1.03 CONSTRUCTION PROGRESS DOCUMENTATION A. Construction Progress Schedules. 1. Submit initial schedule in duplicate within five (5) days after date of Notice to Proceed. 2. Revise and resubmit as required. 3. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. 1.04 SUBMITTAL PROCEDURES A. Approved Construction Plans: 1. The Contractor shall do construction in accordance with the approved construction plans provided for this project. The design shall comply with all specifications, and standards. B. Submittals for Review. 1. The Contractor shall submit the manufacturer's product data for all materials used in construction of this project. 2. The following pump information shall be submitted with bid. a. Pump Curve b. Complete technical data and parts list for pump c. Complete technical data and parts list on motor Install New Backwash Basin Pump at SEWRP 01300-2 8/27/2003 d. Complete technical data and parts list for components used for the pump -monitoring unit. 3. The Contractor shall submit documents certifying test reports and verifying compliance of material for all materials used in the construction of this project. 4. The Contractor shall review all required components for use in this application to ascertain that all items will function as necessary and as designed. a. Transmit each submittal to Project Manager: Patrick Marbas Civil Engineer Associate Public Works Engineering City of Lubbock P.O. Box 2000 1625 - 131h Street Lubbock, TX 79457 5. Transmit a minimum of three (3) copies (number of copies which the Contractor requires, plus two (2) copies which will be retained by Owner's Representative) of each submittal unless otherwise specified in the individual sections. g_ 6. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. 7. Schedule submittals to expedite the Project, and deliver to Owner's Representative at business address. Coordinate submission of related items. 8. For each submittal for review, allow five (5) days excluding delivery time to and from the Owner's Representative. 9. Identify variations from Central Documents and Product or system limitations, which may be detrimental to successful performance of the completed Work. 10. When revised for resubmisson, identify all changes made since previous submission. 11. Submittals not requested will not be recognized or processed. Install New Backwash Basin Pump at SEWRP 01300-3 8/27/2003 1 12. Submittals will not be accepted from subcontractors, suppliers, or anyone other than the Contractor. 13. Indicate conditions requiring special attention and special environmental criteria required for application. 1.05 SHOP DRAWINGS A. The Contractor shall submit shop drawings indicating the installation sequence and the location and construction of barricades, fences, and temporary work areas as needed. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Install New Backwash Basin Pump at SEWRP 01300-4 8/27/2003 SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL 1.01 SECTION INCLUDES A. Close-out Procedures. B. Final Cleaning. C. Project Record Documents. D. Warranties and Bonds. E. As -Built Drawings F. Operation and Maintenance Manual. 1.02 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Owner's Representative review. _ B. Provide submittals to Owner's Representative that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, sum remaining due, and Contractors Affidavit of Bills Paid. 1.03 FINAL CLEANING A. Execute final cleaning prior to final project inspection. B. Remove waste, surplus materials and rubbish to designated containers to be disposed of appropriately. ` 1.04 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Specifications. 2. Addenda. 3. Change Orders and other modifications to the Contract. B. Ensure entries are complete and accurate, enabling future reference by Owner. C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. Install New Backwash Basin Pump at SEWRP 01700 - 1 8/27/2003 1.05 WARRANTIES AND BONDS A. Provide duplicate notarized copies. B. Execute and assemble transferable warranty documents from Subcontractors, suppliers, and manufacturers. C. Submit prior to final Application for Payment. D. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within 10 days after acceptance, listing date of acceptance as start of warranty period. 1.06 AS -BUILT DRAWING A. Provide in duplicate, final as -built drawings of pump installation and electrical hook-up. Include any change from specified drawing. B. Include manufactures drawings for any pre -fabricated section or equipment. 1.07 OPERATION AND MAINTENANCE MANUAL A. Provide two copies of the operation and maintenance (O&M) manual for the submersible pump and motor. B. Include with the O&M manuals an exploded view and/or sectional view diagrams of the pump and motor. C. Include a list with each part name and number. D. Include parts ordering information. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION 3 Install New Backwash Basin Pump at SEVW 01700 - 2 8/27/2003 SECTION 11313 SUBMERSIBLE WASTEWATER PUMP PART 1 GENERAL 1.01 RELATED DOCUMENTS A. General Conditions of the Agreement B. Pictures C. Drawings 1.02 WORK INCLUDED A. Furnish and install one (1) submersible non -clog wastewater pump complete with discharge piping, level control, and electrical. B. Pull additional electrical wire through an existing spare conduit for a submersible pump to be installed in the future. 1.03 SUBMITTALS A. Provide three copies of submittals information for review and approval by the Engineer. B. Product Data. Submit manufacturer's descriptive data for all fittings, valves and piping used. C. Affidavits of compliance with appropriate standards D. Product warranties. E. Manufacturer's installation instructions. F. Manufacturer's operation and maintenance data. 1.04 WARRANTY A. Minimum five (5) year manufacturer's warranty on the pump and motor. Install New Backwash Basin Pump at SEVW 11313-1 8/27/2003 2.01 PUMP DESIGN A. The pump shall be equipped with a 40 HP submersible electric motor connected for operation on 460 volts, 3 phase, 60 hertz, 4 wire service, with 40 feet of submersible cable (SUBCAB) suitable for submersible pump applications. C. The power cable shall be sized according to NEC and ICEA standards and also meet with P-MSHA Approval. D. The pump shall be supplied with a mating cast iron eight (8) inch discharge connection and be capable of delivering 2,463 GPM at 47 feet TDH with a minimum pump efficiency of 76.9% and a specific energy of 219 kW/MGal. An additional point on the same curve shall be 2,015 GPM at 56 feet total head with a minimum pump efficiency of 79.1 % and a specific energy of 256 kW/Mgal. Shut off head shall be 97 feet (minimum). E. The pump shall be fitted with 25 feet of 5/16 inch, 304 stainless steel lifting chain. The working load of the lifting system shall be 50% greater than the pump unit weight. F. All bolts used for installation shall be 304 stainless steel or better. 2.02 DISCHARGE CONNECTION DESIGN A. The pump shall be automatically and firmly connected to the discharge connection, guided by no less than two, 3-inch, 304 stainless steel guide rails extending from the top of the station to the discharge connection. B. There shall be no need for personnel to enter the basin while lifting the pump. C. Sealing of the pumping unit to the discharge connection shall be accomplished by a machined metal -to -metal watertight contact. Sealing of the discharge interface with a diaphragm, 0-ring or profile gasket will not be acceptable. D. No portion of the pump shall bear directly on the basin floor. 2.03 PUMP CONSTRUCTION A. Major pump components shall be of grey cast iron, ASTM A-48, Class 3513, with smooth surfaces devoid of blow holes or other irregularities. All exposed nuts or bolts shall be AISI type 304 stainless steel construction. All metal surfaces coming into contact with the pumpage, other than stainless steel or brass, shall be protected by a factory applied spray coating of acrylic dispersion zinc phosphate primer with a polyester resin paint finish on the exterior of the pump. ;' Install New Backwash Basin Pump at SEWRP 11313-2 8/27/2003 I 2.06 MOTOR A. The pump motor shall be a NEMA B design, induction type with a squirrel cage rotor, shell type design, housed in an air filled, watertight chamber. B. The stator windings shall be insulated with moisture resistant Class H insulation rated for 1800C (3560F). C. The stator shall be insulated by the trickle impregnation method using Class H monomer -free polyester resin resulting in a winding fill factor of at least 95%. D. The motor shall be inverter duty rated in accordance with NEMA MGl, Part 31. E. The stator shall be heat -shrink fitted into the cast iron stator housing. The use of multiple step dip and bake -type stator insulation process is not acceptable. F. The use of bolts, pins or other fastening devices requiring penetration of the stator housing is not acceptable. G. The motor shall be designed for continuous duty handling pumped media of 400C (104°F) and capable of up to 15 evenly spaced starts per hour. H. The rotor bars and short circuit rings shall be made of cast aluminum. Thermal switches set to open at 125°C (260°F) shall be embedded in the stator lead coils to monitor the temperature of each phase winding. I. These thermal switches shall be used in conjunction with and supplemental to external motor overload protection and shall be connected to the control panel. J. The junction chamber shall be sealed off from the stator housing and shall contain a terminal board for connection of power and pilot sensor cables using threaded compression type terminals. K. The use of wire nuts or crimp -type connectors is not acceptable. The motor and the pump shall be produced by the same manufacturer. L. The combined service factor (combined effect of voltage, frequency and specific gravity) shall be a minimum of 1.15. The motor shall have a voltage tolerance of plus or minus 10%. M. The motor shall be designed for operation up to 400C (104°F) ambient and with a temperature rise not to exceed 80°C (176°F). A performance chart shall be provided upon request showing curves for torque, current, power factor, i input/output kW and efficiency. This chart shall also include data on starting current and torque. !f Install New Backwash Basin Pump at SEWRP 11313-4 8/27/2003 N. The power cable shall be sized according to the NEC and ICEA standards and shall be of sufficient length to reach the junction box without the need of any splices. O. The outer jacket of the cable shall be oil resistant chloroprene rubber. The motor and cable shall be capable of continuous submergence underwater without loss of watertight integrity to a depth of 65 feet. P. The motor horsepower shall be adequate so that the pump is non -overloading throughout the entire pump performance curve from shut-off through run -out. 2.07 BEARINGS A. The pump shaft shall rotate on two bearings. B. Motor bearings shall be permanently grease lubricated. C. The upper bearing shall be a single roller bearing. D. The lower bearing shall be a two row angular contact bearing to compensate for axial thrust and radial forces. Single row lower bearings are not acceptable. 2.08 MECHANICAL SEAL A. Each pump shall be provided with a tandem mechanical shaft seal system consisting of two totally independent seal assemblies. B. The seals shall operate in a lubricant reservoir that hydrodynamically lubricates the lapped seal faces at a constant rate. C. The lower, primary seal unit, located between the pump and the lubricant chamber, shall contain one stationary and one positively driven rotating, corrosion resistant tungsten -carbide ring. D. The upper, secondary seal unit, located between the lubricant chamber and the motor housing, shall contain one stationary and one positively driven rotating, corrosion resistant tungsten -carbide seal ring. E. Each seal interface shall be held in contact by its own spring system. F. The seals shall require neither maintenance nor adjustment nor depend on direction of rotation for sealing. G. The following seal types shall not be considered acceptable nor equal to the dual _ independent seal specified: shaft seals without positively driven rotating members, or conventional double mechanical seals containing either a common Install New Backwash Basin Pump at SEVW 11313-5 8/27/2003 single or double spring acting between the upper and lower seal faces. No system requiring a pressure differential to offset pressure and to effect sealing shall be used. H. Each pump shall be provided with a lubricant chamber for the shaft sealing system. I. The lubricant chamber shall be designed to prevent overfilling and to provide lubricant expansion capacity. J. The drain and inspection plug, with positive anti -leak seal shall be easily accessible from the outside. K. The seal system shall not rely upon the pumped media for lubrication. L. The motor shall be able to operate dry without damage while pumping under load. M. Seal lubricant shall be FDA Approved, nontoxic. A. Pump and motor shaft shall be the same unit. B. The pump shaft is an extension of the motor shaft. Couplings shall not be acceptable. C. The pump shaft shall be of carbon steel C-1035 and shall be completely isolated from the pumped liquid. 2.10 IMPELLER A. The impeller shall be of gray cast iron, Class 35B, dynamically balanced, semi - open, multi -vane, back -swept, non -clog design. B. The impeller vane leading edges shall be mechanically self -cleaned upon each rotation as they pass across a spiral groove located on the volute suction, which shall keep them clear of debris, maintaining an unobstructed leading edge. C. The impeller vanes shall have screw -shaped leading edges that are hardened to Rc 45 and shall be capable of handling solids, fibrous materials, heavy sludge and other matter found in waste water. D. The screw shape of the impeller inlet shall provide an inducing effect for the handling of sludge and rag -laden wastewater. E. Impellers shall be locked to the shaft and shall be coated with alkyd resin primer. t Install New Backwash Basin Pump at SEWRP 11313-6 8/27/2003 2.11 VOLUTE BOTTOM/INSERT RING A. The pump volute shall be of A48 Class 35B gray cast iron and shall have integral spiral shaped cast groove(s) at the suction of the volute. B. The internal volute bottom or insert ring shall provide effective sealing between - the pump volute and the multi -vane, semi -open impeller. C. The sharp spiral groove(s) shall provide the shearing edge(s) across which each -' impeller vane leading edge shall cross during its rotation in order to remain unobstructed. D. The clearance between the internal volute bottom and the impeller leading edges shall be adjustable. 2.12 PROTECTION A. All stators shall incorporate thermal switches in series to monitor the temperature of each phase winding. B. The thermal switches shall open at 125°C (260°F), stop the motor and activate an alarm. C. A leakage sensor shall be installed to detect water in the stator chamber. The Float Leakage Sensor (FLS) is a small float switch used to detect the presence of water in the stator chamber. D. When activated, the FLS will stop the motor and send an alarm both local and/or remote. USE OF VOLTAGE SENSITIVE SOLID STATE SENSORS AND TRIP TEMPERATURE ABOVE 125°C (260°F) SHALL NOT BE ALLOWED. E. The thermal switches and FLS shall be connected to a Mini CAS (Control and Status) monitoring unit. F. The Mini CAS shall be designed to be mounted in any control panel. 2.13 GUIDE RAIL SYSTEM A. Guide rail: Two minimum, 3-inch diameter, 304 stainless steel B. Upper rail mountibracket: 304 stainless steel for 3-inch guide rails C. Lower mount: constructed integral to discharge elbow Install New Backwash Basin Pump at SEWRP 11313-7 8/27/2003 2.14 ELECTRICAL A. Wire: Wire shall be classified XHHW. l . Pull wire from the pump location through existing conduits, into the existing electrical cabinet located inside the Secondary Sludge Pumping Building for the proposed new submersible pump. 2. Pull additional wire from the pump location through existing conduits, into the existing electrical cabinet located inside the Secondary Sludge Pumping Building for a submersible pump to be installed in the future. B. Junction Box: Terminate all pump leads in a NEMA 4X, 304 stainless steel electrical junction box with a block type terminal that the contractor will provide and install. C. Control Panel: Connect into an existing electrical cabinet located inside the Secondary Sludge Pumping Building. D. Exterior Control Buttons: Tie-in the existing wires for the exterior control buttons at the control panel E. Level Controls: Tie-in the existing wires for the level control at the control panel. 2.15 PUMP MANUFACTURER A. A pump that meets the specification is the Flygt, model NP3201 with a 640 impeller manufactured by ITT industries, or approved equal. PART 3 EXECUTION 3.01 SERVICE A. Factory trained service personnel must be able to be on site within 24 hours of service call. B. Start up. Manufacturer will provide a representative for installation and startup supervision. Representative will be onsite during the pump installations to ensure proper installation. Representative will be on site to provide start up services including, but not limited to, control and electrical circuit inspection and performance testing. END OF SECTION Install New Backwash Basin Pump at SEVW 11313-8 9/16/2003 SECTION 15202 DISCHARGE PIPING PART1 GENERAL 1.01 SECTION INCLUDES A. Discharge Elbow B. Vertical Discharge Piping C. Fittings D. Spool E. Air Release Valve F. Check Valve 1.02 WORK INCLUDED A. Contractor shall be responsible for providing and installing all piping and fittings necessary for a complete pump installation, unless otherwise specified. 1.03 SUBMITTALS A. Provide three copies of submittals information for review and approval by the Engineer. B. Product Data. Submit manufacturer's descriptive data for all fittings, valves and piping used. C. Affidavits of compliance with appropriate standards D. Product warranties. E. Manufacturer's installation instructions for valves. F. Manufacturer's operation and maintenance data for valves. 1.04 WARRANTY A. Minimum 1 year manufacturer's warranty on all valves. Install New Backwash Basin Pump at SEVW 15202-1 8/27/2003 PART 2 PRODUCTS 2.00 DISCHARGE ELBOW A. Discharge elbow shall be 8" x 8" B. Discharge elbow will have an integral lower guide rail mount 2.01 VERTICAL DISCHARGE PIPING A. 8" PVC, AWWA C-900, DR 14 2.02 FITTINGS A. Ductile iron, ANSI/AWWA C110/A21.10 or ANSI/AWWA C153/A21.53, Class 350. B. Fittings shall be cement lined to meet ANSI/AWWA C104/A21.4. 2.03 SPOOL A. Cut to fit, flange -plain ends, ductile iron, Class 350, ANSI/AWWA C150/A21.50- 81, ANSI/AWWA C I 04/A21.4-80, ANSI/AWWA C151/A21.51-81. 2.04 AIR RELEASE VALVE A. Wastewater air release valve shall be an automatic float operated valve designed to release accumulated air from a piping system while the system is in operation and under pressure. Valve shall operate under pressures up to 150 psi. Valve shall be sized to accommodate a maximum pump capacity of 2500 gpm. B. The valves shall have full size NPT inlets and outlets equal to the nominal valve size. The body inlet connection shall be hexagonal for a wrench connection. The body shall have 2" NPT cleanout and 1" NPT drain connections on the sides of the casting. The cover shall be bolted to the valve body and sealed with a flat gasket. A threaded adjustable orifice button shall provide drop tight shut off to the full valve pressure rating. C. Floats shall be unconditionally guaranteed against failure including pressure surges. Extended mechanical linkage shall provide suitable mechanical advantage so that the valve will open under full operating pressure. _ D. The valve body and cover shall be constructed of ASTM A126 Class B cast iron. The orifice, float and linkage mechanism shall be constructed or Type 304 stainless steel. Non-metallic floats or linkage mechanisms are not acceptable. ._r The orifice button shall be Buna-N. Install New Backwash Basin Pump at SEWRP 15202-2 9/16/2003 E. A wastewater air release valve that meets specifications is Series 48ABW as manufactured by Val-Matic® Valve & Mfg. Corporation, Elmhurst, IL. USA, or approved equal. 2.05 CHECK VALVE A. Check valve shall be of the flanged, flexible disc, full -body check valve type with no internal moving parts except the closure disc. Valves shall be rated to 286 CWP. B. The valve body shall be constructed of ductile iron ASTM A-536 Grade 65-45-12 with flow equal to the nominal pipe inside diameter throughout the valve. Seat shall be constructed on a 45-degree angle to reduce disc travel and provide higher flow rates. The seat and internal body shall be fully coated with a two part thermosetting epoxy suitable for wastewater applications C. The domed bonnet shall be manufactured of ductile iron ASTM A-536 Grade 65- 45-12. The bonnet -to -body seal shall be provided by a gasket to allow easy removal and replacement of the access bonnet. Bonnet bolting shall be SAE Grade 5 or better. D. The flexible disc shall feature a fully encapsulated steel pressure plate with integral molded "o" ring on the face of the elastomer. Nylon reinforcements shall be provided in the flexible hinge area of the disc assembly E. A flexible disc check valve meeting the specification is the Series 850 Flex Check as manufactured by Milliken Valve Company of Bethlehem, Pennsylvania, or approved equal. PART 3 EXECUTION MIM41 END OF SECTION Install New Backwash Basin Pump at SEVW 15202-3 9/16/2003 I 7 _i Concrete Platform —Top Uoncrete Ylattorm--Bottom Install New Backwash Basin Pump at SE)WRP 8/27/2003 8" Flanged Stub -out - � "MF R Piping, fittings and check valve °z to be by City removed prior to construction start Install new ductile iron spool piece, air release valve, and check valve Discharge Piping —inside vault Install New Backwash Basin Pump at SEWRP 8/27/2003 0 Electrical Conduit Electrical Conduit --Spares Install New Backwash Basin Pump at SEWRP 8/27/2003 4 Electrical Conduit Electrical Conduit --Spares Install New Backwash Basin Pump at SEWRP 8/27/2003 L Electrical Conduit —Duct Bank at Pump House Basement Electrical Conduit —Duct Bank at Pump House Install New Backwash Basin Pump at SEWRP 8/27/2003 L i _j Electrical Conduit —Electrical Panel Electrical Cabinet L' Install New Backwash Basin Pump at SEVW 8/27/2003