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HomeMy WebLinkAboutResolution - 5852 - Contract- Utility Contractors Of America Inc- Dupree Park Sewer Main Replacement - 05/14/1998RESOLUTION NO. 5852 Item #26 May 14, 1998 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 with Utility Contractors of America, Inc., of Wolfforth, Texas, to install and furnish all materials and services for the Dupree Park Sewer Main Replacement, and all 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 Council. Passed by the City Council this 14th day of May '1998. ATTEST: Darnell, City ecretary APPROVED AS TO CONTENT: Victor Kilm , Purchasing Manager APPROVED AS TO FORM: am de Haas, Municipal Contracts Attorney Wd: dk/Utility-Contract.res.doc ccdocs/May 4, 1998 CITY OF LUBBOCK SPECIFICATIONS FOR DUPREE PARK SEWER MAIN REPLACEMENT BID #98083 c 585 CITY OF LUBBOCK Lubbock, Texas f C.. r P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: ITB #98083, Addendum #1 Office of Purchasing ADDENDUM 0 ITB #98083 Dupree Park Sewer Main Replacement April 14,1998 April 16,1998 @ 3:00 P.M. April 23, 1998 @ 2:00 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. On the General Instructions to Bidders, Section #5, Time and Order for Completion, please change the first sentence to read as follows: "The construction covered by the contract documents shall be fully completed within 30 (THIRTY) WORKING DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder." 2. Please submit your bid on the revised Bid Submittal Form noting the change in Item #1. 3. A working day shall be defined as any day that condition would permit the contractor to work at least 7 hours. The City Inspector will determine whether or not any day is to be considered a working day. If the Contractor disagrees with the inspector's determination, he may request a determination by the Chief Engineer. The Contractors request must be submitted in writing to the Chief Engineer within 10 working days of receiving notice of the Inspector's determination of the working days used. The Chief Engineer will be the final authority in determining working days. Weekends and holidays will not be considered working days unless the Contractor request permission to work these days. If the Contractor desires to work weekends or holidays, those days will be counted as working days. No consideration will be given to any request by the Contractor for additional working days. 4. Bids for MicroTunnel and dry bore installation methods will be considered. Any bids of this nature shall include specifications for the casing and carrier pipes. All other specifications for backfilling, compaction, protection of utilities and re -sodding the surface shall remain in effect. All Contractors are reminded that the flowlines are fixed at both ends of this project. There is no allowable deviation form the grade established on the plans. 98083ad1.doo Ike ITB #98083, Addendum #1 5. The Close Date has changed From: April 16, 1998 c@ 3:00 P.M. t To: April 23, 1998 @ 2:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: 4 Laura Ritchie, Buyer City of Lubbock P.O. Box 2000 e Lubbock, Texas 79457 Questions may be faxed to: (806)775-2164 or Email to: LRitchie@mail.ci.lubbock.tx.us THANK YOU, � ( Laura Ritchie POO Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID L . 1 i 4 1 f li 98083ad1.doe BID SUBMITTAL UNIT PRICE BID CONTRACT PLACE: DATE: PROJECT NUMBER: #88083 - DUPREE PARK SEWER MAIN REPLACEMENT Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a 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 in Exhibit "A". The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this bid. 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 30 (THIRTY) working 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 $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days r after the scheduled closing time for receiving bids. 1 7 The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to *. commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars 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 and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said 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. Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: Fax: (Seal if Bidder is a Corporation) ATTEST: { Secretary rBidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date !. Addenda No. Date r k u r 2 f r C. LIST OF SUBCONTRACTORS t Minority Owned Yes No 1. 2. r* 3. t �^ 4. 5. r 6. 1. 7 7� 8. 9. 10. 7 7 r 1 r 3 I r ro { r 4 w CITY OF LUBBOCK INVITATION TO BID FOR TITLE: DUPREE PARK SEWER MAIN REPLACEMENT ADDRESS: LUBBOCK, TEXAS BID NUMBER: 98083 PROJECT NUMBER: 9424.9242.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT r t; L t 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 r l 7. CONTRACT +.. 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS I" t. r r t E No Text I NOTICE TO BIDDERS BID #98083 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 3:00 o'clock p.m. on the 16th day of April. 1998, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "DUPREE PARK SEWER MAIN REPLACEMENT" 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 insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 14th day of May., 998 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 t` 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. rr Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified r» 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 10 days after notice of award of the contract to him. r� 1 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 pre-bid conference on 9th Io day of April, at 9:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. r The City of Lubbock does not discriminate against persons with disabilities. Ci 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 Human Relations Office at (806) 767- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK �. VICTOR KIL AN PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 162513th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)775-2167/Fax (806)775-2164. r WO t 4 i r i 2 3. 4. 5. GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for, the DUPREE PARK SEWER MAIN REPLACEMENT. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: TIME AND ORDER FOR COMPLETION LAURA RITCHIE BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806) 775-2164 ,.� The construction covered by the contract documents shall be fully completed within 30 (THIRTY) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may t direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the r contract documents. 7. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, -of which the Contractor has been notified. 8. 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 a set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 9. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 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 the year 2000 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. 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. 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. 10. 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. 2 P10 t. A . 11. 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. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas, Limited Sales, Excise and Use Tax Act. i 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. t. 13. 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. 14. 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. 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all r-� 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. 9 Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given -- sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 16. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the — work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. -� 17. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, 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 contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of .} general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or.holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur br 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. 19. 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, 1 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 l 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. 20. PROVISIONS CONCERNING ESCALATION CLAUSES E" Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or C ; 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. 21. PREPARATION FOR BID 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. 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 the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 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: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 22. 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. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 23. 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 in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The 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: — 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. 6 No Text r BID SUBMITTAL . UNIT PRICE BID CONTRACT '`— PLACE: Ci fu o1 l Abye_k U DATE:7 3 f PROJECT NUMBER: #98083 - DUPREE PARK SEWER MAIN REPLACEMENT Bid of l !;1i tN __rn t1,1z 1r25 or AM `c ,t �C (hereinafter called Bidder) I/ To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a lJ�� �^e i�� •S�.�u2 ///� ;,,� 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 in Exhibit "A". The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this bid. 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 30 (THIRTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner 1. as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. z The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the ' plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. k Bidders are required, whether or not a payment or performance bond Is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certifie Check for Dollars ($ ) or a Bid Bond in the sum of °42 Dollars ($ JI 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 and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. F i 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. Aut �o ' d&ature (Printed or Typed Name) �1 'f vfiecfoi vT �e9 Compan Address City, County State Zip Code Telephone: 06 - jr66 y3 flJ Fax: 9'0 - ''GG' -- 5!5 [� (Seal if Bidder is a Corporation) f ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date �^ Addenda No. Date @ Addenda No. Date Pi tihibit "A" Bid for Unit Price Contract Dupree Park Sewer Main Replacement Item Estimated Units Description Quantities 1.) 740 feet L. F. 24 inch approved sewer pipe, including trench safety and embedment, famished and installed complete in place, 10- 12 foot cut for the unit bid price of; Materials Labor Total 2.) 2 Materials Labor Total 3.) 12 Each Standard manhole, 4 feet depth, 5 feet diameter complete and in place, including base, stubouts embedment, excavation, backfill and trench safety measures for the unit price bid of; (each) ($ /, baa ve. ) Materials 15; Labor Total V. F. Extra vertical foot of standard manhole, 5 foot diameter, complete and in place, including excavation, backfill and trench safety measures for the unit price bid of; .V/'O tel!/, /;"o-'- , ($ 6�- e2V i 4.) 1 J r- Materials Labor Total PM 5.) 658 J Materials Labor 'r Total A Total Bid, Items 1 - xi - Materials. J Labor i.c f Total J -�" SIGNATURE Lump Sum Repair paving as per specifications, complete and in _1 ­ Fns tl a unit r%riry 1%;A of. Square Yard Re-establish turf on all bare ground as per Section 02938, SODDING. Complete and in place for the DATE i , ($ 3� 3391 A I 1. 2. 3. 4. 5. 6. S. 9. 10. n LIST OF SUBCONTRACTORS Minority Owned Yes No 5 t 4 PAYMENT BOND r-` i' ollb ,ft BOND CHECK Palo BEST GATING �----� LICE ,� int TEXAS BY DAT' —. BOND NO. S-600-9808 I' STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE P" (CONTRACTS MORE THAN $25,000) UTILITY CONTRACTORS OF KNOW ALL MEN BY THESE PRESENTS, that AMERICA, INC. (hereinafter called the Principal(s), as Principal(s), and �., WASHINGTON INTERNATIONAL INSURANCE COMPANY (hereinafter called the Sure s), as Surety(s), are held.and firmly bound unto the City of Lubbock (hereinafter caped the Obligee), in the amount of SIXTY ONE THOUSAND SEVEN HUNDRED Dollars ($ 61,723. 00) lawful money of the R^ United States for the paymavwer, MOP -urefy-md themselves, and their heir;, 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 14THday of MAY ,19 98 ,to BID #98083 - DUPREE PARK SEWER MAIN REPLACEMENT FM 6 . 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 19TH day of MAY 19 98. WASHINGTON INTERNATIONAL INSURANCE COMPANY UTILITY CONTRACTORS OF AMERICA, Surety Principal INC. • s ,By. By: (Title) HOWARD COW (tit/ ix ATTORNEY-IN-FACT By: (Title) By: (Title) C. The undersigned. surety company represents that it is duly qualified to do business in Texas, and hereby �., designates HOWARD COWAN 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. " WASHINGTON INTERNATIONAL INSURANCE COMPANY Surety C . By. itle) HOWARD COWAN ATTORNEY—IN—FACT Approved as to form: City of Lubbock J' 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 r IMPORTANT NOVICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain r information on companies, coverages, rights or complaints at: 1-800-252-3439 rr You may write the Texas Department of Insurance: l: P.O. Box 149104 Austin, TX 78714-9104 S : 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. F" y I WASHINGTON INTERNATIONAL INSURANCE COMPANY PbWkk 6)F ATTd RiVEY KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the lam of the State of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constitute and appoint HOWARD COWAN, KEVIN DUNN AND MARLA HILL EACH IN THEIR SEPARATE CAPACITY -*s true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and ail bonds and undertakings, recognizances, C ontracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) In pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duty executed and acknowledged by its .President and its principal office. This Power of Attorney shall be limited in amount to $5,500,000.00 for any single obligation. o.• Mis Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1078, July 3, 1980 and October 21, 1986 which read, in parkas follows: ` 1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attomeys4n-Fact, and authorize them to execute on behalf of the Company, and attach the Seat of the Company thereto, bonds, and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized t to certify copies of any power-of-attomey issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney4n-Fact and revoke the authority given him. �.2 The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary; and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power 1 of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. IN TESTIMO affixed by its International Insurance Company has caused this instrument to be signed and its corporate seat to be r 9th day of May, ' . ter• WASO ' Steven STATE 0 COUNTY OF01S RIZON�r``• INSURANCE COMPANY Vice -President 70n this 19th day of May,1997, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly t swom, said that he is the therein described and authorized officer of the Washington International Insurance Company, that the seal affixed to said instrument is the Corporate Seal of said Company, �► 7N eft "OFFICIAL SEAL" ` MICHELLE HOWERTON Notary Public, Slate cf illinois hty Commission Expires 09/07199 CERTIFIC TE 7STATE OF iLLINOIS) ,COUNTY OF COOK) and afrpced my My Commission 7,1999 day and year first above written. 1, the undersigned, Vice -President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY r -that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article Iii, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and seated in the County of Cook. Dated the 19TH day of MAY is .98 Jam�c� A.�a'rpente ice-Presi ent s.. No Text r . BOND NO. S-600-9808 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE ,., (CONTRACTS MORE THAN $100,000) UTILITY CONTRACTORS OF AMERICA, KNOW ALL MEN BY THESE PRESENTS, that INC. (hereinafter called the Principal(s), as Principal(s), and WASHINGTON INTERNATIONAL INSURANCE COMPANY (hereinafter called the SureWfVta O ure 6s),Jare he d and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of S HUNDREDDollars ($61,723.00 ) lawful money of the t;AUnited States for the paymen w ereo , e sal nn ipa 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 14THay of MAY ,1998. to BID #98083 - DUPREE PARK SEWER MAIN REPLACEMENT and said principal under thelaw irequired red before commencing the work provided for in said contract to execute abond 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 19TH E day of MAY . 19 98 . WASHINGTON INTERNATION INSURANCE ANY UTILITY CONTRACTORS OF AMERICA, Surety Principal IN r� By; By; (Title) HOWARD COWAN ( I ATTORNEY-IN-FACT By: (Title) By: (Title) i The undersigned. surety company represents that it is duly qualified to do business in Texas, and hereby designates HOWARD COWAN 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. WASHINGTON INTERNATIONAL INSURANCE COMPANY Surety (Title) HOWARD 'COWAN ATTORNEY-IN-FACT �., Approved as to Form City of Lubbock AA 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. I. i. r k 2 No Text JUN— 2-98 TUE 1:17 PIT ALAN HENRY II1S 1PAll"EF ll+ , 1+8ail;+7 7b 5 T FM PRODUCER Alan Henry Ins. Agency, Inc. 3407 19th street Lubbock, TX 79410 Dan arM<VorYY► f 06/02/96 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. COMPAW A TRANSCONTINENTAL INSURANCE CCMPAN'r 1NSURCD CO~ Utility Contractors Of BTRANSPORTATION INSUPANCE COMPANY America, Inc. OWPANY 927 Highway 62/82 _ wolfforth, Tx 79382 COMPANY S�'br'%.ie:v.`i •� . : a,k :%�? ' —..,w„>•,'; < i,tit.., K..Y"^ 'in: Y” � v:k'I:i. H:x".: ':?fSo. � -x:>x,.:.:e ayc;4bj'..2i :o'r.^::.F::b. 4 :t S k �,d � �.ti y. t *^.^•;":Gn�ry ww.er,'3u'.'f•,..'.QMK.:w�'S"µ.3T.v. iz::�xev r..sz�:;f:.hXy%�.4�4�'�. x.�.e o- 4 �.n ..a..iiL'liSa. .L'.. 3.K; sf4. v:`.:?:,..y: .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD < INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THw CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Do TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTNE POLICYEXPIWITIONJ LIMITS I LTR DATE (MWDD/YY) DATE (1141 1Wl„ IIENERAL LIABILITY : G9NM;AL AaOgECATE IS 2 0 0 0 0 0 A X ooMnnERcaL GeNERAL LIAeIUiY C 112 814 710 109/05/97 0 9/ 0 S/ 9 8' PRODUCTS . COMPMP AQG : t 100001111 CLAIMS 1AAOE 7XX CC" OWNER'S & CONTRACTOR'S PROT ALR'OUMLE LIABIUTY A XIAHYAUTO C135754046 ALL OWNED AUTOS 60HEDULm AUTOS I1 X HIREO AUTOS I X Nor;.OWNED AUTOS GARAGE LIABILITY ANY AUTO 9XCM LIABILITY E X UMBRELLA FORM C 112 814 7 3 6 OTHER THAN UMBPZJA FORM WORAXERS COMPENSATION AND A EMPLOYERS' LIA ALM WC112 814 6 91 THE PRDPRETOFV IJCL PARTNERS/DIFCUTVE OFRCERBARE RX N�ocl OTHER 09/05/97�,09/0�/98 i 09/05/97:09/05/98 I A30REGAC3 TE PERSON& & ADV NJURY S 10 0 0 0 3 4 EACH OCGUFPNCE I S_ 1 0 0 0 0 0 FIFE OAUAa; (Arty wo rral, It 50001 MED EXP ono Dom"I S 5 C ' N 09/05/97109/05/98, COMBINED SINGLE LIMIT L 100000%c _ EELLEACH ! s BODILY INJURY S _ACCIDENT ELI DISEASE • POLICYUrns i Pi pawn) EL oneAsE • rlA EUIPLDYEE i t i I i �o ppY S Pw �PADPERTYOAMAQUSS AUTO ONLY • EA AC=Ml 6 i OTHER THAN AUR] ONLY: I I E°ArN ACCIDENT i t ! EACH OWURPENCE I S 10 0 0 C 3 09/05/97�,09/0�/98 i 09/05/97:09/05/98 I A30REGAC3 TE i s X aA I TH fg i _ EELLEACH ! s 50000 _ACCIDENT ELI DISEASE • POLICYUrns 5 0 0 0 0 EL oneAsE • rlA EUIPLDYEE i t i 50000,r { IEECRIpnONOFopemmoiws .oC.ATmsvEHNCLmisprciALITEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ON AUTO AND GENERAL LIA- BILITY AND A WAIVER OF SUBROGATION ON WORKER'S COMPENSATION IS GRANTED. CITY OF LUBBOCK 1625 13TH STREET LUBBOCK, TX 79457 06-02-98 13:09 ■MOULD ANY OF THE ABOVE DIMCRIBED POLICIES BE CARCCILLM SSVGW TM EXPIRATION DATE THEREOF, THE 199UINO COMPANY WILL ENDEAVOR TO NIHIL .i..ii� DAYS WRITTON NOTICE TO THE URPMFICAT! HOLDeR NAMCD TO THL L=FT. 11,17 FAILURE TO BAIL SUCH NOTICE SHALL IMPOSE NO DBLKLLTIMS OR LAAAILITY OF ANY KIND UPON THE COMPANY. ITS AWN -111 OR REPRUENIATIVES. RECEIVED FROM:1+806+7976235 P.02 r r I CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. "V 4;n�� Agent (Signature) Name of Agent/Broker: A rah Jgenr-1 Agent (Print) cc f-nc.�, L,7c. Address of Agent/Broker: 49 X 2 3 9 9 City/State/Zip: bo .% A 7 9 4f o— 32 9 Agent/Broker Telephone Number: (9_) 7 9 a- 3 7 7/ Date: 1 5 9 CONTRACTOR'S NAME: U11LITY CONTRACTORS OF AMERICA® (Print or Type ) UTILITY CONTRACTORS OF AMERICA, INC. CONTRACTOR'S ADDRESS: 827 MG MAY 62 TWS 78362 NOTE TO AGENTIBROKER If this time requirement 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 #98083 - DUPREE PARK SEWER MAIN REPLACEMENT 2 r~ i i 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; f^' (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: REQUIRED WORKERS' COMPENSATION COVERAGE �,. "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." E "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 C (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during *' the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. No Text CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this le day of May,1998 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Utility Contractors of America. Inc. of the fly of Wolfforth, County of Lubbock 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 # 98083 - DUPREE PARK SEWER MAIN REPLACEMENT - $61,723.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. .., The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with f^ the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. APPROVED AS TO FORM: City Attorney ATTEST: Corp ra Secretary i i CITY O LUBBOCK ERAS WNF ) By MA R CONTRACTOR: UTILITY C NTRACTO3 S'OF AMERICA,INC. By: PRINTD NAME:_? TITLE: m COMPLETE ADDRESS: Utility Contractors of America, Inc. 927 Hwy 62 Wolfforth, TX 79382 No Text r 19 y CI 5. A 7 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. 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 UTILITY CONTRACTORS OF AMERICA, INC. who has agreed to perform the work embraced in this contract, or their legal representative. Kylkyl► ; ; :UMAI LYA 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 TERRY ELLERBROOK, DIRECTOR OF WATER UTILITIES, 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. 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". Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 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. 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. •► I I :. o] MAZWEi► 1 Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still — may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 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. 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. 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 Representativeauthority to review all work included herein. The Owner's Representative has the authority has the ty to stop the work whenever such stoppage may be necessary to insure 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 t6 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 R conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions Y 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. t 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 j location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or s ; 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. 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." 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 prior to the commencement 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 prior to 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. r 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. s-- i 4 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. i 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. The insurance certificates furnished shall name the City as an additional Insured, 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 contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Combined Single Limit in the aggregate and per occurrence to include: I Premises and Operations Explosion & Collapse Hazard s..c I Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. .. For bodily injuries, including accidental death and or property damage, $300,000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $100,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 0.0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance 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 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. 1. 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 406.096, 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 8 -- i i 1 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: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person 01^ of services on the project, for the duration of the project; i E (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. 10 ,.. 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. 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. 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. If policy limits are paid, new policy must be secured for new coverage to complete project. 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; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 18 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: 11 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; (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; 12 r► (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 A*M i 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. p.. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS j 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. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 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 r 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. fi i 13 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. J-^ 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 $500.00 (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. 14 .. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall ' be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in, part, in accordance with this i 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 x 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, 1 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 f-» project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and f 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 f 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. 15 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the 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. 16 t 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 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. r-, r 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 i 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 Jor- 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. t7 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) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 17 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. 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 18 r -p 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, 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 which 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 i 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 r $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. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. r, i l"'. 19 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. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. .. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the --•, Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in _ the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated -by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 20 No Text .� Resolution No. 5121 March 14, 1996 Item #19 g RESOLUTION WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's 1! Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 1: 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by r Resolution No. 2502 enacted January 8. 1987; and ` WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: !i BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be I as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: i r ! Exhibit A: Building Construction Trades . Exhibit B: Paving and Highway Construction '•, Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate 1 Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and t-- such wage rates shall be included in all public works contracts as provided by law. r Passed by the City Council this 14th ! ATTEST: I Betty M.J on, City Secretary APPROVED AS TO CONTENT: Mary AndrYws, Managing Director of Human Resources APPROVED AS TO FORM: . A4111-ij a old Willard, Assistant City Attorney HW Aa/ccdocs/pubworks. res February 14. 1996 2 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 10.00 Air Conditioner Installer 11.00 Air Conditioner Installer -Helper 5.50 Asbestos Worker 8.00 Asbestos Supervisor 11.00 Bricklayer 11.00 Bricklayer -Helper 6.00 Carpenter 11.00 Carpenter -Helper 6.00 Cement Finisher 7.50 Drywall Hanger 10.00 Electrician 13.00 Electrician -Helper 6.00 Equipment Operator -Heavy 8.50 Equipment Operator -Light 7.50 Floor Installer 8.50 Glazier 8.00 Insulator-Piping/Boiler 9.00 Insulator -Helper 5.50 Iron Worker 8.00 Laborer -General 5.50 Mortar Mixer 5.50 Painter 9.50 Plumber 10.50 Plumber -Helper 6.00 Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder -Certified 10.00 EXIT B Paving and Highway Construction Prevailing Wage Rates Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer -General Laborer -Utility Mechanic Mechanic -Helper Power Equipment Operators Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor Truck Driver -Light Truck Driver -Heavy Hourly Rate 6.00 5.50 7.35 5.75 10.50 5.50 6.50 5.50 5.50 6.25 7.25 5.50 7.00 7.00 7.00 6.50 7.00 6.50 8.50 6.00 6.50 6.50 6.00 6.50 IW451:11IN Prevailing Wage Rates Overtime Rate The rate for overtime Cm excess of forty hours per week) is 1 1/2 times base rate. EXIMIT D Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. r City Of Lubbock Water Utilities Engineering Dupree Park Sewer Main Replacement Technical Specifications Seal:` +44487 3123196 I CITY OF LUBBOCK DUPREE PARK SEWER MAIN REPLACEMENT TABLE OF CONTENTS SECTION 01011 SPECIAL CONTRACT REQUIREMENTS 1.2 Limits of Work. 1.3 Irrigation Lines and Equipment. 1.4 Irrigation Repairs. 1.5 Cut or Broken Lines. 1.6 Irrigation Repairs. 1.7 Trees. 1.8 Potable Water Lines. 1.9 Picnic Shelters, Pads and Equipment. 2.0 Underground Electric Lines. 2.1 Park Lights and Poles. 2.2 Re-establish Turf. SECTION 02938 SODDING 1.1 Placing Topsoil 1.2 Sod Installation 1.3 Measurement and Payment 1.4 Quality Assurance 1.5 Qualifications 1.6 Delivery, Storage and Handling 2.1 Materials 2.2 Harvesting Sod 3.1 Examination 3.2 Placing Topsoil 3.3 Laying Sod City of Lubbock, Dupree Park Sewer Main Replacement ii SECTION 09000 STANDARD SPECIFICATIONS FOR SANITARY SEWER MAIN CONSTRUCTION 1.2 General Description 1.3 Approved Plans 1.4 Inspection 1.5 Guarantees and Acceptance 1.6 Specifications 1.7 Materials 1.8 Gravity Flow Sanitary Sewer Pipe Installation 1.9 Manhole Construction 2.0 Inspection, Testing, Acceptance and Approval of Gravity Sewers City of Lubbock, Dupree Park Sewer Main Replacement r N SECTION 01011 SPECIAL CONTRACT REQUIREMENTS 1.2 Limits of Work: 01011-1 Limits for work shall be defined as an area 25' (twenty five feet) either side and i, perpendicular the center line of the proposed 24" (twenty four inch) sewer. This area will included the entire length of the 24" sewer in Dupree Park. C" No construction equipment, vehicles, materials or dirt shall be outside these work limits without the written approval of the Project Engineer. 1.3 Irrigation Lines and Equipment: r- Irrigation lines and equipment shall include all pipe, tubing, heads and all other equipment used as part of the irrigation system. -• 1.4 Irrigation Repairs r Dupree Park irrigation shall remain charged at full operational pressure during all phases of construction. All valves to the city water supply shall remain open at all times, except during repairs. 1.5 Cut or Broken Lines: In the event of a cut or broken irrigation line, the Contractor will contact one or more of the persons listed below to have the water turned off. 1. Wade Kelly ( irrigation foreman) 767-2683 2. City of Lubbock Park operator. 775-2673. Ask operator to contact the parks irrigation department by radio. 3. Burck Tollett (supervisor). No backfilling shall be performed until the system is repaired and recharged to full operational pressure. 1.6 Irrigation Repairs: When repairs are required they shall be made, or supervised, by an Irrigator currently licensed by the State of Texas. The Engineer shall require that a photo copy of the irrigators current license be on file. A copy of this license shall be submitted at the Preconstruction meeting. r City of Lubbock, Dupree Park Sewer Replacement r 01011-2 1.7 Potable Water Lines: If potable water lines are cut or damaged, Contractor shall repair, clean and purge to City of Lubbock Water Utility Standard Specifications. 1.8 Trees: Contractor shall take caution to protect all trees at all times. Contractor shall not remove, prune, replace or cause damage to trees without the written approval of the Project Engineer. 1.9 Picnic Shelters, Pads and Equipment: Contractor shall avoid damaging existing picnic pads, shelters and all park equipment. No vehicles shall be driven or parked on pads. No materials shall be stored, placed or stockpiled on existing concrete pads. _ 2.0 Underground Electric Lines: Care shall be taken when crossing underground electric lines. If an electric line is cut , broken or damaged repairs must be made by a licensed electrician approved by the Engineer. After electric lines are exposed they will remain open until approved, by the Project Engineer, for backfilling. 2.1 Park Lights and Poles. r' Existing park light poles that are within the work limits may be removed and reinstalled, or worked around at the Contractors expense. The Project Engineer must approve any removal, relocation or installation of park light poles. If pole is to remain within the work limits, no excavation shall be closer than 6'( six feet) to the pole or it's concrete sub substructure. 2.2 Re -Establish Turf. All areas where the existing turf has been removed or destroyed shall be graded back to original contours and sodded in accordinance with SECTION 02938, SODDING. END OF SECTION City of Lubbock, Dupree Park Sewer Replacement 02938-1 SECTION 02938 SODDING PART1 GENERAL 1.1 Section Includes: This section includes placing topsoil and installing sod. 1.2 Measurement and Payment: . Basis of measurement shall be by the square yard. Basis of payment shall include preparation of topsoil, placing topsoil and sodding. 1.3 Quality Assurance: The sod shall be a minimum age of 18 months, with root development that will support it's own weight without tearing, when suspended vertically by holding the upper two corners. Submit sod certification for grass species and location of sod source. 1.4 Qualifications: The sod producer shall be a company specializing in sod production and harvesting with a minimum of 5 years experience. The sod installer shall be approved by the sod producer. 1.5 Delivery, Storage and Handling Deliver sod on pallets. Protect exposed roots from dehydration. Do not deliver more sod than can be installed in 24 hours. PART 2 Products: 2.1 Materials: Sod shall be an approved cultivated grass sod with strong fibrous root system, free of stones, burned or bare spots and containing no weeds. The sod shall be Common or Tex -turf Bermuda. The topsoil shall be excavated from the trenched area. City of Lubbock, Dupree Park Sewer Main Replacement 02938-2 2.2 Harvesting Sod: The sod shall be machine cut and loaded on pallets with a minimum of 1/2 inch and a maximum of inch topsoil base. The cut sod area shall not exceed 1 square yard. PART 3 EXECUTION: 3.1 Examination: Verify that the prepared soil base is ready to receive the work of this section. 3.2 Placing Topsoil: Spread topsoil to a minimum depth of 8 inches or equal to the existing pre - work conditions over area to be sodded. Place topsoil during dry weather on dry unfrozen subgrade. Remove vegetable matter and foreign non-organic material from topsoil while spreading. Grade topsoil to eliminate rough, low or soft areas, and to ensure positive drainage. 3.3 Laying Sod: Moisten surface immediately prior to laying sod. Lay sod immediately after delivery to site to prevent deterioration. Lay sod tight with no open joints visible, and no overlapping. Stagger end joints 12 inches minimum. Do not stretch or overlap sod pieces. New sod shall be laid to align with adjoining _ grass areas. Water sodded areas immediately after installation. After sod a soil have dries, roll sodded areas to ensure good bond between sod and soil, and to remove minor depressions and irregularities. .- City of Lubbock, Dupree Park Sewer Main Replacement 09000-1 SECTION 9000 STANDARD SPECIFICATIONS FOR SANITARY SEWER MAIN CONSTRUCTION PART 1 GENERAL 1.1 SECTION INCLUDES A. General Description B. Approved Plans C. Inspection D. Guarantees and Acceptance E. Specifications F. Materials G. Gravity Flow Sanitary Sewer Pipe Installation H Manhole Construction I Inspection, Testing, Approval and Acceptance of Gravity Sewers 1.2 GENERAL DESCRIPTION A. All sanitary sewer main construction within the City of Lubbock sanitary sewerage system or for future connections to the City of Lubbock sanitary sewerage system shall be accomplished in accordance with the requirements of these specifications. 1.3 APPROVED PLANS A. Sanitary sewer main construction shall be done in accordance with engineered construction plans for the work, prepared under the direction of a Professional Engineer and approved by the City of Lubbock Water Utilities Department prior to construction. Plans shall conform with the City of Lubbock's Minimum Design Standards for Sanitary Sewer and shall show all information called for on the "City of Lubbock Check List for Sanitary Sewer Main Construction Plans." 1.4 INSPECTION A. All work shall be inspected by a representative of the Water Utilities Department, hereinafter called "City Inspector," who shall have the authority to halt construction when, in his opinion, construction is being performed contrary to these specifications or other approved plans, specifications and materials. Whenever any portion of these specifications is violated, the Director of Water Utilities, by written r" City of Lubbock, Dupree Park Sewer Main Replacement 09000-2 notice, may order that portion of construction which is in violation of these specifications or other approved plans, specifications and material to cease until such violation is corrected. 1.5 GUARANTEES AND ACCEPTANCE A. 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 Engineer, 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 2 years 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). B. The determination of the necessity during the warranty period for the -- Contractor to repair or replace the work in whole or in part shall rest with the Chief Engineer of Water Utilities. 1.6 SPECIFICATIONS A. All standard specifications and quality standards; i.e., ASA, AWWA, ASTM, etc., which are made a portion of these specifications by reference shall be the latest edition and revision thereof. 1.7 MATERIALS A. Materials approved for sewer line construction are as described in the following paragraphs. B. Vitrified Clay Pipe and Fittings 1. Vitrified clay sewer pipe and fittings shall conform to the requirements of the latest revision of A.S.T.M. Specifications C- 700 for Clay Sewer Pipe. 2. , The Diameters of every acceptable hub or socket shall be ample to permit the insertions of the spigot to the full depth of the socket and to provide an annular space around the entire circumference of sufficient size to permit the proper jointing of the pipe. Any projection on the end of a spigot or on the shoulder of a socket may be removed by chipping, if this can be done without injury to the pipe. 3. Pipes intended to be straight shall have a maximum deviation 1/8 inch per foot of length as measured from a chord across the concave side. Acceptable pipe shall be laid with the curvature in a horizontal plane. 4. All clay pipe shall be tested and inspected in accordance with A.S.T.M. specifications at the factory and shall be inspected by the Engineer prior to installation. The Engineer shall inspect the pipe for roundness, cracks, broken sockets, broken blisters, glaze faults City of Lubbock, Dupree Park Sewer Main Replacement 09000-3 4 and dimension variations and shall reject all pipe that does not conform to the A.S.T.M. specifications. C. Polyvinyl Chloride Pipe (Gravity Flow) I . PVC pipe shall conform to the requirements of the latest revisions of A.S.T.M F- 679 and D-3034 for SDR 35 sewer pipe. The pipe shall be jointed with an integral bell, bell and spigot type rubber gasketed joint. Each integral bell joint shall consist of a formed bell complete with a single rubber gasket. Gaskets shall conform to ASTM F477. The length of joints shall be 20 feet f one inch. 2. PVC pipe shall be installed in accordance with the manufacturer's recommendations and shall not exceed five percent (5%) deflection. PVC pipe exceeding 5% deflection shall be replaced by the contractor at his expense. The minimum pipe stiffness factor shall be 46 p.s.i. D. Profile Wall Polyvinyl Chloride Pipe (Gravity Flow) 1. Designated alternative piping systems shall include Lamson Vylon Pipe and Ultra -Corr Sewer Pipe. Lamson Vylon Pipe and fittings shall conform to ASTM D1784, F794, D1784 (minimum cell classification of 12364A), F477 (factory installed and chemically bonded to the bell end), D3212, D2412 (minimum 46 psi), D2444 (up to 220 ft. lbs.), D2152 (no flaking or disintegration when immersed in anhydrous acetone for 20 minutes), and F794 (3.5 psi air test). Pipe exceeding 5% deflection shall be replaced at the contractors expense. 2. Ultra -Corr Sewer Pipe shall meet or exceed ASTM F949, D1784 (cell classification of 12454-B), D2412 (minimum stiffness 50 psi), F949 (for flatness, impact, and extrusion quality). The pipe shall have a smooth interior with a concentric corrugated exterior. The exterior corrugations shall be perpendicular to the axis of the pipe to allow placement of the sealing gasket without additional cutting or machining. Pipe exceeding 5% deflection shall be replaced at the contractors expense. E. Polyethylene Pipe r. 1. The pipe shall be made of high density, high molecular weight polyethylene pipe material meeting the requirements of ASTM F 894 - latest revision. 2. Rubber gaskets shall comply in all respects with the physical requirements specified in the non -pressure requirements of ASTM Specifications C-443. l 3. Polyethylene pipe class shall not be less than class 63 and shall be installed in accordance with the manufacturer's recommendations r i r City of Lubbock, Dupree Park Sewer Main Replacement 09000-4 and shall not exceed five percent (5%) deflection. Polyethylene pipe exceeding 5% deflection shall be replaced by the contractor at his expense. F. Ductile Iron Pipe 1. This pipe shall be pressure class 200 and conform to ANSI/ASTM specifications A746-77 or latest revision for Ductile Iron Sewer Pipe. Protective coatings shall be a 30 mil thickness epoxy lining on the interior and exterior coating of coal tar pitch conforming to requirements of Federal Specifications WW -P-421. 2. All joints for Ductile Iron shall be of the rubber gasket bell and spigot, except when otherwise shown on the plans and where connecting to flanged fittings, and shall conform to the base specifications to which the pipe is manufactured. 3. Fittings shall be A.W.W.A. Standard Class "D" bell and spigot type or an approved gasket joint for the particular type of pipe used and designed for the pressures of the pipe except as shown on the plans. Flanged fittings where required, shall be 125 pound American Standard. All fittings shall be lined with 30 mil thickness epoxy lining on the interior and exterior shall be coated with an asphalt paint. G. Manhole Materials (Fiberglass and Concrete) 1. General a. Fiberglass reinforced polyester manhole shall be manufactured from commercial grade polyester resin or other suitable polyester or vinyl ester resins, with fiberglass reinforcements. Manhole shall be a one piece unit manufactured to meet or exceed all specifications of A.S.T.M. D-3753 latest addition. 2. Materials a. Resin: The resins used shall be a commercial grade unsaturated polyester resin or other suitable polyester or vinyl ester resin. b. Reinforcing Materials: The reinforcing materials shall be commercial Grade "E" type glass in the form of continuous roving, and chop roving, having a coupling agent that will provide a suitable bond between the glass reinforcement and the resin. C., Interior Surfacing Material: The inner surface exposed to the chemical environment shall be a resin -rich layer of 0.010 to 0.020 inches thick. The inner surface layer exposed to the corrosive environment shall be followed with a minimum of two passes of chopped roving of minimum length 0.5 inches (13mm) to maximum length of City of Lubbock, Dupree Park Sewer Main Replacement 09000-5 2.0 inches (50.8 mm) and shall be applied uniformly to an equivalent weight of 3 oz/ft . Each pass of chopped roving shall be well -rolled prior to the application of additional reinforcement. The combined thickness of the inner surface and interior shall not be less than 0.10 (2.5 mm). d. Wall Construction Procedure: After inner layer has been applied the manhole wall shall be constructed with chop and continuous strand filament wound manufacturing process which insures continuous reinforcement and uniform strength and composition. The cone section, if produced separately, shall be affixed to the barrel section at the factory with resin -glass reinforced joint resulting in a one piece unit. Seams shall be fiberglass on the inside and the outside using the same glass -resin jointing procedure. Field joints shall not be acceptable by anyone except the manufacturer. e. Exterior Surface: The product must incorporate some form of a UV inhibitor either into the resin or on the exterior surface to prevent decay of the fiberglass material prior to installation. f. Stubouts and Connections: Upon request stubouts maybe installed. Installation of SDR PVC sewer pipe must be performed by sanding, priming, and using resin fiber - reinforced hand layup. The resin and fiberglass shall be the same type and grade as used in the fabrication of the fiberglass manhole. Inserta-Tee fittings maybe requested and installed per manufacturers instructions. Kor-N-Seal boots may be installed by manhole manufacturer using fiberglass reinforced pipe stubout for Kor-N-Seal boot sealing surface. g. Manhole Bottom: Upon request manholes may be required to have resin fiber -reinforced bottoms. Bottom shall have a minimum of three 1.5 in. deep and 3.5 in. wide stiffening ribs completely enclosed with resin fiber -reinforcement and have a minimum 3 in. anti -flotation ring. Manhole bottom shall be a minimum of 5/16 in. thick. h. Fillers and Additives: Fillers, when used, shall be inert to the environment and manhole construction. Sand, calcium carbonate (in inert form), or crushed limestone shall be accepted as approved fillers. Additives, such as thixotropic agents, catalysts, promoters, etc., may be added as required by the specific manufacturing process to be used to meet the requirements of this standard. The resulting reinforced - plastic material must meet the requirements of this specification. City of Lubbock, Dupree Park Sewer Main Replacement 09000-6 3. * Manufacture a. Manhole cylinders, manway reducers, and connectors shall _ be produced from glass fiber -reinforced polyester resin using a combination of chop and continuous filament wound process. b. Interior Access: All manholes shall be designed so that a ladder or step system can be supported by the installed manhole. C. Manway Reducer: Manway reducers will be concentric with respect to the larger portion of the manhole diameters through 60 inches. Larger manholes may have concentric or eccentric manway reducer openings. d. Cover and Ring Support: The manhole shall provide an area from which a typical ring and cover plate can be supported without damage to the manhole. 4. Requirements: a. Exterior Surface: The exterior surface shall be relatively smooth with no sharp projections. Hand -work finish is acceptable if enough resin is present to eliminate fiber show the exterior surface shall be free of blisters larger than 0.5 in. in diameter, delamination or fiber show. b. Interior Surface: The interior surface shall be resin rich with no exposed fibers. The surface shall be free of crazing, delamination, blisters larger than 0.5 in. in diameter and wrinkles of 0.125 in. or greater in depth. Surface pits shall be permitted if they are less than 0.75 in. in diameter and less than 0.0625 deep. Voids that cannot be broken with finger pressure and that are entirely below the resin surface shall be permitted if they are less than 0.5 in. in diameter and less than 0.0625 in. thick. C. Repairs: Any manhole repair is required to meet all requirements of this specification. d. Manhole Lengths: Manhole lengths shall be in 6 in. increments +/- 2 in. e. Diameter Tolerance: Tolerance of inside diameter shall be +/- 1% of required manhole diameter. f. Load Rating: The complete manhole shall have a minimum dynamic -load rating of 16,000 lbf. when tested in accordance with A.S.T.M. 3753 8.4 (H-20 loading specification shall apply). To establish this rating the complete manhole shall not leak, crack, or suffer other damage when load tested to 40,000 lbf. and shall not City of Lubbock, Dupree Park Sewer Main Replacement 09000-7 deflect vertically downward more than 0.25 in. at the point of load application when loaded to 24,000 lb. g. Stiffness: The manhole cylinder shall have the minimum pipe- stiffness values shown in table below when tested in accordancewith A.S.T.M. 3753 8.5 (note 1). Manhole Length feet PSI 3-6.5 0.75 7-12.5 1.26 13-20.5 2.01 21-25.5 3.02 26-35 5.24 h. Soundness: In order to determine soundness, apply an air or water pressure test to the manhole test sample. Test pressure shall not be less than 3 psig or greater than 5 psig. While holding at the established pressure, inspect the entire manhole for leaks. Any leakage through the laminate is cause for failure of the test. Refer to A.S.T.M. 3753 8.6. i. Chemical Resistance: The fiberglass manhole and all related components shall be fabricated from corrosion proof material suitable for atmospheres containing hydrogen sulfide and dilute sulfuric acid as well as other gases associated with the wastewater collection system. j. Physical Properties City of Lubbock, Dupree Park Sewer Main Replacement Hoop Direction Axial Direction Tensile Strength, psi 18,000 5,000 Tensile Modulespsi 0.6 x 10^6 0.7 x 10^6 Flexural Strength, psi 26,000 41 -50 -0 - 500Flexural Flexural Modules si 1.4 x 10^6 0.7 x 10^6 Compressive, psi 18 000 10000 :j City of Lubbock, Dupree Park Sewer Main Replacement 09000-8 k. Test Methods: All tests shall be performed as specified in A.S.T.M. 3753 latest addition, section 8. Test method D- 790 (see note 5) and test method D-695. 1, Quality Control: Each completed manhole shall be examined for dimensional requirements, hardness, and workmanship. All required A.S.T.M. 3753 testing shall be -- completed and records of all testing shall be kept and copies of test records shall be presented to customer upon formal written request within a reasonable time period. M. Certification: As a basis of acceptance the manufacturer shall provide a independent certification which consists of a copy of the manufacturer's test report and accompanied by a copy of the test results that the manhole has been sampled, tested, and inspected in accordance with provisions of this specification and meets all requirements. n. Shipping and Handling: Do not drop or compact the fiberglass manhole. Fiberglass manhole may be lifted by _ inserting a 4" x 4" x 30" timber into the top of manhole with cable attached or by a sling or "choker" connection around center of manhole, lift as required. Use of chains or cables in contact with the manhole surface is prohibited. o. Concrete 1. Fiberglass Bottom: Concrete may be used to form bench area and invert. Also concrete may be used on top of anti -flotation rings and around the reducer section as required for buoyancy. 2. Concrete Bottom: Lower manhole into wet concrete until it rests at the proper elevation, with a minimum of 4 in. of fiberglass manhole. inserted into the wet concrete below flow line, then move manhole to plumb. The concrete shall extend a minimum of one foot from the outside wall of the manhole and a minimum of 6 in. above incoming lines. On the inside concrete shall form the bench and invert area and rise a minimum of 4 in. above incoming lines. If required by Engineer concrete may be used around reducer section for buoyancy. p. Backfill 1. Backfill Material: Unless shown otherwise on drawings and approved by the Engineer, sand, crushed stone, or pea gravel shall be used for backfill around the manhole for a minimum distance of one foot from the outside surface and extending from the bottom of the excavation to the top of the reducer section. Suitable material chosen City of Lubbock, Dupree Park Sewer Main Replacement 09000-9 j~ from the excavation may be used for the remainder of the backfill. The material chosen shall be free of large lumps or clods, which will not readily break down under compaction. This material will be subject to approval by the Engineer. 2. Backfill Procedure: Backfill shall be placed in layers of not more than 12 loose measure inches and mechanically tamped to 95% Standard Proctor Density, unless otherwise approved by the Engineer. Flooding will not be permitted. Backfill shall be placed in such a manner as to prevent any wedging action against the fiberglass manhole structure. q. Marking and Identification 1. Each manhole shall be marked on the inside and outside with the following information: a. Manufacturer's name or trademark b. Manufacturer's factory location c. Manufacturer's serial number r d. Total length r. Manhole Frames and Cover 1. Manhole frames and covers shall be of good quality gray iron casting and conform to A.S.T.M. Designation A48 (latest revision), having a clear opening of not less than 22 inches. The casting shall be designed with a full bearing ring so as to provide a continuous seat between frame and cover. r The cover shall be furnished with lifting ring cast into the cover in such manner as to prevent water ( leaking through. These manholes are subject to intermittent flooding a adjacent Playa lake !^ some form of water tight seal must by I incorporated to the frame and cover. Frame and cover shall ve a—weight o not ess than 275 .._ pounds. The manhole ring and cover shall be Western Iron Works #40 or approved equal. The cover shall include lettering, City of Lubbock, Texas sanitary sewer. r- t S. Concrete and Mortar 1. Cement: Portland cement shall conform to A.S.T.M. C-150 specifications. P" t r City of Lubbock, Dupree Park Sewer Main Replacement 09000-10 2. Aggregate: Fine and coarse aggregate to be used in concrete shall conform to A.S.T.M. C-33 specifications. 3. Mortar and Sand: Sand to be used in cement mortar shall conform to ASTM C-144 specifications. 4. All concrete (Class A) for manhole bottoms, piers and other reinforced concrete structures shall contain not more than 7.0 gallons of water per sack of cement. All concrete (Class B) for pipe cradling, blocking of fittings, and other non -reinforced concrete shall contain not more than 9.0 gallons of water per sack of cement. Surface moisture or moisture carried by the aggregates shall be included as part of the mixing water. Class A concrete shall have a minimum 28 day compressive strength of 3,000 p.s.i. and Class B shall have 2,500 p.s.i. t. Reinforcing Steel 1. All reinforcing steel shall conform to current A.S.T.M. specifications A-15, A-16, or A-305. Wire mesh shall be woven or electrically welded, cold -drawn mild steel wire fabric. Reinforcing bars shall be in the deformed bar type. 2. All reinforcement shall be permanently marked with grade, identification marks or shall, on delivery, be accompanied by a manufacturer's guarantee. U. Forms 1. Forms for all concrete work shall be of wood or approved metal forms. Wood sheeting forming surfaces exposed to sight or weather shall be plywood or plywood lined of a quality to produce smooth surface, free from excessive form marks and shall meet the approval of the Engineer before use. The same type of form shall be used for all exposed portions of the work. 2. Forms shall be constructed true to lines, grades and sections shown on the plans and shall be mortar - tight and sufficiently rigid to prevent displacement of sagging between supports. Wall forms shall be set plumb and true and rigidly braced to maintain them in correct position and alignment. Temporary openings for cleaning and inspection shall be provided at the base of vertical forms or other places where necessary. Such openings shall be neatly and securely closed before concrete is placed. City of Lubbock, Dupree Park Sewer Main Replacement 0 r 09000-11 3. Form ties approved by the Engineer shall be adjustable in length and of such type as to leave no metal closer than 1 inch of the surface, and shall not be fitted with lugs, cones, washers, or other devices acting as a spreader which will leave a hole larger than 7/8 inch in diameter or depth back of the exposed surface of the concrete. Wire ties will not be permitted. V. Curing Compound 1. Compounds used to form an air tight membrane over a fresh concrete surface shall be in accordance with Texas Highway Department Item 531.2. W. Embedment 1. The embedment shall be crushed stone with irregular surfaces and comply with the following gradation requirements. % By Weight Retained on 1" Sieve 0 Retained on 7/8" Sieve 0- 2 Retained on 3/4" Sieve 15- 35 Retained on 5/8" Sieve 55- 100 Retained on 3/8" Sieve 95- 100 Retained on No. 10 Sieve 99- 100 1.8 GRAVITY FLOW SANITARY SEWER PIPE INSTALLATION A. SCOPE 1. The work covered by this Specification consists of constructing gravity flow sanitary sewers, including appurtenances normally installed as a part of this system. Construction may include surface preparation; trench excavation; shoring, dewatering; lay, align and ,loin pipe installation of appurtenances; bedding and backfilling; surface restoration and other related work. B. QUALITY STANDARDS I. The latest published revision of the quality standards in effect shall apply. AASHTO T 99: Moisture -Density Relations of Soils using 5.5 lb. Rammer and a 12 inch Drop ASTM A 746: Ductile Iron Gravity Sewer Pipe (ANSI) ASTM C 12: Installing Vitrified Clay Pipe Lines City of Lubbock, Dupree Park Sewer Main Replacement C. 19 E. 09000-12 AWWA C 600: Installation of Gray and Ductile Cast Iron (ANSI) Water mains and Appurtenances AWWA M 23: Polyvinyl Chloride (PVC) Pipe Design and Installation UNI B 5: ACPA: NCSPA Installation Manual: LCP-4781: Vitrified Clay Pipe Handbook: MATERIALS Recommended Practice for Installation of Polyvinyl Chloride (PVC) Sewer Pipe Concrete Pipe Installation Manual (Published by American Concrete Pipe Association) Installation Manual for Corrugated Steel Drainage Structures (Published by National Corrugated Steel Pipe Association) Semi -Rigid Truss Pipe Handbook (Published by Armco, Construction Products Division) (Published by National Clay Pipe Institute) 1. The Contractor shall install sanitary sewer pipe of the type, diameter, wall -thickness an protective coating that is defined in the Special Provisions or designated by the City of Lubbock Water Utilities Department. SURFACE PREPARATION 1. One or more acceptable types of pipe may be used. As such, the Contractor shall have the option of installing any of the acceptable types, provided only one type is used throughout any single size designation or run of pipe. WITHIN EASEMENTS, CULTIVATED OR AGRICULTURAL AREAS 1. All vegetation, such as brush, sod, heavy growth or grass or weeds, decayed vegetable matter, rubbish and other unsuitable material within the area of excavation and trench side storage shall be stripped and disposed of. 2. Topsoil shall be removed from the area to be excavated and stockpiled, or, the Contractor may elect to import topsoil to replace that lost during excavation. Topsoil shall be removed to a depth of 8 inches or the full depth of the topsoil, whichever is less. City of Lubbock, Dupree Park Sewer Main Replacement 09000-13 F. WITHIN UNPAVED ROADWAY AREA 1. The Contractor shall strip that cover material from graveled roadways or other developed, but unpaved traffic surfaces to the full depth of the existing surfacing. The surfacing shall be stockpiled to the extent that it is acceptable for restoration purposes. G. WITHIN PAVED AREA The removal of pavement, sidewalks, driveways or curb and gutter shall be performed in a neat and workmanlike manner. The width of the cut shall exceed the width of the trench at the subgrade by at least 12 inches on each side of the trench. 2. Concrete pavement, sidewalks, driveways or curb and gutter shall �^^ be cut with a power saw to a depth of 2 inches prior to breaking. The concrete shall be cut vertically in straight lines and avoiding acute angles. 3. Any overbreak, separation or other damage to the existing bitumen or concrete outside the designated cut lines shall be replaced at the Contractor's expense. Excavated paving materials shall be removed from the jobsite and shall not be used as fill or backfill. 4. Crossings under sidewalks, curbs and gutters or other utility lines may be made by tunneling only if approved by the City Inspector. H. BARRICADES AND SAFETY MEASURES r 1. 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, I^ property and the works as maybe necessary. Thisap rkis in a residential neighborhood and safety is the first priority. All sa ety measures shall meet the requirements ofThe Manual on ., Uniform Traffic. I. CONTROL DEVICES 1. The Contractor shall 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. 2. Rules and regulations of local, state and Federal authorities regarding safety provisions shall be observed. 3. OSHA's regulations for excavations, trenching, and shoring shall be included in the Special Specifications. FCity of Lubbock, Dupree Park Sewer Main Replacement 09000-14 J. PROTECTION OF EXISTING UNDERGROUND UTILITIES 1. The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures, both known and unknown, may be determined. If required, the Contractor shall excavate and locate existing underground utilities ahead of trench excavation in order that -. necessity for grade changes may be ascertained in advance. The Contractor shall be held responsible for the repair of such structures when broken or otherwise damaged because of carelessness on his part. Hand excavation shall be used where necessary. The Contractor shall notify local utilities whenever working near gas mains or services or near electrical or telephone cables or when the presence of these utilities is suspected in the area of construction. All irrigation andsprinkler head control lines shall be repaired before final payment will be made. I{. TRENCH EXCAVATION 1. The Contractor shall excavate as necessary to attain the lines and grades at the locations shown on the Plans or as staked in the field. All trench excavations shall be open cut, unless otherwise shown on the Plans or approved by the City's Inspector. There will be no classification of materials excavated. 2. The Contractor shall protect adjoining private and public property and facilities, including underground and overhead utilities, curbs, sidewalks, driveways, structures and fences. Disturbed or damaged facilities or property shall be suitably restored or replaced at the Contractor's expense. 3. Excavated materials unsuitable for backfill or not required for backfill shall be disposed of by the Contractor. 4. The Contractor shall prevent surface water from flowing into excavations. Water shall not be permitted to rise in trenches that have not been backfilled. Any pipe having its alignment or grade changed as a result of a flooded trench shall be relaid at the Contractor's expense. 5. - Repose of excavation and use of shoring, sheathing, or trenching boxes shall conform to current OSHA regulations and all state and local safety requirements. L. TRENCH DIMENSIONS 1. Width a. The width of the trench shall provide adequate working room for installation, joining and proper compaction along both sides of the pipe. Trenches shall conform to the following dimensions, unless otherwise shown on the Plans. City of Lubbock, Dupree Park Sewer Main Replacement .r 09000-15 NOMINAL SIZE OF PIPE MAXIMUM TRENCH WIDTH AT TOP OF PIPE MINIMUM TRENCH WIDTH AT PIPE SPRINGLINE Less than 18" Pi a O.D. + 18" Pipe O.D. + 12" 18" thru 36" Pipe O.D. + 24" Pipe O.D. + 18" b. The width of the trench above the top of the pipe may be as wide as necessary for shoring, bracing or proper installation of the pipe. Excavation in paved areas shall be confined to a minimum practical width. c. , The Contractor may be required to take remedial actions defined by the Water Utilities Engineer if the maximum trench width exceeds that shown in the table. The specified remedy shall be at the expense of the Contractor. 2. Depth a. Trench depth shall be shown on the Plans as depth of bury or invert grade. Pipe trenches shall be excavated to provide a trench bottom that is firm for its full length and width. Care shall be taken to prevent excavation below the required depth. b. Spongy material, organic matter, or fill material containing concrete, asphalt or debris that is encountered during trenching shall be excavated to the depth designated by the Engineer. C. Areas over -excavated for the Contractor's convenience shall be backfilled with suitable material and compacted to a ti density approximately equal to the density of the adjacent soil, or backfilled with approved bedding material at the Contractor's expense. M. TRENCH GRADING AND FINE GRADING 1. In order to obtain a true, even grade, the trench shall be fine -graded. The material for fine grading shall be free of rocks, roots, grass or any other debris. The depth of the fine grading material shall not exceed three (3) inches. Where the trench is excavated in excess of three (3) inches below grade, the material shall be compacted to 95% Proctor Density or shall be replaced with bedding material. If rock or other unyielding material shall be removed to a depth of three (3) inches below grade and replaced with the bedding material to grade. The grade shall be such that the pipe will rest firmly on the bottom of the trench throughout the entire length of the pipe cylinder. �" City of Lubbock, Dupree Park Sewer Main Replacement 09000-16 N. EXCAVATION FOR STRUCTURES AND APPURTENANCES 1. Excavation for manholes, structures and other "- appurtenances shall be sufficient to provide clearances adequate for proper backfill and compacting on all sides. The depth of excavation, provisions for dewatering, shoring and other applicable portions of these Specifications' shall apply to excavation for structures and appurtenances. 2. All excavated material shall be stockpiled so as not to — endanger the work or workmen, and in a manner that will avoid obstructing sidewalks and driveways. O. DEWATERING 1. All pipe trenches and excavation for structures and appurtenances shall be' kept free of water during pipe laying and other related work. The method of dewatering shall provide for a dry foundation at the final grades of the excavation. Water shall be disposed of in a manner that does not inconvenience the public or result in a menace to public health. Pipe trenches shall contain enough backfill to prevent pipe flotation before dewatering is discontinued. Dewatering shall continue until such time as it is safe to allow the water to rise in the excavation. P. LAYING, ALIGNING AND JOINING PIPE L Sanitary sewer pipe shall be installed in accordance with the manufacture's recommendations for installing the type of pipe used, unless otherwise shown on the Plans or as directed by the Water Utilities Department. 2. Proper equipment, implements, tools and facilities shall be provided and used by the Contractor for safe and convenient installation of the type of pipe being installed. Q. RESPONSIBILITY FOR MATERIAL 1. The Contractor shall be responsible for all materials intended for the Work that are delivered to the construction site and accepted by him. Payment shall not be made for materials found to be defective or damaged in handling after delivery and acceptance. Defective or damaged materials shall be removed and replaced with acceptable materials at the Contractor's expense. _ 2. The Contractor shall be responsible for the safe and proper storage of such materials, until incorporated into the Work. City of Lubbock, Dupree Park Sewer Main Replacement 09000-17 R. HANDLING 1. Pipe and accessories furnished by the Contracting Agency shall be unloaded and distributed at the site by the Contractor. Each pipe shall be unloaded adjacent to or near the intended laying location. 2. Pipe, fittings, specials, valves and appurtenances shall be unloaded and stored in a manner that precludes shock or damage. Such materials shall not be dropped. 3. Pipe shall be handled so as to prevent damage to the pipe ends or to any coating or lining. Pipe shall not be skidded or rolled against adjacent pipe. Damaged coatings or linings shall be repaired by the Contractor, at his expense in accordance with the recommendations of the manufacturer, and in a manner satisfactory to the City's Inspector. S. LAYING PIPE A 1. The pipe and pipe coatings shall be inspected for damage or defects before being placed in the trench. Damaged or defective pipe shall not be installed. Damage to the coatings, linings, or pipe shall be repaired in accordance with pipe manufacturer's recommendations. 2. After the trench has been properly fine graded, the pipe shall be laid in accordance with the following specifications. Each length of pipe shall be inspected for defects and shall be thoroughly cleaned before being lowered into the trench. Pipe laying shall proceed up -grade with the spigot ends pointing in the direction of flow. All pipe shall be laid true to the lines and grades as established by the Engineer, batter boards or laser beam shall be used and each length of pipe set to grade. Bell holes shall be dug at each joint of sufficient depth to allow the entire length of the barrel of the pipe to rest on the bottom of the trench and to allow ample space for properly jointing the pipe. 3. The jointing shall be completed for all pipe laid each day, in order not to leave open points in the trench overnight. At times when pipe laying is not in progress, then open ends of the pipe shall be properly plugged. No pipe shall be laid in water, or when trench conditions or weather is unsuitable for such work. If the pipe is disturbed from line and grade after being laid, the pipe shall be removed from trench, the joints cleaned and the pipe relaid. 4. The Water Utilities Department shall be notified at least 24 r- hours in advance of when pipe is to be laid in any trench. No pipes shall be covered or authorized for cover until they have been inspected by the City's Inspector. r t '"-' City of Lubbock, Dupree Park Sewer Main Replacement 09000-18 T. BACKFILLING AROUND PIPE 1. The backfill around the pipe and to a point 6" above the top of the pipe shall be carefully placed and shall be 3/4" — crushed stone (conforming to A.S.T.M. D-2321 class I bedding material). 2. The remainder of the backfill that is above six inches (6") higher than the top of the pipe at all locations, except under highway crossings and railroad crossings, shall be _ backfilled with loose excavated material in 12" maximum layers and compacted by hydraulic tampers. Water jet tampering shall not be permitted. 3. In areas to be capped with concrete, the remainder of the backfill that is above six inches (6") higher than the top of the pipe shall be backfilled with select excavated — material in 6 inch to 12 inch layers and compacted to 95% standard proctor density. The moisture content shall be attained by prewetting and thoroughly mixing before _ applying appropriate layers to accomplish desired compaction. All surplus material shall be loaded and wasted at the Contractor's expense, at locations approved by the Engineer. 4. Following the completion of the backfilling the Contractor shall maintain the street and trench surfaces, in a _ satisfactory manner until final completion and acceptance of the work. The maintenance to include blading from time to time as necessary, filling depressions caused by — settlement, sprinkling to settle dust, brooming or flushing at the request of the Engineer and other work required to keep the streets and roads in satisfactory condition for traffic. The Contractor shall maintain and be responsible for all — paving cuts until such time as City Forces shall repair cuts with asphalt. U. SURFACE RESTORATION — 1. All streets, alleys, driveways, sidewalks, curbs or other surfaces broken, cut or damaged by the Contractor shall be resurfaced in kind or as shown on the Plans. Surface shall be graded back to original contours and turf re-established on all bare areas as per Section 01011 "Special Contract Requirements". V. CLEAN UP 1. Contractor's expense. All rubbish, unused materials and other non-native materials shall be removed from the jobsite. All excess excavation shall be disposed of as specified by the City's Inspector, and the right-of-way shall be left in a state of order and cleanliness. City of Lubbock, Dupree Park Sewer Main Replacement r 1.9 MANHOLE CONSTRUCTION A. SCOPE 1. The work covered by this Subsection consists of constructing precast; pre -assembled or field assembled manholes for sanitary sewers. Construction consists of excavation; shoring; dewatering; subgrade preparation; construction of base; placement and assembly of risers, cone, or tops; installation of ring, cover and adjusting rings; backfilling; surface restoration and other related work. B. QUALITY STANDARDS 1. The latest published revision of: ASTM C 891: Installation of Underground Precast Concrete Utility Structures shall apply. , C. MATERIALS 1. The Contractor shall install manholes of the dimensions shown on the Plans. D. MANHOLE BASE 1. Field poured concrete bases shall be at least 12 inches thick and not less than 1 (one) foot greater diameter than the outside diameter of the manhole riser section. Concrete shall be minimum 3000 psi. Concrete placement shall conform to ACI and good construction practices. Concrete shall be consolidated and struck - off to a horizontal surface within the forms or pouring rings. 2. Field poured concrete bases shall be reinforced as detailed on the Plans or as shown in the Standard Details. 3. Precast reinforced concrete bases shall be of the size and shape detailed on the Plans or as shown in the Standard Details. E. MANHOLE BARRELS 1. Concrete manhole barrels shall be assembled of precast riser sections. Riser sections shall be placed vertically with tongues and grooves properly keyed. Concrete manholes shall include a water barrier coating on the exterior surface of the concrete. 2. Invert channels shall be smooth and semi -circular in shape conforming to the inside of the adjacent sewer section. Changes in direction of flow shall be made with a smooth curve of as large radius as the size of the manhole will permit. Changes in size and grade of the channels shall be made gradually and evenly. The City of Lubbock, Dupree Park Sewer Main Replacement 09000-20 invert channels may be formed directly in the concrete of the manhole base or may be half -pipe laid in concrete. The floor of the manhole outside the channel shall be smooth and shall slope toward the channel not less than one inch per foot, nor more than two inches per foot. 3. Free drop inside the manhole shall not exceed 30" measured from the invert of the inlet pipe to the invert of the outlet pipe. Where the drop exceeds 30", drop manholes shall be constructed as detailed on the Plans or as shown in the Standard Details. 4. All connections between the riser or base sections and the sewer pipe shall be joined in such a manner as to make the manholes watertight. Preformed rubber waterstop gaskets cast into the riser or base section methods. Preformed flexible plastic sealing compounds similar or equal to "Ramnek" or "Kent Seal" are also acceptable, provided acceptable watertightness is achieved. F. TOP OR CONE SECTIONS 1. Flat top sections may be used on shallow lines where standard cone sections will not conform to specified elevations. 2. Cone shaped top section shall be assembled on top of the manhole barrel with tongues and grooves properly keyed. 3. Adjusting rings or brick may be used for adjusting the top elevation, except that the total height of the adjusting rings shall not exceed 12 inches at any manhole. Each manhole shall have a minimum of 6 inches of grade adjustment. 4. Rings shall be set to the elevations shown on the Plans or established by the City's Inspector. Concrete shall be placed around and under the ring to provide a seal and properly seat the ring at the required elevation. Concrete shall be rounded -off in _ accordance with the Standard Details. G. WATERTIGHTNESS 1. The finished manhole is expected to be as watertight as the pipe system it is incorporated into. Infiltration or exfiltration shall not exceed the limits established in Subsection 1-3.14. The manhole at station 7 +40 will on occasion be underwater from the adjacent playa lake. Special precautions must be made for the ring and cover not to leak during these times. _ 2. All connections between riser sections, bases and tops shall be sealed with preformed flexible plastic joint sealing compound. Application of primer and sealing compound shall be accomplished in conformance with the manufacturer's recommendations. Grade of materials, quantity of materials and application temperatures recommended by the manufacturer shall City of Lubbock, Dupree Park Sewer Main Replacement r H. I. 09000-21 govern. Sealing compound similar or equal to "Ramnek" or "Kent Seal" shall be used. BACKFILLING 1. Backfilling around manholes shall conform to the requirements as specified for backfilling. Bedding material shall be placed up to a point equal to that required for the adjacent pipe. SURFACE RESTORATION 1. The top soil shall have been set aside and put back in place at the surface. The surface shall be compacted and graded back to pre - work conditions. The surface shall be sod with Common or Tex - turf Bermuda. J. QUALITY CONTROL 1. Inspection, testing, approval and acceptance shall conform to the requirements of Section 1.2,1.3,1.4,1.5, and 1.8-B-1. 2. Materials not inspected by the City's Inspector or damaged by an action of the Contractor may be subsequently rejected and replaced at the Contractor's expense. K. CLEAN UP 1. Contractor's expense. All rubbish, unused materials and other non-native materials shall be,removed from the jobsite. All excess excavation shall be disposed of as specified, and the right-of-way shall be left in a state of order and cleanliness. L. CONNECTION TO CITY SEWERAGE SYSTEM 1. Flow of any kind into the existing sewerage system shall not be allowed until the sewer has been satisfactorily completed and accepted for use by the Water Utilities Department. M. TEES FOR SERVICE CONNECTIONS 1. The Contractor shall place wyes and tees for service connections where required by the approved construction plans. Watertight plugs shall be installed in each branch pipe or stub. Tee locations shall be marked with a piece of two inch by four inch lumber extended from the end of the pipe to above ground level. Service lines shall be installed to property line. 2.0. INSPECTION, TESTING, APPROVAL AND ACCEPTANCE OF GRAVITY FLOW SANITARY SEWERS A. SCOPE a. The work covered by this Specification consists of the inspection, testing, approval and acceptance of gravity flow City of Lubbock, Dupree Park Sewer Main Replacement 09000-22 sanitary sewers, including appurtenances normally installed as part of the system. The work may include leakage testing, deflection testing of flexible pipe system and _ television inspection of the interior of the finished sewer system. B. QUALITY STANDARDS — b. The latest published revision of the Quality Standards in effect at the time of bid shall apply. — ASTM C 969: Infiltration and Exfiltration Acceptance Testing of Installed Sewer Lines ASTM C 828: Low Pressure Air Test of Sewer Lines. UNI B 6: Recommended Practice for Low -Pressure _ Air Testing of Installed Sewer Pipe. (Published by Uni-Bell Plastic Pipe Association) C. MATERIALS a. Water used for exfiltration tests shall be potable or as otherwise approved by the City's Inspector. b. Equipment necessary for any of the tests shall be of the type, quality and capacity to perform the operations ._ required and to execute the tests specified, and shall be furnished by the Contractor along with all labor and materials including water. D. INSPECTION a. The City's Inspector shall inspect and approve all work accomplished. Deflection testing shall be performed by the Contractor. E. CLEANING a. Prior to testing any section of sewer, the Contractor shall remove all foreign matter from the interior of the system. -' Flushing a cleaning ball, pressure jetting or other appropriate cleaning method approved by the City's - Inspector may be used. Watertight plugs or other methods approved by the City's Inspector shall then be used to prevent dirt or debris from entering the system. F. TESTING a. Testing shall be conducted by the Contractor and at this own expense. b. All testing shall be accomplished in the presence of the City's Inspector or his authorized representative. The City's _ City of Lubbock, Dupree Park Sewer Main Replacement i 09000-23 Inspector shall be notified 24 hours in advance of the testing. C. Testing shall not commence on any portion of the pipeline, until all field placed concrete in contact with the pipe, fittings or appurtenances is adequately cured. d. The Contractor shall have the option of conducting a water exfiltration test, a low-pressure air test, or an infiltration test if the pipeline is continuously subjected to an exterior hydrostatic head. e. The sewer line being tested may be filled with water for a period long enough to allow water absorption in the pipe wall. The saturation period shall be a minimum of 4 hours and not more than 72 hours. 1. Exfiltration Test a. Each section of the pipeline shall be tested between successive manholes or other structures. The lower end of the section shall be closed with a watertight device. The inlet end of the section to be tested shall be filled with water to a point 4 feet above the pipe invert at the centerline of the upper manhole or structure. If the ground water level is above the pipe invert, the water level in the upper manhole shall be 4 feet above the adjacent ground water level. Ground water level shall be determined by the City's Inspector. b. The allowable leakage by exfiltration shall not exceed 200 gallons/inch diameter/mile/day. The leakage shall be measured by checking the drop in the water level in the upper manhole or structure over a period of 4 hours. C. The Contractor shall repair obvious or concentrated leaks and whatever repairs are necessary to reduce exfiltration leakage to an acceptable rate. The Contractor shall repeat the 4 hour exfiltration test after repairs until an acceptable leakage rate is attained. All repairs required shall be at the Contractor's expense. 2. Low -Pressure Air Test a. The low-pressure air test shall be conducted in accordance to the provisions of UNI -B-6, 7 City of Lubbock, Dupree Park Sewer Main Replacement 09000-24 "Recommended Practice for Low -Pressure Air Testing of Installed Sewer Pipe," published by Uni-Bell Plastic Pipe Association. b. The Contractor shall repeat the low-pressure air test after repairs until an acceptable — pressure drop for the test is attained. All repairs required shall be at the Contractor's expense. _ 3. Infiltration Test a. Infiltration tests are acceptable only if the pipeline is continuously subjected to an external hydrostatic head (ground water level) of at least 2 feet above the top of the — pipe at the upstream manhole or structure. Ground water level shall be determined by the City's Inspector. — b. Infiltration test shall be made by sealing the inlet and outlet ends of this pipeline and measuring the volume of water that infiltrates into the section being tested. Flow measurement may be measured by collecting the discharge into a volumetric measuring container, weir or other approved method. C. The allowable infiltration shall not exceed 200 gallons/inch diameter/mile/day. The test shall be continued over a period of at least 4 hours. Time shall be allowed to soak ' lines and manholes in advance of performing test. The Contractor shall repair obvious or concentrated leaks and whatever _ repairs that are necessary to reduce the infiltration to an acceptable rate. d. The Contractor shall repeat the 4 hour infiltration test after repairs until an acceptable infiltration rate is attained. All repairs required shall be at the Contractor's — expense. e. Whenever the rate of infiltration is found to — exceed the prescribed amount, the Contractor shall be notified in writing. The Contractor may then be required, by the Water Utilities Department, to provide at his own expense, electronic or photographic visual inspection of the interior of the conduit. The Contractor shall make -- City of Lubbock, Dupree Park Sewer Main Replacement N 09000-25 appropriate repairs by methods approved by the Water Utilities Department and shall continue to test the conduit until it is proven satisfactory. G. GENERAL a. Final acceptance of the sewer line shall be based on an inspection covering all items in this specification. The inspection shall be done in an appropriate manner by representatives of the Water Utilities Department. The Contractor shall remedy, at his own expense, any poor alignment or any other defects in workmanship or materials revealed by final inspection. Final acceptance will be based on reinspection of the sewer after the appropriate repairs and corrections are completed. H. T.V. INSPECTION a. Where determined necessary by the City's Inspector, the sewer shall be inspected by T.V. camera prior to final acceptance of the pipeline. The costs incurred in making the initial inspection by T.V. camera shall be borne by the Contracting Agency. b. T.V. equipment expressly designed for pipeline inspection purposes and operated by experienced and qualified personnel shall be pulled through the entire pipeline. The T.V. operator shall maintain a log of all inspections and note location, type and extent of any deficiencies. The T.V. operator shall also photograph all deficiencies and not less than one "typical" location per each 500 feet of pipeline inspected. C. The Contractor shall bear all costs incurred in correcting deficiencies found during the T.V. inspection, including cost of additional T.V. inspection required to verify correction of noted deficiencies. d. T.V. inspection conducted solely for the Contractor's benefit shall be at the Contractor's expense. I. DEFLECTION TEST a. All installed sewer pipe shall be subjected to a deflection test. Deflection tests shall be conducted in the presence of the City's Inspector and after the pipe has been installed and backfilled. b. The deflection test shall be conducted by pulling a mandrel (go -no go device) through the pipe. The mandrel shall be designed and sized for each size of pipe and shall be at least 1.5 pipe diameters in length. The mandrel shall be constructed with an odd number of runners placed parallel City of Lubbock, Dupree Park Sewer Main Replacement 09000-26 to the pipe centerline and equally spaced around the perimeter of the mandrel. Mandrels for 8 inch pipe shall be constructed with at least 9 runners, and more runners shall be utilized for larger pipe sizes. Test mandrel shall be furnished by the Contractor. All test equipment, calibration data and procedures shall be subject to the approval of the City's Inspector. C. Ring or diametric deflection of the installed pipe shall not exceed 5% of the design internal diameter of the pipe. Pipe sections that restrict free passage of the mandrel shall be removed and replaced or excavated, rebedded, backfilled and retested. d. All such repairs, replacement, remedial work and retesting performed by the Contractor shall be at his expense. e. The deflection test may be conducted concurrently with the T.V. inspection of the pipe interior, subject to approval by the City's Inspector. J. ACCEPTANCE a. Flow of any kind into the existing sewerage system shall not be allowed until the sewer has been satisfactorily completed and accepted for use by the Water Utilities Department. b. Portions of the work completed may be placed in operation after all cleaning, testing and inspection requirements have been fulfilled. Such partial use or partial acceptance shall be subject to approval of City Inspector. K. INSPECTION, TESTING, APPROVAL AND ACCEPTANCE OF MANHOLES 1. SCOPE a. The work covered by this Specification consists of the inspection, testing, approval and acceptance of manholes. The work may include leakage testing. 2. QUALITY STANDARDS UNI B-6: Recommended Practice for Low -Pressure Air Testing of Installed Sewer Pipe (Published by Uni-Bell Plastic Pipe Association) ASTM C 969: Infiltration and Exfiltration Acceptance Testing of Installed Concrete Pipe Manholes. 3. MATERIALS City of Lubbock, Dupree Park Sewer Main Replacement 09000-27 a. Water used for exfiltration tests shall be potable or as otherwise approved by the City's Inspector. b. Equipment necessary for any of the tests shall be of the type, quality and capacity to perform the operations required to execute the tests specified, and shall be furnished by the Contractor along with all labor and materials including water. r� 4. INSPECTION I a. The City's Inspector shall inspect and approve all work accomplished. 5. CLEANING a. Prior to testing any manhole, the Contractor shall remove all foreign matter from the interior of the manhole. Chunks of concrete, mortar, or other debris (including dirt that may have intruded into the interior of the manholes) shall be removed by mechanical means. Small gravel or grit may be removed by flushing, pressure jetting or other appropriate cleaning methods approved by the City's Inspector. After cleaning, the manhole cover shall be positioned to prevent dirt or debris from entering the manhole. Other means of preventing intrusion of dirt or debris may be employed if approved by the City's Inspector. 6. TESTING a. All manholes shall be tested for leakage by an exfiltration test. b. Manholes may also be tested for infiltration when, in the opinion of the City's Inspector, high ground water levels indicate the possibility of excessive infiltration leakage at the manhole. C. Exfiltration Test 1. All inlet and outlet pipes in the manhole shall be plugged with a watertight device. The manhole shall be filled with water to a point 4 feet above the outlet pipe invert, measured at the centerline of the manhole. If the ground water level is above the pipe invert, the test level shall be 4 feet above the adjacent ground water level. Ground water level shall be determined by the City's Inspector. 2. The allowable leakage shall not exceed 0.1 gallon/foot diameter/foot of head during a 4 hour City of Lubbock, Dupree Park Sewer Main Replacement 09000-28 test. The manhole may be allowed to remain saturated to allow absorption into the manhole wall for 4 to 72 hours prior to testing. 3. The Contractor shall repeat the 4 hour exfiltration test after repairs until an acceptable leakage rate is attained. All repairs required shall be at the Contractor's expense: d. Infiltration Test 1. Infiltration tests are acceptable only if the connecting conduit is continuously subjected to an external hydrostatic head (ground water level) at least 2 feet above the top of the conduit. Ground water level shall be determined by the procedures set forth in Section 8 of UNI -B-6. 2. All inlet and outlet pipes in the manhole shall be plugged with a watertight device. The volume of _ water that infiltrates into the manhole during a 4 hour period shall be measured in a manner determined by the City's Inspector. The test shall be conducted after the manhole has been subjected to -- the maximum ground water level for at least 4 hours to thoroughly saturate the manhole wall. 3. The allowable infiltration shall not exceed 0.1 gallon/foot of diameter/foot of head during a 4 hour test. 4. The Contractor shall repeat the 4 hour infiltration test after repairs until an acceptable leakage rate is attained. All repairs requires shall be at the Contractor's expense. 7. ACCEPTANCE 1. Portions of the work completed may be placed in operation after cleaning, testing and inspection requirements have been fulfilled. Such partial use of partial acceptance shall be subject to approval of City Inspector. 2. Restoration and Clean Up: a. The Contractor shall restore or replace all removed or damaged paving, curbing, sidewalks, gutters, sod, shrubbery, fences, irrigation ditches, pipe, or other structures or surfaces to a condition equal to that before the work began and to the satisfaction of the Water Utilities Department. As stated previously, the irrigation system for this park shall be in proper opera ncondition prior to final payment. This system includes a pneumatic City of Lubbock, Dupree Park Sewer Main Replacement 09000-29 END OF SECTION y" City of Lubbock, Dupree Park Sewer Main Replacement 4 ,. sprinkler head controls stem and should be given special consideration prior to trenching. When pavement must be replaced and hot -mix asphalt paving is not available, the Contractor shall install cold -mix asphalt over the trench and replace it with hot -mix as soon as possible. The r" r construction site shall be left clean and orderly. b. A minimum base course of six inches shall be ,.. placed in trench areas prior to either permanent or temporary asphalt placement. The base course 1 material shall conform to the following gradation: Percent by Weight Passing Lab Sieves Sieve Designation 7/8" 8-30 1/2" 30-55 #4 50-70 #40 70-90 LL shall not exceed 45 PI shall not exceed 15 LS shall not exceed 5 END OF SECTION y" City of Lubbock, Dupree Park Sewer Main Replacement 4 ,. 09000-30 Appendix 1 Contractor's Affidavit on Closing Job City of Lubbock, Dupree Park Sewer Main Replacement r CONTRACTOR'S AFFIDAVIT ON CLOSING JOB STATE OF TEXAS COUNTY OF LUBBOCK Before me, a Notary Public in and for Lubbock County, Texas, on this day personally appeared who being by me duly sworn, upon oath says: do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated , for , under , and that the work and contract has been completed according to the plans and specifications pertaining to the project and that all labor, materials, supplies and other cost including equipment, rental and hire, and all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by payment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County. I further represent and affirm that all Federal, State and Municipal laws were substantially complied with by me in doing and carrying out the job and .project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and final moneys due me under this contract. Witness my hand this day of_ Attest: Subscribed and sworn to before me this the day of Notary Public in and for Lubbock County, Texas r 09000-31 Appendix 2 Plans and Details of Construction City of Lubbock, Dupree Park Sewer Main Replacement I -B -8 3 7 DUPREE PARK SEWER LINE CONSTRUCT 7401 - 24" SEWER LINE ,/CUT & PLUG EXISTING 24" UPON SUCCESSFUL TESTING OF NEW SEWER 129.55 W 128.81 W 129.45 SE 858.3' — — — — — — — — — — — — — — — — — — — — — — — — — — — — EXISTING 24' VCT @ .1% GWO 10231 5 o I O� �I 1 I `VERTICAL CONTROL X' ON CURB ELEVATION-140.68 tp = 141.96 135.51 N is 135.47 W � W 20" 30' 60' O 20" I60 O o Q 60' 14 1 o H DUPREE PARK 0 11 12 13 14 15 16 17 60' 60' 60' 60' 60' 60' 60' II II Ij Ij _II Ij II 9. R I I 28.67 S I j 28.71 NW I ON I r-m 0� m/ A JL� 6 4.% 20 m 60TH STREET 210' 128.67 128.48 0 60' 60' 60' 60' 60 60' 60' 60' 60' 60' 90' 10 9 8 7 6 5 4 3 2 1-A ACROSS DUPREE 140 135 130 125 PARK 740' (10'-12') CUT NOTES: NFOR CONSTRUCTION QUESTIONS CONTACT: NOTE: I MATT SANCHEZ 0 125 OR DAN SCOTT a 789-1122 Lu 2 m �40 LOCATE IN FIELD CONSTRUCTION FOREMAN: PLEASE PROVIDE AS -GUILTS FOR THIS CONSTRUCTION •�?``v" ' +9�� LUBBOCK WATER UTILITIES J.O. 297026 k: •:rt'M °� •• W.W.0.232.8801 ROGER GRAS 0 SCALE: 1"-100' DATE 9-14-97 M * 1t DESIGNER R.G. Q. � 444K ;' DRAWN BY CR 250 I CONSTRUCT 7401 - 24" SEWER LINE ACROSS DUPREE PARK FOR INFORMATION ONLY LPI rt I S I Ln U° >I �i LPL 1 w > cD zla g �I a w I POLE ~ MANHOLE Fm PUMP STATION ;IE PLAYA LAKE EXISTING 24" 858.3 _______ GHT EXISTING 24" VCT @ .1% GWO 11 �`-9 GRI L O LII `I PICNIC SHELTER TRASH�AN ° �4c" `yE5TIC4 CANTROlLI \ELEVATIONX ON R6T140.b8 NO . Mp H ER OR TH yEHI E, ETC `5y�. .4 W BECPLACEDGWITHINLTH�ADRI('L.iN EXISTING TREES TENNIS COURTS TE PAD ZU3.yt TRASH &AN PICNIC SHELTER \° GRILL I I II ,�GRILL ��LIGHT I I i �_� ti!IMI j I'll � B " 139.rRF irV9Y 1LN& 1 I Ii ! i LIGHTS— i I �Ri'�` I� ■ \ TRASH CAN PICNIC SHELTERS i LIGHT GRILL, %0j � i \ '� O CONTROL BOX 142.33 N \ 15' ESMT RELEASE ------------------ 128.48 E 0 1 —B-839 SCALE 1 "=60'