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HomeMy WebLinkAboutResolution - 2002-R0542 - Contract For Water Main Re-Route - J7D Pipeline & Construction, Inc. - 12/12/2002Resolution No. 2002-80542 December 12, 2002 Item No. 46 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 the twenty - inch water main re-route for freeway project, by and between the City of Lubbock and J & D Pipeline & Construction, Inc. of Midland, 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 12th ATTEST: y� Rebecca Garza, Secretary APPROVED AS TO CONTENT: qi��K Victor Kilma , Purchasing Manager APPROVED AS TO FORM: 'D&hald G. Vandiver First Assistant City Attorney gs/ccdocs/Contract-J&D Pipeline.res Dec. 2, 2002 day of Dpcemher -2002- BOND CHECK P_ST i� Tll G _----._ LICENSED IN TEXAS DATE Lt- By J45 CITY OF LUBBOCK SPECIFICATIONS FOR TWENTY -INCH WATER MAIN RE-ROUTE FOR FREEEWAY PROJECT ITB #256-02/BM "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas 0 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 ITB #256-02/BM, Addendum #3 ADDENDUM #3 ITB # 256-02/BM Twenty -Inch Water Main Re -Route for Freeway Project MAILED TO VENDOR: November 15, 2002 CLOSE DATE: November 19, 2002 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 question and answer: QUESTION: Specification sheet 02512-1: Part 1 1.3 System Description: 1. Minimum design working pressure for pipe, fittings, and other water line accessories is 150 psig. This would be DR 25. 2: Minimum Dimension Ratios (DR) or pipe pressure classes are as follows: a. PVC DR18 this is 265 psig. Which class is required? DR 18 or DR 25. ANSWER: The PVC pipe requirement will be AWWA C-905 pipe with a DR18. The 235 -psi rating does not include surge pressure. The surge pressure loss calculates to about 80 psi, which gives a working pressure rating of 155 psi. All requests for additional information or clarification must be submitted in writing and directedto: 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: bmacnair@mail.ci.Lubbock.tx.us THANK YOU, CITY OF LUBBOCK ruce MacNair Senior Buyer pow ITB#256-02/BM Ad 3.doc e City of Lubbock PURCHASING DEPARTMENT ROOM 104, MUNICIPAL BUILDING 1625 13TH STREET +A LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.tubbock.tx.us 0 0 ITB # 256-02/13M. Addendum #2 ADDENDUM #2 ITB # 256-02/BM Twenty -Inch Water Main Re-route for Freeway Project MAILED TO VENDOR: November 12, 2002 CLOSE DATE: November 19, 2002 @ 1:00 P.M. CST 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. All Bidders must submit their bid on the UNIT PRICE BID CONTRACT BID SUBMITTAL form, attached. 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: bmacnair@mait.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK uce MacNair Senior Buyer ITB#256-02/BM Ad 2.doc BID SUBMITTAL UNIT PRICE BID CONTRACT DATE: ITB # 256-02/BM, Addendum #2 PROJECT NUMBER: #256-02/13M -TWENTY-INCH WATER MAIN RE-ROUTE FOR FREEEWAY PROJECT ;.. (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 TWENTY -INCH WATER MAIN RE- ROUTE FOR FREEEWAY PROJECT having carefully examined the plans, 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 under the contract documents. ,., Item Units and Item Unit Total No. Quantity Description Price Amount 1. 2317 FT Furnish, deliver and install 20 -inch diameter class 150 approved municipal water pipe in open cut trench, including all equipment, tools, labor, trench safety and traffic control. SERVICES: dollars cents ($ /FT) ($ ) MATERIALS: dollars cents ($ /FT) ($ ) *- TOTAL: dollars cents ($ /FT) ($ ) 2. 520 FT Furnish, deliver and install 36 -inch casing in open cut trench, complete in place including 20 -inch carrier pipe and all appurtenances and casing spacers as recommended by the pipe manufacturer. This item shall include all equipment, tools, labor, trench safety and traffic - control. SERVICES: dollars cents ($ /FT) ($ ) MATERIALS: dollars cents ($ /FT) ($ ) TOTAL: dollars cents ($ /FT) ($ ) 3. 180 FT Furnish, deliver and install 36 -inch casing in Bore or Tunnel under U.S. Highway 62/82, complete in place including 20 -inch carrier pipe and all appurtenances and casing spacers as recommended by the pipe manufacturer. This item shall include all equipment, tools, labor, trench safety and traffic control. SERVICES: dollars cents ($ /FT) ($ ) MATERIALS: dollars cents ($ /FT) ($ ) TOTAL: dollars cents ($ /FT) ($ 1 ITB#256-02/BM Ad 2.doc Ii ITB # 256-02/BM, Addendum #2 4. 40 FT Furnish, deliver and install 8 -inch class 150 approved municipal water pipe at locations specified on the plans. This item shall include all equipment, tools, labor, trench safety and traffic control. 0 ITB#256-02/8M Ad 2.doc SERVICES: dollars cents ($ /FT) ($ ) MATERIALS: dollars cents ($ /FT) ($ ) TOTAL: dollars cents (,$ /FT) ($ } 5. 2 EA Furnish, deliver and install 20 -inch diameter butterfly valves as herein specified at locations shown on the attached plans. This item shall include all equipment, tools, labor, trench safety and traffic control. a SERVICES: dollars cents ($ /EA) ($ ) MATERIALS: dollars cents (-$ /EA) ($ ) TOTAL: dollars cents ($ /EA) ($ ) 6. 2 EA Furnish, deliver and install 8 -inch diameter gate valves as herein specified at locations shown on the attached plans. This item shall include all equipment, tools, labor, trench safety. and traffic control. SERVICES: dollars cents ($ /EA) ($ ) -^ MATERIALS: dollars cents ($ /EA) . ($ ) TOTAL: dollars cents ($ /EA) ($ 7. 1 EA Furnish, deliver and install 8 -inch by 10 -inch stainless steel tapping sleeve and valve on 10 - inch AC pipe at the location shown on the attached plans. This item shall include all equipment, tools, labor, trench safety and traffic control. SERVICES: dollars cents ($ /EA) ($ ) MATERIALS: dollars cents ($ /EA) ($ TOTAL: dollars cents ($ /EA) ($ .o 8. 2 EA Furnish, deliver and install 20 -inch diameter class 150 approved 45 degree bends, including all equipment, tools, labor, trench safety and traffic control. SERVICES: dollars cents ($ /EA) ($ ) MATERIALS: dollars cents ($ /EA) ($ ) TOTAL: dollars cents ($ /EA) ($ ) 9. 2 EA Furnish, deliver and install 20 -inch diameter class 150 approved 11 % degree bends, including all equipment, tools, labor, trench safety and traffic control. r. SERVICES: dollars cents ($ /EA) ($ ) MATERIALS: dollars cents ($ /EA) ($ ) TOTAL: dollars cents ($ /EA) ($ ) 10. 3 EA Furnish, deliver and install 20 -inch diameter class 150 approved 90 degree bends, including all equipment, tools, labor, trench safety and traffic control. SERVICES: dollars cents ($ /EA) ($ ) MATERIALS: dollars cents ($ /EA) ($ ) TOTAL: dollars cents ($ /EA) ($ ) 0 ITB#256-02/8M Ad 2.doc ITB # 256-02BM, Addendum #2 11. 1 EA Furnish, deliver and install 20 -inch by 20 -inch diameter class 150 approved Tee, including all equipment, tools, labor, trench safety and traffic control. SERVICES: dollars cents ($ /EA) ($ ) MATERIALS: dollars cents ($ /EA) ($ ) TOTAL: dollars cents ($ /EA) ($ ) 12. 2 EA Furnish, deliver and install 8 -inch diameter class 150 approved 90 degree bends, including all equipment, tools, labor, trench safety and traffic control. SERVICES: dollars cents ($ IEA) ($ ) MATERIALS: dollars cents ($ /EA) ($ TOTAL: dollars cents ($ IEA) ($ ) �., 13. 2 EA Furnish, deliver and install Adapters to tie to Gifford Hill American Pipe P — 303 class 150 pipe, including all equipment, tools, labor, trench safety and traffic control. SERVICES: dollars cents ($ /EA) ($ ) MATERIALS: dollars cents ($ /EA) ($ ) TOTAL: dollars cents ($ /EA) ($ 1 TOTAL BID (ITEMS 1 —13): SERVICES: ($ ) MATERIALS: ($ ) TOTAL BID (ITEMS 1-13): ($ ) (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 fully complete the project within 90 (NINETY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay PW to Owner as liquidated damages the sum of $500 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. . Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, ITB#256-02/BM Ad 2.doc ow ITB # 256-02/BM, Addendum #2 payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ J, 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: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: I Woman Hispanic W-2 ITB#256-02/BM Ad 2.doc n. Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: - Fax: - Pacific American I I Other City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 7 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us .m ITB # 256-02/BM, Addendum #1 ADDENDUM #1 ITB # 256-02/BM Twenty -Inch Water Main Re-route for Freeway Project MAILED TO VENDOR: November 11, 2002 CLOSE DATE: November 19, 2002 @ 1:00 P.M. CST 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 and their respective answers: A.QUESTION: For the PVC Pipe, you are asking for DR 18 and that has a pressure rating of 235psi. DR 25 has a psi rating of 165 and in the performance requirements it has a minimum design working pressure of 150 psig. May we quote the DR25 or will you require the DR18? ANSWER: For this project, if quoting PVC, the quote must be for C-905, DR 18 that has a working pressure rating of 157 psi. B.QUESTION: On the fittings, you are asking for C110 fittings. The C153 Compact fittings will meet the requirements of AWWA C110 and they are cement lined. May we quote the C153 Compact Fittings? ANSWER: The short radius fittings C-153 wilt be approved. C.UEQ STION: Witt the City require Joint Restraints on this project or will regular accessories be adequate. ANSWER: Joint restraints will be required as per pipe manufactures recommendation at all bends. D. QUESTIOW Concerning the Butterfly Valves, you are asking for flanged ends. Since these valves will be direct bury could we quote mechanical joint ends? ANSWER: Mechanical Joint Butterfly valves will be approved. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to or Email to: ITB#256-02/BM Ad 1.doc Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOC ce MacNair Senior Buyer CITY OF LUBBOCK INVITATION TO BID FOR TITLE: TWENTY -INCH WATER MAIN RE-ROUTE FOR FREEEWAY PROJECT ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 256-02/BM PROJECT NUMBER: 9742.9103.10000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS ,, 10. SPECIFICATIONS r^� NOTICE TO BIDDERS r mow lz NOTICE TO BIDDERS ITB #256-02/13M 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 o.m. on the 19th day of November, 2002, oras 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: "TWENTY -INCH WATER MAIN RE-ROUTE FOR FREEEWAY PROJECT" 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 in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 1:00 o'clock p.m. on the 19th day of November, 2002, and the City of Lubbock City Council will consider the bids on the 12th day of December, 2002, 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 su erior. 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 -man atory pre-bid conference on 12th day of November, 2002 at 9:00 o'clock a.m., in the Training Room L01,162513 Street, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13" Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained from City of Lubbock, 1625 13th Street, Lubbock, TX 79457, 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, 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. WIaWe19 1 q IL10614 VICTOR KILMAN PURCHASING MANAGER Cm— GENERAL INSTRUCTIONS TO BIDDERS *Oft r" GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish TWENTY -INCH WATER MAIN RE-ROUTE FOR FREEEWAY PROJECT per the attached specifications and contract documents. Sealed bids will be received no later than 1:00 p.m. CST, the 19th day ofNovember, 2002 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 #256-02/BM, TWENTY -INCH WATER MAIN RE-ROUTE FOR FREEEWAY PROJECT" 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 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.. November 12th. 2002 in Training Room L01 1625 13 Street 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. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. .w, 4 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. 5' 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. 6 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 CON FIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. 7 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. 8 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. 2 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, r 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 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 responsibility to advise the 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 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. BRUCE MACNAIR, SENIOR BUYER City of Lubbock 1625 13th 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 fully completed within NINETY (90) 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 '" 3 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- 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. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the 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. 4 r- 0" 19 TEXAS STATE SALES TAX 19.1 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. 19.2 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. 20 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. 21 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. 22 EXPLOSIVES 22.1 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. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 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. 23 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 -a this contract is in progress. 24 INSURANCE 24.1 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 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 n business in the State of Texas and shall cover all operations in connection with this contract, whether 5 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. 24.2 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. 25 LABOR AND WORKING HOURS 25.1 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: 25.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 25.1.2 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. 25.2 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. 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 6 R, 27 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. 28 PREPARATION FOR BID 28.1 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. 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a 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 thebid is submitted by a company or corporation, the company or corporate name and business address musf 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. 28.3 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). 28.4 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. 28.5 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. 29 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. 0) 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 n incorporated by reference into the aforementioned contract documents. 30 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 7 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 City of Lubbock reserves the right to reject any bid 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. 31 BID AWARD 31.1 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 for bid Items 1 through 14 plus the sum on any Alternate Bids the City may select. 31.2 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. 31.3 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. 31.4 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. 31.5 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. In 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. 31.6 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. 8 No Text 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.tubbock.tx.us ITB # 256-02/13M, Addendum #2. ADDENDUM #2 ITB # 256-02/BM Twenty -Inch Water Main Re-route for Freeway Project MAILED TO VENDOR: November 12, 2002 CLOSE DATE: November 19, 2002 1:00 P.M. CST 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. All Bidders must submit their bid on the UNIT PRICE BID CONTRACT BID SUBMITTAL form, attached. 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: bmacnair@mai1.ci.Lubbock.tx.us THANK YOU, CITY OF LUBBOC uce MaCNatr Senior Buyer ITB # 256-02/BM. Addendum #2 �r BID SUBMITTAL UNIT PRICE BID CONTRACT. DATE: a oo 2 - PROJECT NUMBER: #256-021BM - TWENTY -INCH WATER MAIN RE-ROUTE FOR FREEEWAY PROJECT Bid of �• � �iDELi uG T' �i�� S><rLc io.. 27AIG , (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 TWENTY -INCH WATER MAIN RE- ROUTE FOR FREEEWAY PROJECT having carefully examined the plans, 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 under the contract documents. °"° Item Units and No Quantity Item Unit Total Description Price Amount 1. 2317 FT Furnish, deliver and install 20 -inch diameter class 150 approved municipal water pipe in open cut trench, including all equipment, tools, labor, trench safety and traffic control. SERVICES: dollars n /FT) ($ 3 97 MATERIALS: doll f,1.11cents ($ 32 EL /FT) ($ 744 —29a 74 ) " TOTAL: dollars cents ($ 4/1 4�:Z- /FT) ($ 114, '9BO ) 2. 520 FT Furnish, deliver and install 36 -inch casing in open cut trench, complete in place including m- 20 -inch carrier pipe and all appurtenances and casing spacers as recommended by the pipe manufacturer. This item shall include all equipment, tools, labor, trench safety and traffic control. SERVICES: dollars eri _Jents ($ X7_373 /FT) ($ /�, 9,3,9 MATERIALS: dol lars aw;& mgAcents ($ 89--` /FT) ($ 4e6.' :2S_!5' TOTAL: P m dollars A. Xk -/...cents ($ 11 -3 G IFT) ($ 5-9�oy.2 3. 180 FT Furnish, deliver and install 36 -inch casing in Bore or Tunnel under U.S. Highway 62/82, complete in place including 20 -inch carrier pipe and all appurtenances and casing spacers as recommended by the pipe manufacturer. This item shall include all equipment, tools, labor, trench safety and traffic control. SERVICES: �n,o���, dollarszktd cents ($ /G/ /FT) ($ 029, o z =� ) MATERIALS: .tea%�` dollars ents ($ ifg' /FT) ($ /G /R.3 ) j TOTAL:" - �� � - e�. -y dollars �✓� cents ($ a7. �L �' /FT) ($ 4_5,21& -sr ) ITB#256-02IBM Ad 2.doc on ITB # 256-021BM, Addendum #2 4. 40 FT Furnish, deliver and install 8 -inch class 150 approved municipal water pipe at locations specified on the plans. This item shall include all equipment, tools, labor, trench safety and traffic control. SERVICES: _e�dollars,12,; >r cents ($ /,3 �9 /FT) ($ S.Z 7 � )t MATERIALS: A&k dollars A,, . cents ($ G -Y /FT) ($ p2 yG m ) TOTAL: dollars l ,3Q4ents ($ /9,& /FT) ($ ? 5. 2 EA Furnish, deliver and.install 20 -inch diameter butterfly valves as herein specified at locations shown on the attached plans. This item shall include all equipment, tools, labor, trench safety and traffic control. P" including all equipment, tools, labor, trench safety and traffic control: SERVICES:dollars ents(g O 83 /EA) ($ /b37 SERVICES: 'ollars ents AW J—" /EA) ($ dollars nts MATERIALS: doili j.,cents ($ 30.50 Z /EA) ($ G /D y. TOTAL: TOTAL: z dollars,D-cents ($R90!� /EA) ($ -7 Me ($ /7J7. i /EA) ($ -5 75 �-� 6. 2 EA Furnish, deliver and install 8 -inch diameter gate valves as herein specified at locations shown on the attached plans. This item shall include all equipment, tools, labor, trench safety and traffic control. SERVICES: - dollars cents ($ S' 1�- /EA) ($ F MATERIALS: dollars ents ($ 7SG sa /EA) . ($ TOTAL: 01 i � dollars.ti,d"e,66,qents ($ 814193 /EA) i$ 14.29 sv40 ) 7. 1 EA Furnish, deliver and install 8 -inch by 10 -inch stainless steel tapping sleeve and valve on 10 - inch AC pipe at the location shown on the attached plans. This item shall include all equipment, tools, labor, trench safety and traffic control. SERVICES: ollars nts ($ 43ao8 " /EA) ($ /3eB eo ) MATERIALS: liars nts ($ s7 /EA) ($ / y.3 3 :LZ TOTAL: dollars cents ($ af3DZ ys /EA) ($ a get, a �`-� A 8. 2 EA Furnish, deliver and install 20 -inch diameter class 150 approved 45 degree bends, including all equipment, tools, labor, trench safety and traffic control. SERVICES: dollars ents ($ .5'/6 Of ($ /D3�i 7G MATERIALS:/EA) nts ($ /a218 `f 3 /EA) ($ 5z.3'-7 TOTAL: ��i G,�dO ,.....dollars aizi �a cents ($ /737 8/- /EA) ($ 35175 1 1 9. 2 EA Furnish, deliver and install 20 -inch diameter class 150 approved 11 '/< degree bends, P" including all equipment, tools, labor, trench safety and traffic control: SERVICES:dollars ents(g O 83 /EA) ($ /b37 MATERIAL dollars nts ($ /o?/ 2. /EA) ($ x7513178.1 y. TOTAL: ollars ents ($ /7J7. i /EA) ($ -5 75 �-� ) ✓� 10. 3 EA Furnish, deliver and install 20 -inch diameter class 150 approved 90 degree bends, including all equipment, tools, labor, trench safety and traffic control. SERVICES: ��� iollars&&IL,&tt .cents ($ 55e8 fy IEA) ($ 7 MATERIALS:dollars,vi..&ents ($/,z/-7!kuX /EA) ($ 4Lo2S` TOTAL: n�:.. ..- _,� dollarsa,Y,Sz z cents ($ /944 4 /EA) ($ 158 9 9 4 ) I a" ITB#256-02/BM Ad 2.doc Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. ' The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar -days after the scheduled closing time for receiving bids. The undersigned Bidder hereby, declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has -bid; as provided in the.contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, .." IT121#256-02112110 Ad 2.doc ITB # 256-02/BM, Addendum #2 rim! 11. 1 EA Furnish, deliver and install 20 -inch by 20 -inch diameter class 150 approved Tee, including all equipment, tools, labor, trench safety and traffic control. SERVICES: d ollars--f -C'.ents ($ 55 8 99 /EA) ($ s4eggf ) .", MATERIALS. � dollars ' ents ($ 02 ) ($ 02 / / 9'E-0 ) = TOTAL7%. ,Q�s/,�- ollarsnts ($ a2GG8 /EA) ($ e2loG 8 ) '✓ 12. 2 EA Furnish, deliver and install 8 -inch diameter class 150 approved 90 degree bends, including .all equipment, tools, labor, trench safety and traffic control. e 071. 4—J.- r0-l.Qsuc� .. SERVICES:/EA) SERVICES: e dollars ate.. -cents ($ ($ MATERIALS: dollars ents ($ /9_6-19 IEA) ($ TOTAL: 7:Lm ��� iar,dollars cents ($ 0297�� /EA) ($ '"" 13. 2 EA Furnish, deliver and install Adapters to tie to Gifford Hill American Pipe P — 303 class 150 pipe, including all equipment, tools, labor, trench safety and traffic control. SERVICES:��-� d..,�llarse,�ew cents ($ /7 f 9 G� /EA) ($ .�, MATERIALS:�. cents ($ �t.33� ($8'�?,1 TOTAL:,r.,��.�.� ,�.� dollar s,(�r� dents ($ S9g4't!� /EA) TOTAL BID (ITEMS 1 —13): 88 3 `�s SERVICES: MATERIALS: ($ TOTAL BID (ITEMS 1-13): 7>�c�,�:/ ��. ��$ o�✓r"J`J5�09 J ) - _ (Amount shall be shown in both words and numerals. In case of discrepaTicy, the amount shown in words shall govem.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. ' The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar -days after the scheduled closing time for receiving bids. The undersigned Bidder hereby, declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has -bid; as provided in the.contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, .." IT121#256-02112110 Ad 2.doc ITB # 256-02/BM, Addendum #2 payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required)'within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for f� Dollars ($ 1 or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and r ; 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. Date: Au horized 51990, tBr6�nchamp Vice PresidenVSecretary (Seal if Bidder is a Corporation) ATTEST: Lisa Beauchamp Vice PresidenVSecretary Secretary Bidder acknowledges receipt of the following addenda: Addenda No. / Date //-//-D Z. Addenda No. Z- Date i/- /2.0 2. Addenda No. 3 Date /t- p 2, Addenda No. Date NIMBE Firm: I d I Woman *"� ITB#256-02/BM Ad 2.doc (Printed or Typed Name) Fax: 9IS' - American Company Address ` p City, County 2 1-7/I State Zip Code Telephone: 5715 -O--�lo/ Fax: 9IS' - American it 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 I 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. I"'I Contractor (Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: J?�D � (::onsfvuc�.e., . (Print or Type) CONTRACTOR'S FIRM ADDRESS: Pe:), L?ax 1o08oJ 72,41 &14,i r.( TX 797// Name of Agent/Broker: <,,- /,t/u�E� 7 - Address Address of Agent/Broker: //D /1% y���_����/ City/State/Zip: ln,'W /ted _ -7 X Agent/Broker Telephone Number: ( 91-5) Date: 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. BID #256-02113M - TWENTY -INCH WATER MAIN RE-ROUTE FOR FREEEWAY PROJECT 6 INSURANCE COMPANY OF THE WEST P.O. Box 85563, San Diego, CA 92186-5563 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: x That we, J & D Pipeline & Construction, Inc. (hereinafter called the Principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of Texas !^ as Surety, are held and firmly bound unto City of Lubbock, Texas (hereinafter called the obligee) in the just and full sum of Five Percent of Greatest Amount Bid-------- Dollars ($-""'--(5 010)--------- �,, lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION. OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bound Principal as.aforesaid, is about to hand in and submit to the obligee a bid or proposal dated November 19, 2002 for Twenty Inch Water Main Re -Route for Freeway Project in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence satisfactory to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed, sealed and dated: November 19, 2002 �" "" ICWTX 409 (06192) Principal J & D Pipeline & Construction, Inc by (Seal) INSURANCE C9M�ANY OF HE WEST by in J. Wlr m No. 0001740 awl+q, tltauq Mph INSURANCE COMPANY OF THE WEST •• °P0� �4o THE EXPLORER INSURANCE COMPANY b• + • INDEPENDENCE CASUALTY AND SURETY COMPANY SEAL „ a r �kaglM' yl 1JA � . John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego On January 16, 2001; before me, Norma porter, Notary Public, personally appeared John L. Haunum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. NORMA.PORTER . " COMM.#1257540 yv a► Gs. N AC .OAA SNDIEDCQUINyyCiExpires N/w19,2004 Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related . docun*hts. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying."- . CERTIFICATE.. L the undersigned, Assistant. of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. INWTTNESSWHEREOF,Ihave set myhand this 19th dayof November 2002 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may. call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For infomration or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. :zm PERFORMANCE BOND pp, Bond No. 188 70 29 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) J & D Pipeline & Construction, Inc. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and Insurance Company of the West (hereinafter called the Sure (s), as Suret (V, are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of hgndNe rIftp five tkONR L -Dollars ($255, 469.44) lawful money of the nL7r in red c� xfi� 71i na 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 12tlday of December ,20 Otto Bid #256-02/BM Twenty inch Water Main Re -Route for Freewav Proiect. and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 20th day of ' December , 2002 . Insurance ComDaxvb of the est Surety a * By. (Title) Kevin J1 Dunn, Attorney -In -Fact J & D Pipeline & Construction, Inc. (Company Name) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J. Dunnan agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Insurance Company of the West Surety . *13 (Tife) K in J. Dunn, Attorney - In -Fact Approved as to Form City of Lubbock By: City Attorney Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. r"a. 2 No. 0001740 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies'), do hereby appoint KEVIN J. DUNN, FRED DAVIS, CARA D. HANCOCK, NUKE HENTHORN, RON STROMAN AND HAROLD BINGGELI their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. OM �6owarry�r Q tN8Ug4 r' Mad INSURANCE COMPANY OF THE WEST a.7�Nyosro oe`�oa401➢*r� yc+� ` THE EXPLORER INSURANCE COMPANY ' a SEAL es INDEPENDENCE CASUALTY AND SURETY COMPANY OMA John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego } ss. On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. NORMA PORTE -Fi u COMM. #1 257W NOTAF1yPU8:COUNTNIA SAN DIEGOO COUNTY My Commission Expires p�^ MARCH 19, 2004 Norma Porter, Notary Public w� RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: �., 'RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or Photocopying. 1. CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. y 20th y IN WITNESS WHEREOF, I have set m hand this da of December 2002 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney' Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. E" PAYMENT BOND lwz STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that J & D Pipeline & (hereinafter called the Principal(s), as Construction, Inc. Principal(s), and Insurance Company of the West (hereinafter called the Sure s), as Suretys) are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), m the amount of f�„o n re�xy-ne t Dollars ($'z55, 469.00 ) lawful money of the ' Kij f've h�9-�5? f( 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 12thday of December ,20 02,to Bid #256-02/BM - Twenty inch Water Main Re -Route for Freeway Project. 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 20th day of December 2002 , Insurance In -Fact J & D Pipeline & Construction, Inc (Company Name) By: l�?� <J f..✓� (Printedlam 7>Ltu' U -I'- (Title) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby OP--, designates Kevin J. Dunn an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Insurance Company of the West Surety �~ *13 , (Titl Kevi J . Dunn, ttorney-In-Fact Approved as to form: City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 Idd 0 FS No. 0001740 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies'), do hereby appoint KEVIN J. DUNN, FRED DAVIS, CARA D. HANCOCK, MIKE HEN'THORN, RON STROMAN AND HAROLD BINGGELI their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. ppMPAN), 1N8Uq 'Wp �A�� i O�O6aRPOg,�f'4,j�iA G� d�� SEAL e, SILNO1NiJ' 'yl A� Ory � John H. Craig, Assistant Secretary State of California County of San Diego ss. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. NORMA.PORTF11 COMM. #1257540 ��yy NOTAAYmEGO ; C UtFORNIA V SAN DIEGO COUNTY My Cnmrrussign Expires MARCH 19,2004 Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE 1, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 20th day of December 2002 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. IMPORTANT NOTICE To obtain information or 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 # (512)475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas 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. CERTIFICATE OF INSURANCE r P L Dsc-20-02 03:28pn . From -CITY OF LUBBOCK-PURCHASING 8067762184 T-210 P.02/02 F-264 CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: ' REVISED 1/3/03 P.O. E;OX 20140 LUBISOCK, TX 79487 TYPe OP PROJECT. THIS 18 TO CERTIFY THAT J&D Pipeline & Cons ruct:Lon, 1r(Nams and Address of Insured) Is, at the date of this c.ertifloate, Insured by this Company vrdh respect to the business operations hereinafter described, for the typed of Insurance and In accordance with the provisions of the tlfandard policies used by this company, tha further hersinafter described. Exceptions to standard policy noted hereon, Poor wallimox POLICY NUMBER EFFECTNE FIF E MITE DATE CATS A9 Cbmmordal asnenel Liability 2000000 General nagrepaUo i` 0 0 msMade ocwrtancm 06GL000109.67 12/28%02 12/28/03 Produem-ComplOpAGG Paraoral & Adv. Inlu4r pop Cwwaacontraetarapmtecdv 040CP568 1/2/03 3/2/03. Each 0=rtan*q one SM) Flr.tM100000 Mid-Coatinen 19 Casualty Co. Med Exp (Any ono IMUDED JW077VE IJABIUTY aambmod sl�o L1fl,it 1000000 o Ownedautoe Sohaduled Autod 06TX00002669 12'/28/02 12/28/03 a yjyuyPftirrPAcd sn" 4 Auma Mid-Contineu Property osmose 8 NorrOwned Autos Casualty Co. a Any Atf MIY Apt OA ddeM ; 0 tn0►: Each Aoeldent f3 - A�tegabe S �_ 13 u R1 n10Qbt, of aha ToW Canhaa Pd ti Cl JAWALLAWON FLG0 R 3 WOWS MFOM UXC6200580 12/28/02 1/28/03 3000000 c data00110 o 011terT mn umbrella Form �at:eretate Fire & CasuaLty S EMPLOYF_W LL481UZY Ito Propria d Included PamenfE> w4cled stak taay Umlte 6aeh Aeddant : 1000000 OfAeareate: TSPQ00053159 12/28/02 12/28/03 1313eaa0ft$W UW4 ; Texas Mutual us Cc Dlaeeee-Esdt Employee 3 !�^ 7 -City of Lubbock is named as, additional insured on alt pols.cles k"xCept w4J&' as re4ired by written contai�act:. Waiver of Subrogation is provide izti their favor as The a '�147b l� r��itdr by appropriate endorsement proviae that the may not be chengad or canceled the Insurer in less then e I I time required after the Insured lies race written t5q�lee o! such change or canceliat , or In Baso thero is ZOO re�ulrement, in Imes than five days In advance of canNallatton. FIVE COPIES OF THE CE IFiCATe OF INSURANCE MUST BE SENT TO THE CfrV OF LUBBOCK 8Y Mike Harithorn, Pres. The lnsurancs Certificates FumIshed shalt name the City of. Lubbock as an Additional Insured and provide a Waiver of Subragatlon In fsvar of the City of Lubbock. Z00/Z00'd LTLG# 1 ZSSMAII 09D£-OLG-GT6 LG:£T £00Z&£0*NVD Dec -20-02 08:28pn Prom -CITY OF LUBBOCK-PURCHASING 8067762184 T-210 P.02/02 P.-284 CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: 12/ . 27/ 02 P.C. BOK 2000 LUBBOCK, TX 70467 TYPe OIP PROJECT: THIS IS TO CERTIFY THAT J&D Pipeline & Consruction, Ir(pjame and Address of Insured) is, at P7 the data of this certificate. Insured by this Company wlih respect to the business operations hereinafter described, for the typed of insurance and In accordance with the provisions of the standard pollelee Usad by this company, the further hereinafter described. ftcaptlons to standard policy noted hereon. pa OF I S suds POLICY NUMBER EFF6071 UMITS 9AT11 DATE Commercial General tJabill(i/ o Claim�Made teeneral Aggregate B 2000000 P6=mlComv.I*-1I ' K 06t'sL00010967 12/28/02 12/28/03 Asreonal b Adv, Irdu � e convactore Prcitedm Each occurrence S Luuuvuv AM Cana" (Any one Fire)' oMid-Cont hien 100000 Casualty Co. Mad Sxp Wy one P UDED R" T Auto Combined SINIG umlts 1000000 — PW 0 All Owned Autos ScheduledAutos 06TX00002669 12/28/02. 12/28/03 Bogy Injury Pamast 9oQAylmjuryMAaddenq Mired Autos Mid -Continent Properd► Damage 3 . Nort4o►vned Autoe Casualty Co. "RAW MaWry 0 Any Auto Auto Only- Each Aaadent i Other than Auto Only: Eaah:eaAe,dentSUILDERS RISK rI 100% of the Totes Contract Fl(Q4s >< CI INSTALLA77ON FLOA72R j9=968 uAeama� vmbroAsF�orm � s 3000000 9t 11MC6100580 12/28/021/28/03 aaoreoeto sNOLMOD— Q othorThan Utnbreile Form Interstate Fire & Casu ty OM. PLOY islarl B The Proprlserr_ InG ITSPQ000531593112/28/02 swum Llmha 1000000 ti Parinmsign Ave Exduded ofAcamare; 12/28/03 Each Accldaa OleoaeePGWYWm►t i e.Ee Olson" ch empioyoo Texas Mutual ns Co Eity of Lubbock is named as additional lusurea on ai.t po.La-uLas %--F6 „vi A as regired by written contract. Waiver of Subrogation is provide iri their favor as The �} er elft irh�'bo erlardr by appropriate endorsement provide that theeyy� meyy not be digin®ed or carie ed by the Insurer in less that a legal time required after the Insured. ties received wrltte puce of such change or Cancellation, or in case there is no Baal requirement, In less then five daysn advance of can tion. FIVE COPIES OF THL CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK' m BY. Title, Mike Renthorn, Pres . The Insurance Cerdficatee Furnished shalt name the City of Lubboaid as an Additional Insured and previde a Waiver of Subrogation In favor of the City of Lubbock. 1 . Z00/Z00'a 5T99# 00C -OLS -5T6 GV LT ZOOZ,LZ'aza DEC.19'2002 12:04 915-570-3450 INWEST #5522 P.004/004 CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK bATE., 12-19-07= P.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS 13 TO CERTIFY THAT J&A Pipeline & Construction (Name and Address of Insured) Ie. at the date of this certificate, Insured by thIs Company with respect to the bus! isss Operations hereinafter described, for the typed of ktsurance and In accordance with the provisions of the atandard pc Ilcles used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. —rr.P" DAXI; OA 6E'IVERAL 9J4l7'Y eye D ClaBriee� t3entfal UablUty ` tens l AWragaIas2 000.000 ocCurfgnr� 04GL69659 12/28)01. 12/28 02 pe ducht ju S o Owgar 8 & C4ntrHCtprs Protech Each Occurrnras 0 Fire Dernage (Any cnSe wire 1001000 s Med E+w (Any one Parson) $5, 000 AUTION0077VE UABILI7Y o Any0 d Autos Combined Single Limit $ All 0 SchedeiodAutco BAP3389751 12/28/0). 12/28(02 Bodily N*ry(PerPergon� S IY Inh+rY (Pet Aoc MON) IX Wined Antos Non.Ovmed Aureptos P efty Damage S pAR Rz UASVTY a Any Auto Auto Only - Each Accident S 0 Other than Auto Onty: w Each Accident Aggregate 0 DURDMN RI K 0 100% of ate TOW Con"at Price$ 0 INSTALLA77ON FLOAYER e" EXCESS LIASICITly Ar umbroils Form Each occurrence 6'00040003 oo 0 01her Than Umbrella Form UMC6200580 12/28/01 12/28(02 Aregote S._3,Onn.0.00 WORKERS UG—APOQUANON EMPLOYERS' UAM.J�Y The Pro�Aelor/ ii Included stakdory Limits POUKK:l8xorar11ve 0 Exchtded TSFZ00046766 ].2/28/01 12/28(02 Each Accident 31.000.000 00 Orka►'s aro: Disease Policy Limit s Disease -158th Employga ;y�Qpp�p� OTHER er.e The. above policies either in the bed thereof or by appropriate andorsemen provide that they may not be changed or canceled by the Insurer In less then he legal time required after the Insured has roceived written notice of such change or cancellation, or In cetse there Is no legal requirement, in less than five days ®dvance of cAncelletion. FIVE COPIES OFTHE CERTIFICATE OF INSURANCE Inwo6t MUST IRS SENT TO THE CITY OF LUB13OCK Name OT intsuref-I sy: Mike xszntho7^n „� Tile: President The Insurance Certificates Furnished shalt name the City of Lubbock a an Additional Insured and provide s Waiver of Subrogatton In favor of the City of Lubbock. 1 - MR T1Rr:.191?AA? 19-A1 01F—F7A-1AI; n T*tT.ry ICOR©pace CERTIFICATE OF LIABILITY INSURANCE# 22 P. oo2� 000022 TM PR 04FR (915) 570-3456 FAX (915) 570-3450 12/199/2/2E(m THIS CE FICATE 13 ISSUED AS A MATTER( OF INFORMATION Gallagher Inwest ONLY AN CONFERS NO RIGHTS UPON THE CERTIFICATE 1.10 N. Marienfeld St. HOLDER THIS CPRTIFICATE DOES NOT AMEND, EXTEND OR ALTER E COVERAGE AFFORDED BY THE POLICIES BELOW, Suite 330 Midland, TX 79701 INSURERS AFFORDING COVERAGE INSURED 30 Pipeline & Construction INLURERA! Mid -Continent Casualty Co. Inc. INSURCR R: Utica Lloyds of Texas P.O. box 60805 INSURrRC, Interstate Fire & Casualty (W. Surplus) Midland, TX 79711-0805 INSURER;: t7eMis Mutual Insurance Company ANY AUTO ALL OWNED AIJT09 INSURER C: COVERAGES 12/28/2002 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A 649 FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOU(REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R SPECT TO WHICH THIS CERTIFICATE MAY Be ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THC POLICICS DESCRIBED HEREIN IS SUBJECT 0 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. TR I TYPE OF INGURANCE POLICY NUMBER P I LIMITS G122NeAA1.LIA411LITY 4GL69659 12/29/200 12/28/2002 fACHOCCURAENCC $ 1,000 000 X �CiOMMFRCIAL C+ENERAL LIABILITY FIR[ OAMA('C (Arty w+o (Im) S 100, 000 CLAIMS MADE Q OCCUR MED EXP (Any one Damn) ® 5 000 A CERTIFICATE HOLDER City of Lubbock P.O. Box 2000 Lubbock, TX 79457 SNOULO Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TRE EXPIRATIO DATE THIRREOP, THC ISSUIN,r, COMPANY MI.L ENDEAVOR TO MAIL 10 DJS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FA(WTO MAIL SUCN NOTICE SHALL M"OSE NO OBLIGATION OR LIABILITY OF ANY KIN UPON THE COMPANY, ITS AGENTS OR REPRESCNTATTVF2 PERSONAL A ADV INJURY S 1.000 000 G[NCRAL AGGREGATE ® 2 000 00 GEN'L AGGREGATE LIMIT APPLIES PER. POLICY PRO - EC LOC PRODUCT$ .COMP/OP AUG$ 000 000 AUTOMOBR-ELIABILRY X ANY AUTO ALL OWNED AIJT09 BAP3399M 12/28/200 12/28/2002 (CEea OMOuIN6D SINGLE LIMIT dentl 1 00010 00 , 110011-Y11"URY (Por Poraon) $ Q X SCHEDULEDAUTOS HIRED AUTOS ' BODILY INJURY (Por S X NON-OWNEDAUT08 PROPERTY DAMAGE (Patw m m) S GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIOENT S OTHEA THAN EA ACC AVTO ONLY: App EACHOCCURRENCE S EXCESSLNA9MTY X OCCUR ❑ CLAIMS MARC VK6200580 12/28/2001 1.2/2$/.002 # ! 31000.00 AGGREGATE a 3,000,00 a LE d N S X TORYLIMfl'9 EABILITY tWrORKFASPENSATION ANp SQ000467666 12/29/2001 12/28/ZOOZ E.LLEACHACCIDENT S 11000*00E.L. DISEASE - CA CNIPI,M6 S 1,000, E L. DISEASE - POLICY IIM1T _ 8 1.000 CERTIFICATE HOLDER City of Lubbock P.O. Box 2000 Lubbock, TX 79457 SNOULO Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TRE EXPIRATIO DATE THIRREOP, THC ISSUIN,r, COMPANY MI.L ENDEAVOR TO MAIL 10 DJS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FA(WTO MAIL SUCN NOTICE SHALL M"OSE NO OBLIGATION OR LIABILITY OF ANY KIN UPON THE COMPANY, ITS AGENTS OR REPRESCNTATTVF2 s+, A..s AMR DEC -19'2002 12:04 915-570-3450 INWEST (7197} IMPORTANT j #5522 P.003/004 If the certificate holder is an ADDITIONAL INSURED, the pollcy(fes) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and condition of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form doesof constitute a contract between the Issuing insurer(s), authorized representative or producer, and ts certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. 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 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 CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. "" 2 REQUIRED WORKERS' COMPENSATION COVERAGE ,w„ "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 ON (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; A (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. ❑ 3 U H Z O U P" CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 12th day of December. 2002 by and between the City of ON 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 J & D PIPELINE & CONSTRUCTION INC. of the CITY OF MIDLAND, COUNTY OF MIDLAND and the STATE OF TEXAS hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #256-02/BM - TWENTY -INCH WATER MAIN RE-ROUTE FOR FREEEWAY PROJECT - $255,469.44 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 Lubb , Lubbock County, 77 Texas in the year and day first above written. ATTEST: CITY OF BBOCK S (OWNER) By: City 9ecretary F1 MAYO APP V AS O CON r Owner's Representative APPROVED AS TO FORM: Gffv Attorney ATTEST: orporate Secretary 1 CONTRACTOR: J D PIPELINE & CONSTRUCTION INC. By: (/) PRINTED NAME: Lisa Beauchamp Vice ecre ary TITLE: COMPLETE ADDRESS: J & D Pipeline & Construction Inc. - - PO Box 60805 Midland, Texas 79711 GENERAL CONDITIONS OF THE AGREEMENT e. GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER 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 J & D PIPELINE & CONSTRUCTION INC who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE n 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 CHES CARTHEL. CHIEF CIVIL 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 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 r 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 .., 1 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) N 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. r -y 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 3 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 w Representative's written consent. 3 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall 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. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all 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. 22. 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 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. 4 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 fine, 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 r» 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 a 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." �"! 5 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. 25. 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. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY 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 municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold 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, 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, $500.000.00 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; :,w„ Bodily Injury/Property Damage, $1.000.000.00 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/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. E. Umbrella Liability Insurance (Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of ;0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. 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's/person'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. 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: 8 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 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 - a paragraphs - (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 �* 9 r: rr (a) (b) 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 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 - a paragraphs - (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 �* 9 r: G 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. 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; -- (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 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; 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 E 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; ,•M► 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 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 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 Representative prior to bidding. 12 r 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 r 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 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. 36. 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. 37. 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. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, 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. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in anyway 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 w 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. A 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 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 constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 16 0 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 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. 50. BONDS 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. 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 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 Representative or to the Contractor's own employees or to any other person, firm, or corporation. 18 POW 54. CLEANING UP r- 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 e-+ CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 n EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 11.50 Air Conditioner Installer 12.50 Air Conditioner Installer -Helper 6.25 Asbestos Worker 9.00 Asbestos Supervisor 12.50 Bricklayer 12.50 Bricklayer -Helper 7.00 Carpenter 11.00 Carpenter -Helper 7.00 Cement Finisher 8.00 Drywall Hanger 11.00 Electrician 13.75 Electrician -Helper 7.00 Equipment Operator -Heavy 9.50 Equipment Operator -Light 8.50 Floor Installer 9.50 Glazier 10.50 Insulator-Piping/Boiler 11.50 Insulator -Helper 7.00 Iron Worker 11.00 Laborer -General 6.00 Mortar Mixer 6.00 Painter 9.50 Plumber 12.50 Plumber -Helper 7.00 Roofer 9.00 Roofer -Helper 7.00 Sheet Metal Worker 10.00 Sheet Metal Worker -Helper 7.00 Welder -Certified 11.00 Hourly Rate 9.00 6.00 8.00 7.00 12.00 6.00 7.00 6.25 6.00 6.75 8.00 7.00 7.75 8.00 7.75 7.25 8.00 7.25 9.50 6.75 7.25 7.25 6.50 7.00 EXHIBIT B Paving and Highway Construction !7 Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer -General Laborer -Utility Mechanic Mechanic -Helper Power Equipment Operators Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor Truck Driver -Light Truck Driver -Heavy #^* 2 Hourly Rate 9.00 6.00 8.00 7.00 12.00 6.00 7.00 6.25 6.00 6.75 8.00 7.00 7.75 8.00 7.75 7.25 8.00 7.25 9.50 6.75 7.25 7.25 6.50 7.00 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. r EXHIBIT D r-+ Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. k , OW* ISA I�1 ,. 3 m SPECIFICATIONS li City of Lubbock Public Works Engineering Re -Route 20 -inch City Water Main For Marsha Sharp Freeway Project. Technical Specifications: Seal: NSTEi 7.'M. . ac.:.ae.aeo.•spa y, •f:'� SECTION 00300 INFORMATION AVAILABLE TO BIDDERS PART 1 GENERAL 1.1 SECTION INCLUDES. Reports and supporting specifications and other documents related to the execution of the Work. -1.2 RELATED SECTIONS A. 02511- Water System Installation B. 02512- Water Systems Pipe and Fittings. C. 02513- Water Systems Valves and Accessories. D. 02445- Encased Utility Bore 1.3 INFORMATION AVAILABLE TO BIDDERS A. City of Lubbock Standard Paving Specifications. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used 00300-1 10/14/2002 s - SECTION 01110 SUMMARY OF WORK PART1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1 - General Requirements. 1.2 SECTION INCLUDES n - A. Work covered by Contract Documents. B. Contractor use of site. C. Work sequence. D. Owner acceptance of work. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A Description: The Work consists of purchase and installation of MIR 20 -inch nominal diameter water distribution pipe and associated encased utility bores, valves and various fittings. This installation is a part of the utility re -locates for the proposed Marsha Sharp Freeway. The site is more specifically shown on the attached plans. ,�. Major components include: 1. Approximately 2,317 feet of open cut 20- inch pipe installation. ,., 2. One 36 -inch steel encased bore approximately 180 feet long. 3. Two 20 -inch diameter, direct bury butterfly valves. 4. 520 feet of open cut 36- inch encasement with 20 inch pipe installed. 5. Two 8 -inch gate valves. 6. One 8 inch by 10 inch stainless steel tapping sleeve and valve •- 7. Various fittings and appurtenances. 8. Other work items necessary for the safe and orderly completion of the work; such as, traffic control, safety measures, trench ., protection, paving repair, sidewalk repair, curb and gutter repair, etc. 1.4 CONTRACTOR USE OF SITE A. Limit construction activities to the right of way and easements available. �"'" 01110-1 10/24/2002 1.5 WORK SEQUENCE A. Coordinate the construction schedule with the Owner. 1.6 OWNER ACCEPTANCE A. Owner, at it's own discretion, may accept portions of the work before the entire project is complete. PART 2 PRODUCTS r� Not Used P ART 3 EXECUTION Not Used END OF SECTION '" 01110-2 10/23/2002 SECTION 01330 ADMINISTRATIVE PROCEDURES PART1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and all Divisions 01330-1 10/14/2002 of the Contract Documents apply to work of this Section. 1.2 SECTION INCLUDES A. Submittal Procedures B. Proposed Products list. C. Product Data. D. Samples. E. Manufacturer's instructions. F. Manufacturer's certificates. 1.3 SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address and telephone number. B. Sequentially number the transmittal forms. C. Identify Project, Contractor, Subcontractor or supplier, pertinent Drawing sheet and detail number(s), and Specification section number, as appropriate. D. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to expedite the Project, and deliver to Owner's Representative at business address. Coordinate submission of related items. 01330-1 10/14/2002 1W F. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of the completed Work. G. Provide space for Contractor and Owner's Representative review stamps. H. Revise and resubmit submittals as required, identify all changes made since previous submittal. I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. J. Submittals not requested will not be recognized or processed. 1.4 RESUBMITTAL REQUIREMENTS A. Revise initial submittals as required and resubmit to meet requirements as specified. B. Mark as RESUBMITTAL. C. Re -use original transmittal numbers and supplement with sequential alphabetical suffix for each re -submittal. 1.5 PROPOSED PRODUCTS LIST A. Within 7 days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.6 SHOP DRAWINGS A. For drawings larger than 11 x 17 inches, submit in the form of one reproducible transparency and one opaque reproduction. B. For drawings 11 x 17 inches and smaller, submit the number of opaque reproductions, which Contractor requires plus four copies, which will be retained by Owner's Representative. 01330-2 10/14/2002 C. Drawing size shall be minimum 8-1/2 x 11 inches and maximum 01330-3 10/14/2002 of 30 x 42 inches. D. Details shall be drawn to a minimum size of 1-1/2 inches equal to 1 foot. E. After review, produce copies and distribute in accordance with SUBMITTAL PROCEDURES article above. 1.7 PRODUCT DATA A. Submit the number of copies the Contractor requires, plus three copies that will be retained by the Owner's Representative. B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. C. Include recommendations for application and use, and reference to compliance with specified standards of trade associations and use, and reference to compliance with specified standards of trade associations and testing agencies. D. Include notation of special coordination requirements for interfacing with adjacent work. E. After review, distribute in accordance with Article on Procedures above, and provide copies for Record Documents. 1.8 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturer's printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturer's instructions and Contract Documents. C. Indicate special procedures, conditions requiring special attention and special environment criteria required for application or installation. 1.9 MANUFACTURER'S CERTIFICATES 01330-3 10/14/2002 01330-4 10/14/2002 E A. When specified in individual specification Sections, submit manufacturer's certificate to Owner's Representative, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and Certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Owner's Representative. PART 2 PRODUCTS Not used. PART 3 EXECUTION Not used. .• END OF SECTION 01330-4 10/14/2002 k SECTION 02445 BORES AND ENCASEMENTS PART 1 GENERAL 1.1 WORK COVERED BY CONTRACT DOCUMENTS A. The section covers steel encased utility bores and placing steel encasement in open cut trenches. B. The encasement will be installed to under future and present day paved highway areas. lift C. The contractor will be responsible for the following: 1. Construction of the bore and bore pits or trench cut. �., 2. Installing a 36 -inch ID steel casing. 3. Installing the water distribution pipe in the steel casing using the pipe F ' manufactures recommended practices. 4. Backfill all excavations. 5. All traffic barricading and control. 6. All trench safety requirements. 1.2 CONTRACTOR USE OF SITE A. Limit use of site to allow: 1. Owner occupancy. 2. Contractor B. Coordinate use of site under direction of Owner's Representative and TxDOT. ,., C. Execute Work in a coordinated manner to avoid conflicts with Owner's operations or other Contractors. r,,, D. Move any stored products under Contractor's control, which interfere with operations of Owner. E. Assume full responsibility for the protection and safekeeping of products furnished under this contract, stored on or off the site. 1.3 WORK SEQUENCE A. Construct Work to accommodate Owner's occupancy requirements during the construction period. Coordinate construction schedule and operations with Owner's Representative. 1.4 OWNER OCCUPANCY r A. Cooperate with Owner to minimize conflict, and to facilitate Owner's and other Contractor's operation. B. Schedule the Work to accommodate this requirement. �3 02445 — Page 1 10/24/2002 PART 2 PRODUCTS 2.1 STEEL CASING A. The steel casing shall be new or used 36 inch diameter steel casing with .375 - inch wall thickness. The casing shall be free of any structural defects such as cracks, dents, bends or heavy rust. Casing joints shall be fillet welded. PART 3 EXECUTION 3.1 BORES A. The bore across existing US 82 will be contractors option of wet bore, dry jacked bore or tunneling. B. The bore must be at or near level. ,,,,,,, C. Contractor is responsible for removing all excavated material. D. Contractor shall be responsible for all trench safety requirements and all traffic control practices. E. After installing the water pipe in the encasement the ends of the encasement must be sealed to prevent soil creep into the pipe. 3.2 OPEN TRENCH ENCASEMENT A. This project will cross several areas that will be future paved areas. These areas will need steel encasement. This encasement can be installed in an open cut trench, the joints shall be fillet welded. B. The water distribution pipe shall be installed in the same manner as the encased bores. The cost of installing the carrier pipe will include any appurtenances needed to protect the pipe as per manufacture recommendation. C. The ends of the encasement shall be sealed after the carrier pipe is installed. END OF SECTION 02445 — Page 2 10/24/2002 en SECTION 02511 INSTALLATION OF WATER DISTRIBUTION SYSTEM COMPONENTS PART1 GENERAL 1.1 SECTION INCLUDES. This section contains requirements for the installation of water distribution system components such as pipe, fittings and valves. It also includes requirements for trench safety, final clean up and acceptance. 1.2 PRODUCTS INSTALLED UNDER THIS SECTION. A. Approved class 150 municipal water pipe. B. Approved fittings, connections, valves and appurtenances. C. Warning tape. 1.3 RELATED SECTIONS A. 00300- Information Available to Bidders. B. 02512- Water Systems Pipe Fittings and Accessories. C. 02445- Steel Encased Utility Bore a r� 1.4 UNIT PRICES A. Water Distribution Pipe. 1. Payment for installation of water distribution pipe will be on a linear foot basis. Unit cost shall include pipe installed, complete in place including all appurtenances, trench safety and traffic barricading required. 2. The Owner's Representative will perform measurement. B. Butterfly Valves. k 1. Payment for purchase and installation of butterfly valves will be per each, complete in place including all .. appurtenances, trench safety and traffic barricading required. C. Steel Encased Utility Bore. �• 1. Payment for installation of the encased bore will be at a linear foot basis, Unit cost shall include all labor and equipment for the installation of the steel encasement pipe and the water carrier pipe, complete in place including all appurtenances, including casing spacers if recommended by the pipe manufacturer, trench safety and traffic barricading required. 02511-1 10/14/2002 2. The Owner's Representative will perform measurement. 1.5 SUBMITTALS A. Submit in accordance with the requirements of Section 1330 - Administrative Procedures. B. Submit trench protection procedures. C. Submit storm water pollution prevention plan (SWPPP) including the Notice of Intent. D. Submit traffic control plan. 1.6 WARRANTY A. Contractor to provide standard one year warranty. Warranty period will begin at the date of Substantial Completion. B. The Contractor at no additional expense to the Owner will perform any repairs, replacements or maintenance work on Work performed by the Contractor. C. The Owner's Representative will be the sole determinator of the warranty work required. PART 2 PRODUCTS 2.1 See sections 02512, 02513 and 02445 PART 3 EXECUTION 3.1 EXAMINATION A. Contractor will examine the entire length of the project site to verify conditions before starting work. B. Contractor is responsible for verifying that site conditions are suitable for the proposed Work prior to beginning activities. 3.2 PROTECTION 1. Contractor is responsible for notifying all utilities and other affected parties prior to beginning excavation. 2. Contractor will comply with the State of Texas excavation notice requirements. 3. Contractor is responsible for providing shoring, bracing or other supports as required to prevent damage to adjacent utilities, structures or other affected components. 02511-2 10/14/2002 '^' 02511-3 10/14/2002 4. Contractor will excavate and expose any utilities or other potential conflicts to determine the lines and grades, if deemed necessary by the Contractor or Owner's Representative. 5. Contractor is responsible for any expenses incurred to repair, replace or otherwise restore facilities damaged due to excavation or installation of the sanitary sewer system. 6. The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the works as may be necessary. All safety measures shall meet the requirements of The Texas Manual on Uniform Traffic Control Devices. 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 days of issuance to Contractor of City's certificate of acceptance of the project. Rules and regulations of local, state and Federal authorities regarding safety provisions shall be observed. B. Surface Preparation 1. Within Unpaved Easements; or Cultivated, Agricultural or Undeveloped Land. a. Remove all vegetation, brush, heavy growth, grass, weeds, decayed organic matter, rubbish or other unsuitable material within the area of excavation. b. Remove topsoil separately from the other excavation material. Store the topsoil separately from the other excavation material. PA", 2. Within Unpaved Roadways - a. Remove roadway cover material and store separately from other excavated material. b. Take care to keep the roadway material as clean a possible for placement back on the roadway. 3. Within Paved Areas • a. Remove pavement, sidewalks, driveways, and curb and gutter in a neat and workmanlike manner. Use straight and perpendicular cuts. b b. The cut will exceed the width of the excavation by 12 inches on each side of the trench. C. Cut concrete pavement, sidewalks, driveways, and curb and gutter with a power saw to a minimum '^' 02511-3 10/14/2002 w•r 3.3 INSTALLATION depth of 2 inches prior to breaking. A. Excavation 1. Owner's Representative will provide construction -staking services. The centerline of the proposed line will be established and cut sheets issued by the Owner's Representative. The Contractor is responsible for notifying the Owner's Representative of any concerns with the construction staking. 2. Contractor will excavate as necessary to attain the lines and grades at the locations shown on the Plans or as staked in .• the field. 3. Excavations will be open cut unless otherwise indicated on the plans or designated by the Owner's Representative. 4. Contractor will comply with trench safety requirements as outlined in OSHA 1910 using benching, shoring, trench boxes or other means to meet or exceed the requirements of OSHA 1910. 5. The Contractor at no expense to the Owner will dispose of excavated materials unsuitable for backfill or not required ... for backfill. 6. Contractor will prevent surface water from flowing into excavations. Pipe that has had its grade or alignment "^ changed due to water entering the excavation will be re-laid at not expense to the Owner. 7. Spongy material, organic matter, or fill material containing concrete, asphalt or debris encountered during excavation x will be removed and properly disposed. Over excavation in this situation will be at the direction of the Owner's Representative. 8. Over excavation for the Contractor's convenience will be at the Contractor's expense. 9. Stockpile excavated material so as not to interfere with the progress of the Work or to create a safety hazard. 10. Excavate trench only as necessary to install the pipe. Excavation limits are as follows: - a. Pipe less than 18 inches: Pipe O.D. + 12 inches b. Pipe from 18 to 36 inches: Pipe O.D. + 18 inches C. Pipe from 37 to 60 inches: Pipe O.D. + 24 inches 11. Excavate to provide a firm trench bottom for the full trench width and length. Take care to not to over excavate. 12. Excavation for structures, manholes or other appurtenances will be sufficient for to provide adequate clearances for the work and trench protection. "°"' 02511-4 10/14/2002 B. Installation 1. Install components in accordance with the City of Lubbock Construction Standards and the Manufacturer's - Instructions. The Contractor will bring any conflict between these two methods to the Owner's attention. 2. Products will be inspected prior to installation for any defects. No defective products will be installed. Products found to be defective will be replaced at the Contractor's expense. 3. Installation of Pipe. ,.., a. Fine grade the bottom of the trench using specified bedding material. Provide for bell holes to allow the pipe to be placed at the proper grade and ..� alignment. b. Check for proper grade and alignment at each joint. C. Do not place pipe in wet trench conditions. Provide �* adequate dewatering methods to keep free water from the trench. d. Do not leave open joints overnight. Place watertight barriers at the end of the exposed pipe segment to prevent water intrusion into the pipe after each day's work. e. All pipe shall be installed according to manufactures suggestions in both the open cut areas and in the steel encased areas. 4. Installation of Valves. a. Valves and fittings shall be set at the locations shown on the plans or at locations as established by the Engineer, and shall be joined to the pipe in the manner heretofore specified for pipe installation. The valves and fittings shall be adequately blocked for thrust with concrete. Valves shall be set vertically and in concrete valve boxes. 5. Backfill of Excavations. a. Backfill around pipe with specified bedding material that is free of large rocks, topsoil, debris or other unacceptable material. b. The backfill around the pipe shall be shovel sliced around the haunch of the pipe and mechanical or hand tamped to a point 12 inches above the top of the pipe C. Backfill from 12 inches above the pipe to the finished grade will be as follows: i. For unpaved areas, use excavated material `""" 02511-5 10/14/2002 Jon that is free of large rocks, debris or other material determined unsuitable by the Owner's Representative. Compaction using water jetting is acceptable. Compact in lifts of a maximum of 12 feet. Force water into each lift at a maximum spacing of 10 feet. Do not flood the ditch with water to attain compaction. ii. For paved areas, place Cement Stabilized Backfill (CSB) meeting City of Lubbock Standards to the bottom of the pavement or Provide mechanical compaction as otherwise directed by the Owner's ,., Representative. 3.4 FIELD QUALITY CONTROL A. Inspection 1. Owner's Representative will provide all inspection services. Owner's Representative will be present at all tests. Do not cover pipe or valves until inspected by the Owner's Representative. 2. Notify the Owner's Representative a minimum of 24 hours prior to placement of pipe, manholes or other buried components. B. Testing 1. General a. Notify the Owner's Representative a minimum of 24 hours prior to conducting any testing. b. The Contractor is responsible for all costs associated with testing. C. All testing will be performed in the presence of the Owner's Representative and only after the Owner's Representative has agreed the system being tested is ready for the appropriate test. d. Components to be tested will be thoroughly cleaned to remove debris, gravel, grit, dirt or other foreign material prior to performing any tests. e. The Owner's Representative will approve equipment used for testing. The Contractor at no expense to the Owner will replace testing equipment rejected by the Owner's Representative. 2. Pipe Testing Requirements a. After the pipe has been laid, the line shall be !" subjected to a hydrostatic pressure test and leakage "" 02511-6 10/22/2002 The duration of each pressure test shall be as directed by the engineer but shall not exceed for (4) hours. b. No pipe installation will be accepted until or unless the leakage as determined by above test is less than the amount set forth below. The allowable leakage (gallons per hour) shall not be greater than determined by the following formula: L=ND(P) 7400 L = Gallons Per Hour D = Nominal Pipe Diameter N = Number of Joints P = Test Pressure (PSI) If individual sections show leakage greater than the limits specified above, the contractor shall at his own expense locate and repair the defective joints until the leakage is within the specified allowance. 3. Sterilization of Pipe Lines a. The contractor shall furnish all labor, equipment and material necessary for the chlorination of the new pipelines, which shall be sterilized before being placed in service. The lines shall be sterilized by the application of the chlorinating agent. The chlorinating agent may be a liquid chlorine, liquid chlorine gas -water mixture, or a calcium hypochlorite solution, which shall be fed into the lines through a suitable solution -feed device, or other methods approved by the engineer. The chlorinating agent shall be applied at or near the point from which the line is being filled, and through a corporation stop or other approved connection inserted in the horizontal axis of the newly laid pipe. The water being used to fill the line shall be controlled to flow into the section to be sterilized very slowly, and the rate of application of the chlorinating agent shall be in such proportion of water entering the pipe that the chlorine dose w, applied to the water entering the line shall be at least 50 parts per million. The treated water shall be retained in the pipelines for a period of not less than twenty-four (24) hours. b. Samples shall be taken from the line and will be tested for bacteriologic growth by the Texas Department of Health Laboratory. Samples will be taken twice in a forty-eight (48) hour period not less than twenty-four (24) hours apart. ^' 02511-7 10/14/2002 C. The sampling riser shall be located at a location farthest from the point of chlorination. The riser '^ shall be above ground and equipped with a faucet for control of flow during sampling. r 3.5 ADJUSTING AND CLEANING A. Contractor will return areas disturbed by the work to the conditions existing prior to commencement of the work. 1. Contractor will grade disturbed areas to the preexisting grade. 2. Owner's Representative will determine if adequate adjustments and cleaning have been performed. 3. Contractor will leave the construction site clean, neat and free of construction debris. 4. Areas that have established turf will have sod placed in the excavated areas. 5. Paved areas will have pavement replaced in accordance with the City of Lubbock Street Engineering Standard Paving Specifications. END OF SECTION 02511-8 10/14/2002 rs*e SECTION 02512 WATER SYSTEMS PIPE AND FITTINGS PART1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, Division 1. 1.2 WORK INCLUDED A. Furnishing water system piping, fittings and appurtenances. 1.3 SYSTEM DESCRIPTION A. Performance Requirements 1. Minimum design working pressure for pipe, fittings, and other water line accessories is 150 psig. 2. Minimum Dimension Ratios (DR) or pipe pressure classes are as follows: a. PVC DR 18 b. SCRC Class 150 C. Ductile Iron Class 250 1.4 SUBMITTALS A. Product Data. Submit manufacturer's descriptive data for all pipe, fittings, and miscellaneous products including net assembled weight. B. Affidavits of compliance with appropriate standards. C. Product warranties. D. Manufacturer's installation instructions. E. Manufacturer's operation and maintenance data. F. Manufacturer's loading, unloading and storage requirements. 1.5 QUALITY ASSURANCE A. Provide the following certification: 1. Affidavit of compliance with NSF 60/61 for all products. 2. Affidavit of compliance with the appropriate AWWA standard for the product being provided. 3. Affidavit of compliance with specific tests required by product standards as requested. 1.6 DELIVERY, STORAGE AND HANDLING Marsha Sharpe Freeway Loop289 and Frankford 02512-1 10/14/02 0 r" A. Deliver products to job site at Frankford Avenue at West Loop 289 in Lubbock, Texas at a site specifically designated by the Owner's Representative. B. Supplier is responsible for unloading materials. When loading and unloading pipe use hoists or slide or roll on skids to avoid shock or damage to pipe. C. Do not drop pipe. D. Do not push or roll pipe handled on skids against pipe already on the ground. E. Store pipe, fittings, and accessories on site in such a manner as to be kept as free as possible from dirt, sand, mud or other foreign material. F. Store materials in accordance with the manufacturer's instructions. 1.7 WARRANTIES A. Submit standard manufacturer's warranties. PART PRODUCTS 2.1 MATERIALS A. Ductile Iron Pipe 1 Furnish ductile iron pipe that conforms to AWWA C1501151 and is cement lined in accordance with AWWA C104. 2. Provide pipe and fittings with bell and spigot, restrained, mechanical or flanged joints as appropriate. Provide a continuous ring rubber gasket seal for all joints that complies with AWWA C111. 3. Provide pipe and fittings with an external asphalt protective coating. 4. Ductile iron fittings will comply with AWWA C110 and be cement lined in accordance with AWWA C104. B. Polyvinyl Chloride (PVC) Pipe 1. PVC pipe will meet or exceed the requirements of AWWA C900/905 as appropriate for the pipe diameter being furnished. 2. Provide bell and spigot type joints with a rubber gasket conforming to AWWA C111. C. Steel Cylinder Concrete Pipe (SCRC) 1. Pretensioned Concrete Steel Cylinder Pipe (PCCP) will meet or exceed AWWA C303. D. Fittings 1. Ductile iron and PVC pipe. Furnish ductile iron fittings that meet or exceed the requirements of AWWA C110 and are cement lined according to AWWA C104. Marsha Sharpe Freeway Loop289 and Frankford 02512-2 10/14/02 Owl 2. Concrete Cylinder (both Prestressed and Pretensioned) pipe. Fittings will be constructed of the same materials and in the same manner as the pipe. Fittings will meet or exceed the requirements of the appropriate AWWA standard. 2.2 ACCESSORIES A. Detection Tape 1. Provide detection tape made of plastic, blue in color, and a minimum of 4 inches wide and have lettering that states there is a buried water line below. B. Joint Materials 1. Furnish all necessary accessories for completing the joining of the pipe. 2. Provide diapers for SCRC pipe. 3. Furnish rubber gaskets and gasket lubricant, as appropriate. 4. Provide sufficient bolts to connect all joints. Provide bolts made of type 304 stainless steel. 5. Construct plugs of the same material and to the same standards as the pipe being supplied. 6. Provide gasketed plugs for SCRC, PVC and ductile iron pipe. C. Joint Restraints 1. Provide joint restraint connection materials as applicable for PVC and ductile iron pipe. The joint restraint will meet or exceed the pressure rating of the pipe. 2. Joint restraint shall consist of a retainer gland with wedges to engage the pipe surface. Thereby restraining the joint using the friction of the wedge against the pipe. The wedge will be engaged and held in place by a threaded bolt. 3. Construct the retainer gland of ductile iron complying with ASTM A536. 4. Joint restraint for SCRC pipe shall be fillet welds as per manufactures instructions. D. Casing Spacers 1. This pipe will be pushed into one encased bore, and about 220 feet of encasement installed in open cut trench. The encased bore is approximately 180 feet long. The encasement will be 36 - inch diameter, .375 wall thickness steel pipe. Casing spacers must be provided as per pipe manufactures specifications in order to prevent the pipe from "overbelling" during the pushing procedure and to hold the weight of the pipe off of the bell after installation. Marsha Sharpe Freeway !"" Loop289 and Frankford 02512-3 10/22/02 PART 3 EXECUTION NOT USED END OF SECTION Marsha Sharpe Freeway Loop289 and Frankford 02512-4 10/14/02 r*+ SECTION 02513 WATER SYSTEMS VALVES AND ACCESSORIES PART1 GENERAL .� 1.1 SUMMARY A. This section includes specifications for municipal water service, direct bury butterfly valves. 1.2 PRODUCTS SUPPLIED BUT NOT INSTALLED IN THIS SECTION A. Provide water system valves and fittings. 1.3 SYSTEM DESCRIPTION A. Performance Requirements 1. 20 inch nominal diameter 2. Minimum design working pressure of 150psig 1.4 SUBMITTALS A. Submit in accordance with Section 01300 B. Affidavits of compliance with appropriate standards. C. Product warranties. D. Manufacturer's installation instructions. E. Manufacturer's operation and maintenance data. F. Manufacturer's loading, unloading and storage requirements. 1.5 QUALITY ASSURANCE A. Provide the following certification: 1. Affidavit of compliance with NSF 61 for all products. 2. Affidavit of compliance with the appropriate AWWA standard for the product being provided. 3. Affidavit of compliance with specific tests required by product standards as requested. 1.6 DELIVERY, STORAGE AND HANDLING A. Deliver products to Lubbock, Texas at a site specifically designated by the Owner's Representative located at the intersection of U.S. 82 and West Loop 289. Marsha Sharp Freeway �'^ West Loop 289 and Frankford 02513-1 10/14/02 r� Marsha Sharp Freeway P" West Loop 289 and Frankford 02513-2 10/14/02 B. Store valves and accessories on site in such a manner as to be kept as free as possible from dirt, sand, mud or other foreign material. C. Store materials in accordance with the manufacturer's instructions. 1.7 WARRANTIES A. Submit standard manufacturer's warranties. PART 2 PRODUCTS 2.1 MATERIALS A. Butterfly Valves 1. Provide cast or ductile iron body, a 316 stainless steel disc edge and a stainless steel shaft constructed as per ASTM A-276 requirements. All components of the valve shall meet or exceed the requirements of AWWA C504, Class 150B. 2. All exposed surfaces of the valve will have an epoxy coating with a minimum thickness of 10 mils. 3. The valve provided will be a direct bury valve, will be operated with a standard 2 -inch square operating nut and will open in the counter clockwise direction. 4. Furnish valves with flanged joints that that meet or exceed the +� requirements of AWWA. 5. The valves shall be designed with a positive stop in the closed position and be equipped with a position indicator. 6. The valves shall be equipped with a Buna N seat that is bonded to the body and meets or exceeds the test procedures outlined in ASTM D429 Method B. 2.2 MANUFACTURERS A. Acceptable manufacturers are as follows: 1. Mueller, M&H, Darling, Clow, Tyler, and AVK PART 3 EXECUTION r*t NOT USED END OF SECTION r� Marsha Sharp Freeway P" West Loop 289 and Frankford 02513-2 10/14/02