The URL can be used to link to this page

Home My WebLink AboutResolution - 6029 - Contract - Anthony Mechanical Inc - Hot Water Piping Replacement, LMCC - 10/08/1998Resolution No. 5029 Item No. 35 October 8, 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 Anthony Mechanical, Inc. of Lubbock, TX to install and furnish all materials and services as bid for the Hot Water Piping Replacement at Lubbock Memorial Civic Center 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 8th day of October , 1998. APPROVED AS TO CONTENT: yzr� Victor Kilman Purchasing Manager APPROVED AS TO FORM: -GGG•.: -_ Glc. /P4� illiam de Haas Competition and Contracts Manager/Attorney Wd:dk/Civic Center Piping Replace.RES ccdocs/September 29, 1998 c CITY OF LUBBOCK SPECIFICATIONS FOR HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER BID #98194 CITY OF LUBBOICK Lubbock, Texas P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 - Fax (806) 775-2164 ITB 998194, Addendum #3 Office of Purchasing ADDENDUM #3 ITB #98194 HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER MAILED TO VENDOR: CLOSE DATE: September 14, 1998 September 17, 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. Please see attached Addendum from Fanning & Fanning. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 RShuffield@mail.ci.lubbock.tx.us TH K YOU, Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID ITB 98194 ad3.doc E September 14, 1998 CITY OF LUBBOCK SPECIFICATIONS FOR NOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER BID #98194 ADDENDUM NO. 2 The following items shall be included in the Plans and Specifications for the designated project. Each Bidder shall include in his Proposal the cost of these changes and shall acknowledge receipt of these changes by his signature on his Proposal. IN THE SPECIFICATIONS - 1. In Section 15.201 - PIPING AND ACCESSORIES, Paragraph 2.01, revise the third sentence to read as follows: Each section shall be factory fabricated of straight' standard 20 foot lengths of schedule 40 steel pipe with special couplings to accommodate expansion and contraction due to temperature change. The piping shall be insulated with polyurethane foamed in the PVC casing. ON THE PLANS 1. In THRUST BLOCK. DETAIL, the pipe fitting is shown without insulation. This is correct, fittings in thrust blocks need not be insulated. END OF ADDENDUM NO. 2 Klee,��Cit� SF56 �I •. ......• I~ P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-2164 ITB #9B194, Addendum #2 Office of Purchasing ADDENDUM #2 ITB #98194 HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER MAILED TO VENDOR: September 10, 1998 OLD CLOSE DATE: September 10, 1998 @ 2:00 P.M. NEW CLOSE DATE: September 17,1998.@ 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. The closing date has been changed from September 10, 1998 at 2:00 PM to the new closing date of September 17, 1998 @ 2:00 PM. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 RShuffield@mail.ci.lubbock.tx.us KK YO uffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID POW ITB 98194 ad2.doc P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-2164 ITB #98194, Addendum #1 Office of Purchasing ADDENDUM #9 ITB #98194 HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER MAILED TO VENDOR: CLOSE DATE: September 8, 1998 September 10, 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. Please see attached Addendum from Fanning & Fanning. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 RShuffield@mail.ci.lubbock.tx.us TH K YO ,2 Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID ITS 98194 ad1.doc September 4, 1998 CITY OF LUBBOCK SPECIFICATIONS FOR HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER BID #98194 ADDENDUM NO. 1 The following items shall be included in the.Plans and Specifications for the designated project. Each Bidder shall include in his Proposal the cost of these changes and shall acknowledge receipt of these changes by his signature on his Proposal. IN THE SPECIFICATIONS - No Change ON THE PLANS r i 1. In Sections A and Sections B, the concrete walls and roof are shown to be 6" thick. This is correct. r' 2. The piping inside the vault shall be schedule 40 pipe with welded joints. Insulation shall be 2" thick glass fibers with aluminum metal jacket. Fittings and valves shall be covered with 2" thick glass fiber insulation with aluminum metal jackets. 3. Where new hot water piping crosses existing piping 7 carefully install the new piping under the existing Piping where possible to maintain ability to drain. 4. Every section of piping shall be secured in place with a .. U shaped anchor consisting of No. 4 reinforcing steel rod around the pipe jacket and driven about 6" into the soil below the piping. Two anchors are required for r, each 20 foot section of hot water piping. 5. Note location of existing water fountain. After the fountain is demolished, install hot wateri in F P g through that area. Backfill to the surface grade and r finish the fountain area as a walk. 6. The dashed line north of the Library is believed to be a storm drain line. 7. In the Concrete Vault Detail, two TB will be required at the HWS and HWR elbows outside the vault. 8. At the connection of new HWS & HWR to the existing �^ piping for the Exhibit Hall, add TB. END OF ADDENDUM NO. 1 r i r r `SEP -08 98 14:06 FROM:FANNING. FANNING 806-745-35960 TO:8067752164 September 4, 1998 CITY OF LUBBOCK SPECIFICATIONS FOR HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER BID 098194 ADDENDUM NO. 1 PAGE:0 The following items shall be included in the Plans and `o Specifications for the designated project. Each Bidder o shall include in his Proposal the cost of these changes ti and shall acknowledge receipt of these changes by his 0. signature on his Proposal. IN THE SPECIFICATIONS - No Change ON THE PLANS 1. In Sections A and Sections B, the concrete walls and roof are shown to be 6" thick. This is correct. 2. The piping inside the vault shall be schedule 40 pipe with welded joints. Insulation shall be 2" thick glass fibers with aluminum metal jacket. Fittings and valves shall be covered with 2" thick glass fiber insulation with aluminum metal jackets. 3. Where new hot water piping crosses existing piping carefully install the new piping under the existing piping where possible to maintain ability to drain. 4. Every section of piping shall be secured in place with 'a U shaped anchor consisting of No. 4 reinforcing steel rod around the pipe jacket and driven about 6" into the soil below the piping. Two anchors are required for each 20 foot section of hot water piping. S. Note location of existing water fountain. After the fountain is demolished, install hot water piping through that area. Backfill to the surface grade and_ finish the fountain area as a walk. 6. The dashed line north of the Library is believed to be a storm drain line. 1. In the Concrete Vault Detail, two TB will be required at the HWS and HWR elbows outside the vault. 8. At the connection of new HWS & HWR to the existing piping for the Exhibit Hall, add TB. END OF ADDENDUM NO. 1 09-08-98 13:54 RECEIVED -FROM ---866 T45 35960 P.01 CITY OF LUBBOCK INVITATION TO BID FOR TITLE: HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER ADDRESS: LUBBOCK, TEXAS BID NUMBER: 98194 PROJECT NUMBER: 9204.9221 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS i w i; .w NOTICE TO BIDDERS BID #98194 t 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 2:00 �. o'clock p.m. on the 10th day of September, 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: "HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER" "w 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. a„ It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for a the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 24th day of September. 1998, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a w guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. ` It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre-bid conference on 3rd day of September, at 10:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas I Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and s 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) 775- 2281 at least 48 hours in advance of the meeting. CITY OF L B K 1 VICTOR KILM N PURCHASING ANAGER 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. No Text 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 HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER. 2. 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. 4. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806) 775-2164 TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 90 (NINETY) 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 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 q contract documents. ii t 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. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 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 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: r' (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. 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. 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 constructionof the r, 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. Ot- 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 OW The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all ' cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. �' 3 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 i i` J, j BID SUBMITTAL I BID SUBMITTAL LUMP SUM BID CONTRACT f PLACE: �41in f� DATE: ' T PROJEC//T�� NUMBER: #98194 - HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) _,�•�a Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a // F�E:Gt �� +4LsG��ai•—• T /i� / � J� +� /��.,/1.e1/ia.A C. � i/!iL . �.9�..i! �• 0 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 0 supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. MATER SERVIC .. TOTAL 11,] (AmOUru snap oe snown in oom woras ana numerals. in case of aiscrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. bidding. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the The Bidder agrees that this bid shall be -good and may not be Withdrawn for a g Y period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or j certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable `` without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all 711 necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or C 'fied Check for Fj Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ! 1, which it is agreed shall be collected and retalnell by the Owner as liquidated damages In the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, Insurance certificates, and the required bond (if any) with the Owner within 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. jM Bidder understands and agrees that the contract to be executed by Bidder shall be bound documents made available to him for his inspection in accordance with the Notice to Bidders._ � Q (Seal if Bidder is a Corporation) ATTEST: ec tary Bidder acknowledges receipt of the following addenda: Addenda No. I_ Date Addenda No. �_ Date Addenda No. Date Addenda No. Date or Typed Name) include all contract Ci County Sta a Zip Code Telephone: &) - .. Fax: 6WM - i LIST OF SUBCONTRACTORS Minority Owned Tes No 2. L 3. r / i-1— MIN Vol L 4. 5. r� L 6. � 7. L 8. MR 9. 10. .. P I P" 3 9-09-1998 9:24.AM FROM ANTHONY MECHANICAL 806 'Id7 7733 P.3 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained iii this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid Insurance certificate to the City meeting all of the requirements. defined In this bid/proposal. Contractorn re (S�g atu ) .. _ C ntracior (Print) CONTRACTOR'S NAME: ANTHONY MECHANICAL, INC. (Print or Type ) ' CONTRACTOR'S ADDRESS: P. 0. Box 2706 LUBBOCK, TEXAS •79408 Name of Agent/Broker: THE INWEST GROUP, INC. Address of AgentlBroker: 110-N...MARIENFELD, SUITE 330 City/State/Zip: MIDLAND, TEXAS 79701 Agent/Broker Telephone Number. ( 915 ) 570-3456 Date: 9/10/98 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. if you have any questions conceming these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 776-2165. BID 098194 - NOT WATER PIPING REPLACEMENT AT LUBBOCK, MEMORIAL CIVIC CENTER 4 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND ° COLONIAL AMERICAN CASUALTY AND SURETY COMPANY PM Companies HOME OFFICES: P.O. BOX 1227 BALTIMORE, MD 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, . ANTHONY MECHANICAL ._INC . — (Here insert the name and address or legal title of the Contractor) as Principal, (hereinafter called the "Principal"), AMERICAN CASUALTY AND SURETY COMP and------------------------ ONIAaltimore, Maryland, a corporation duly organized (Here insert the name of the Surety) ' under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety") are held and firmly bound unto CITY OF LUBBOCK (Here insert the name and address or legal tide of the Owner) as Obligee, (hereinafter called the "Obligee"), in the sum of- _FIVE —PERCENT _ OF THE GREATEST AMOUNT BID--------- Dollars (a ------5x-------), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for_. —_—HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER BID NO. 98194 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this._.._ 10TH SEPTEMBER --yoA.D., 1998 I ANTHONY MECHANICAL, INC. (SEAL) -- 61 OkAaa Princi F7. 1llPSS --a4r�----------- o �! �•..�4� �'' Tirle 7 ❑ FIDELITY AND DEPOSIT A OF MARYLAND / COLONIAL AMERICAN COCAS A AND SU ET Y OMPANY l� i!��' ' SurFty PM WirmuS VIN J. DN Ti UNtle ATTORNEY—IN—FAC C323lw rx an -1 41 :?can CUntunn. In %nhncin ImaWlc .l 4rchllc0% I'ftvumcnl A-lla, F'chrua 19V Fduu. C 6 i„ The FIDELITY AND DEPOSIT COMPANY OF MARYLAND a D COLONIAL AMERICAN CASUALTY AND SURETY COMPANY iPa HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appoino0ward. C'o n, and Kevin J. Dunn, both of Lubbock, Texas, EACH................o/z, q.................� e true ano lawfulagent and Attorney -in -Fact of each, to make, ex Tealand ; for, and on its behalf as surety, and as its act and deed: any and all bonds and undert s ...E bonds on behalf of Independent Executors, Community Survivo nd Co ty Guardians ............... And -the execuuon of such bonds or undertakings in pursuan ese prese �I1 be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had beet executed knowledged by the regularly elected officers of the respective Companies at their offices in BaltiFr to their o�toper persons. This power of attorney revokes that issued on behalf od ;1_5�_ etal, dated February 18, 1991. _ IN WITNESS WHEREOF, the said Vice -Pr the Corporate Seals of the said FIDELITY SURETY COMPANY this_.__ 1 ATTEST: Assistant Wetaries have hereunto subscribed their names and affixed Y OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND day of •January , A.D. 19-9 DEPOSIT COMPANY OF 4 By Pict -Pres' PM COLONIAL AMERICAN CASUALTY AND SURETY OMP liSEA ______.___� __C?-e�•� Lo By _ Assistant Secretary ice -Pres' nt r STATE OF MARYLAND CITY OF BALTIMORE SS: On this 1 st day of January , A.D. 1992, before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice -Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally !mown to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.' IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at ft;C;!!the Vy fust flan. is Car01 J. Fader My commission expires ..�Aug,s I- 1992 CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-presidents who executed the said Power of Attorney were Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore 'or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the. said Companies, this 10TH ___day of_ SEPTEMBER��- t9.98, PM 168-5048 Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, "- Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaldng, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages---and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY�COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons _ to execute on behalf of the Company any bonds, undertaldngs, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." 69-68-98 14:43 CITY OF LUBBOCK PUR ID=8667752164 P•61 ar P.O. Box 2000 Ltrbbork. Texas 79457 (806) 775-2167 9 Fax (806) 775-2164 1T6 #96194, Addendum #1 Oftice of Purchasing ITB #98194 HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER MAILED TO VENDOR: September 8. 1998 CLOSE DATE: September 10, 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 ITS documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please see attached Addendum from Fanning & Fanning. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be taxed to - (806) 775-2164 or Email to: RShuffieldQmait.ci.lubbock.tx.us K YO Ron Shuffield Senior buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID ITS 98194 aa7.aoc r" PM -9E! 14:44 t;1TY OF LU55OCK POO September 4, 1998 l��tl@67"152164 CITY OF LUBBOCK SPECIFICATIONS FOR HOT WATER PIPING REPLACEMENT + AT LUBBO= MEMORIAL CIVIC CENTER BID 098194 ADDENDUM NO. 1 The following items shall be included in the plans and Specifications for the designated project. Each bidder shall include in his Proposa: the cost of these changes and shall acknowledge, receipt of .- ese changes by his signature on his Proposal. IN THE SPECIFICATIONS - No Change ON THE PLANS 1. In Sections A and Sections B, the concrete walls and root are shown to be 6" thick. This IS correct. 2. The piping inside the vault shall be schedule 40 pipe ws.th welded joi:tts. Insulation shall be 2" thick glass fibcrs with aluminum metal jacket. Fittings and valves Shall be covered with 2" thick glass fiber insulation with aluminyu metal packets. 3. where new hot water piping crosses existing piping carefully install the naw piping under the existing piping where possible to maintain ability to drain. 4. Every section of piping shall be secured in place with a 17 %hayed ancror consisting 0% No. 4 reinforcing steel rod around the pipe jacket and d.iven about 6" into the soil below the piping. Two anchmrs are required for each 20 foot section of hot water piping. S. Note location of existing water fountain. After the fountain is demolished, install hot water piping through that area. Backfill to the surface grade and finish the fountain area as a walk. 6. The dashed line nortn of the Library is believed to be a srorri drain line. 7. Tn the Concrete Vault netall, two TS will be required at the RKS and HFiR elbows outside the vault. S. At the connection of new HISS & HWR to the existing piping for the Exhibit Hall, add TB. END OF ADDENDUM No. 1 P•. @2 0" 01w w2i-i6-2sd i6.6z %,i •': %W i.Vb6vt;n rVn iJ-oboi7`3�ioi r.d1 P.O. iiux 2000 Lu=,",k. 1'c"s 794.f457 1,S06) 773-2137 • F;LN ( i)rij 775-21b4 JC ;4',04, nJUbigiwil ;j Oifia:c o7 Purc, asink ADDENDUM #2 ITB #98194 HG i WA-FER PIPING REPLACEMENT AT' LUBBOCK MEMORIAL CIVIC CENTER MAILED TO NEMOOR: September 10,1999 OLD CLOSE DATE: September 10, 1998 (0_ 2:00 P.M. NEW CLOSE DATE. September 17, 1998 G 2:40 P.l:1. The folloviinq 'ears take precedence over specifln atlons for the stove named Invitation to Bid (TTS), Where any item called for in the ITB docurr+ents is supplemented titre, the original mquirements. not affected by this addendum. shall remain in efferx 1. The closing Gate has been changed frorn September 10, 1998 at 2.00 PM to the ngw closing date of September 17. 1898 C 2.00 rj*wl. All requests for additional information or clarificstlon trust be submitted in writing and directed tc• Ron Shuffieid. Senior Buyef C-11117 cf Lut?t:OCk P O. Box 2000 Lubbock. Texas 79457 Questions may be faxes to; (806) 775-2164 or Email to. RShuffieidpmaii.ci.lubbock.tx.us K YO ffield Senior Buyer PLEASE RETURN ONE COPY OF TMS ADDENDUM WITH YOUR BID itis 58154 uux.coc P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-2164 ITS #98194, Addendum #3 Office of Purchasing ADDENDUM #3 - ITB #98194 HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER MAILED TO VENDOR: September 14, 1998 CLOSk DATE: September 17, 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. Please see attached Addendum from Fanning & Fanning. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 RShuffield@mail.ci.lubbock.tx.us 4THK YOU, Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID ITS 98194 ad3.doc Seca It, .(�. /V ri PI* September -14, 1998 CITY OF LUBBOCK SPECIFICATIONS FOR HOT WATER PIPING REPLACEMENT '. AT LUBBOCK MEMORIAL CIVIC CENTER ^ HID #98194 ADDENDUM N0. 2 ^ The following items shall be included in the Plans and Specifications for the designated project. Each Bidder r• shall include in his Proposal the cost of these ,changes " and shall acknowledge receipt of these changes by his ` signature on his Proposal. IN THE SPECIFICATIONS - 1. In Section 15.201 - PIPING AND ACCESSORIES, Paragraph 2.01, revise the third sentence to read as follows: „M Each section shall be factory fabricated of straight- standard 20 foot lengths of schedule 40 steel pipe with special couplings to accommodate expansion and contraction due to temperature change. The piping shall be insulated with polyurethane foamed in the PVC casing. ON THE PLANS 1. In THRUST BLOCK DETAIL, the pipe fitting is shown �- without insulation. This is correct, fittings in thrust blocks need not be insulated. PM END OF ADDENDUM NO. 2 Seca It, .(�. /V ri { i 6 J 1 f Ire PAYMENT BOND , I �l 1` ,ww { Boto CHECK BEST RATING LICENSED 1 TEXAS i DATEsy I, 1 BOND NO. 08097738 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that ANTHONY MECHANICAL. INC. (hereinafter called the Principal(s), as Principal(s), and COLONIAL AMERICAN CASUALTY AND SUgETy COMPANY (hereinafter called the SureW fibA I01M LIK—to "ars ( ICity of Lubbock (hereinafter called the Obligee), in the amount of _TATRTy nnm un ji nn$212.630.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, ! executors, successors and assigns, jointly and severally, firmly by these presents. r WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the STH day of OCTOBER , 19-2L, , to 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. 7, 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 a's 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 OCTOBER 1998 COLONIAL. AMERICAN LTY AM Surety SURETY C Y r .By. itle) HOWARD COWAN ATTORNEY-IN-FACT r• ANTHONY MECHANICAL. INC. Principal By: (Title) By: (Title) The undersigned surety company represents that itis 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. COLONIAL -AMERICAN CASUALTY AND SURETY COMPANY l ^ Surety By ( itle) HOWARD COWAN ATTORNEY-IN-FACT Approved as to form: k u City of Lubbock City Attorney R.. " 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 2 No Text pa BOND NO. 08097738 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) ANTHONY MECHANICAL, INC. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and r COLONIAL AMERICAN CASUALTY AND SURETY COMPANY (hereinafter called the Sums) ty r e�� 01ya City of Lubbock (hereinafter called the Obligee), in the amount ofTxTR�ry a n u _________�_ 1Pe ($ 212.630, 00 lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the8TH day of OCTOBER , 199§ to BID #98194 - HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER f and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully I^ 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 day of OCTOBER —119 98 . ,... COLONIAL AMERICAN CA TY I Surety D SURETY f. (Title) HOWARD COWAN ATTORNEY-IN-FACT By: (Title) By: (Title) - 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 I whom service of process may be had in matters arising out of such, suretyship. l COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Surety I, *By (Title) HOWARD COWAN ATTORNEY-IN-FACT Approved as to Form City of Lubbock 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. IMPORTANT NOTICE To obtain information or make a complaint: You may contact the. Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512)475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Tree FIDELITY AND DEPOSIT COMPANY OF MARYLAND a D COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELrrY AND DEPosrr COMPANY OF MARYLAND, and the COLoNL+L AMERicAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice-president, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in fall force and effect on the date hereof, do hereby nominate, constitute and appoint ow Co n and Kevin J. Dunn, both of Lubbock, Texas, EACH.... e true arid lawtul agent and Attorney -in -Fact of each, to make, ex and , for, and on its behalf as surety, and as its act and deed: any and all bonds and undert s...E bonds on behalf of Independent Executors, Community Surviv nd C ty Guardians. ............. execution o sue or undertakings in pursuan ese prese be as binding upon said Companies, as fully OM and amply, to all intents and purposes, as if they had bee executed cknowledged by the regularly elected officers of the respective Companies at their offices in Baltimorem their Mroper persons. This power of attorney revokes that issued on behalf of O rd Co.etal, dated February 18, 1991. IN WrrNEss WHEREOF, the said Vice-Presid Assis have hereunto subscribed their names and affixed the Corporate Seals of the said FwLrrY Err Co P of MARYLAND and the COLONUL AMERICAN CASUALTY AND SURETY COMPANY this 1 ° day of January A.D. 19M 0 ' A17EST: FID AND DEPOSIT COMPANY OF e M1 By C ,,'. Assistant rke-Presidek �.. COLONIAL AMERICAN CASUALTY AND SURETY oMP frSFAL By Assistant Secretaryru-e-P STATE OF MARYLAND t, CrrY OF BALTIMORE ,' On this Ist day of. January , A.D. 1992, before the subscriber, a Notary Public of to State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Via -Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, 7 and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Ccrporau Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.' IN TESTIMONY WHEREOF, I have hereunto sex my hand and affixed my Official Seal at the taeV tilt ri - ,• TO No P c Carol J. Fader " �.,.,, ��• My commission expiresAil ist 1, 1992 i^ CERTIFICATE l I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN i CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, tri and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Via -Presidents who executed the said Power of Attorney Flo were Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a mating duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore r.ex hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same fora and effect as though manually affixed.,, IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 19TH day of+--Q-UOBER 19-$ 168-5048 Assistant Secretary r- _ _....I.. _ . __ _:. AGWORD. CERTIFICATE OF INSURANCE DATE(MMIDDfM 10/19/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE INWEST GROUP, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 110 N. MARIENFELD, SUITE 330 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MIDLAND TEXAS 79701 COMPANIES AFFORDING COVERAGE COMPANY ! A REPUBLIC FRANKLIN INS. (UTICA) I INSURED COMPANY I ANTHONY MECHANICAL, INC. B UTICA NATIONAL INS. CO. P. 0. BOX 2706 COMPANY LUBBOCK, TEXAS 79408 C TEXAS WORKERS COMP. INS. FUND COMPANY 1 1 D SECURITY INS. CO. HARTFORD (MCGEE) COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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 THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t COt TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLI LTR DATE (MM7DD/Y1f) CY EXPIRATION DATE (MMIDD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR OWNERS h CONTRACTOR'S PROT CPP2303656 7/1/98 7/1/99 GENERAL AGGREGATE $ 2000000 PRODUCTS - COMP/OP AGG $ 2000000 PERSONAL & ADV INJURY $ 1000000 EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) $ 0000 MED EXP (Any one peen) $ 5000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP2303655 7/1/98 7/1/99 COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE LABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ BUMBRELLA LOTHER EXCESS LIABILITY FORM THAN UMBRELLA FORM CULP2303651 7/1/98 7/1/99 EACH OCCURRENCE $ 4000000 AGGREGATE $ $ `+ WORKERS COMPENSATION AND EMPLOYERS'LIABILTTY THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE OFFICERS ARE: EXCL TSF1079603 7/1/98 7/1/99 STATUTORY LIMITS EACH ACCIDENT $ 1000000 DISEASE - POLICY LIMIT $ 1 000000 DISEASE • EACH EMPLOYEE $ 1000000 D OTHER INSTALLATION FLOATER CCIMG34721 7/1/98 7/1/99 PER JOB PER OCC. $ 2000000 $ 4000000 UtJ(:MIY I WN VF UFLhA 11VNS(LWUATtVNS/VEMIGLEW5PECIAL ITEMS RE: CITY OF LUBBOCK - BID #98194 - HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER. ADDITIONAL INSURED (EXCEPT WORKERS COMP.) AND WAIVER OF SUBROGATION IN FAVOR OF THE ,'CITY OF LUBBOCK CERTIFICATE HOLDER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TEXAS i ACORD 2S -S (3/93) 79457 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON.OITHE COMPANY /ITS AGENTS OR REPRESENTATIVES. &ACORD CORPORATION 19931 A001:1/. CERTIFICATE OF INSURANCE DATE(MM/DWM 10/19/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE INWEST GROUP, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 110 N. MARIENFELD, SUITE 330 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MIDLAND, TEXAS 79701 COMPANIES AFFORDING COVERAGE COMPANY A REPUBLIC FRANKLIN INS. (UTICA) INSURED COMPANY i ANTHONY MECHANICAL, INC. B P. 0. BOX 2706 COMPANY LUBBOCK, TEXAS 79408 C I COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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 THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY L R TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DDfYY)N LIMITS A GENERAL LIABILITY GENERAL AGGREGATE $ 1000000 OTHER THAN AUTO ONLY: �( COMMERCIAL GENERAL LIABILITY FORTHCOMING 10/19/98 10/19/99-' PRODUCTS - COMP/OP AGG $ $ CLAIMS MADE ❑ OCCUR EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM PERSONAL & ADV INJURY $ $ X OWNER'S d CONTRACTOR'S PROT $ $ EACH OCCURRENCE $ 1000000 STATUTORY LIMITS FIRE DAMAGE (Any one tire) $ MEA EXP (Any one person) $ i AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE 1 $ EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE - POUCY LIMIT $ PARTNERSIEXECUTIVE OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE $ OTHER NAMED INSURED: CIOF LUBBOCK P. BOX 2000 LUB OCK, TEXAS 79457 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS RE: CITY OF LUBBOCK - BID #981.94 - HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER 6 - CERTIFICATE HOLDER CANCELLATION CITY OF LUBBOCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE P. O. BOX 2000 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL P P. 0. B TEXAS 79457 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PANY, ITS NIS OR REPRESENTATIVES. 1 AUTHORIZED REPRESENTATIV ACORD 25-S ( 3) 0 AT O PORATiON 1993 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE - POUCY LIMIT $ PARTNERSIEXECUTIVE OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE $ OTHER NAMED INSURED: CIOF LUBBOCK P. BOX 2000 LUB OCK, TEXAS 79457 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS RE: CITY OF LUBBOCK - BID #981.94 - HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER 6 - CERTIFICATE HOLDER CANCELLATION CITY OF LUBBOCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE P. O. BOX 2000 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL P P. 0. B TEXAS 79457 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PANY, ITS NIS OR REPRESENTATIVES. 1 AUTHORIZED REPRESENTATIV ACORD 25-S ( 3) 0 AT O PORATiON 1993 CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and �.., (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; i. (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: 2 , p`" f w 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." "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 r., report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; A 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. r� ,w. ;',� l ';� :'� '� '� ',+�, ,� CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 81h day of October,1998 by and between the City of Lubbock, r County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, W _ hereinafter referred to as OWNER, and Anthony Mechanical. Inc. of the City of Lubbock, 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 #98194 - HOT WATER PIPING REPLACEMENT AT LUBBOCK MEMORIAL CIVIC CENTER - $212,630.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. A7 T: Secret ROVED AS TO CONTENT: Owner's Wresentatir APPROVED AS TO FORM: City Attorney ATTEST: Corporate Secretary CONTRACTOR: ANTHONY MECHANICAL, INC. PRINTED NAME:_W,, It TITLE: Pc e� a pct COMPLETE ADDRESS: Anthony Mechanical, Inc. PO Box 2706 Lubbock, TX 79408 No Text t GENERAL CONDITIONS OF THE AGREEMENT 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. P 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit ANTHONY MEC HANICAL,_INC. who has agreed to perform the work embraced in this contract, or their legal representative. l; r 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative FREDDY CHAVEZ, INTERIM ASSISTANT MANAGER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or E 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. r 4. CONTRACT DOCUMENTS ,., The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed i 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". w t. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owners 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 i Representative. 6. SUBCONTRACTOR G The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work Is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the. Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES Al 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. 2 r 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to 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 to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) 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 i furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S .UNDERSTANDING . r- It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the j contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the worksite, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. 4 Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. Incase the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age 5 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. 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. 6 7 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE I The Contractor shall not commence work under this contract until he has obtained all insurance as required in the i 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, x 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 $1,000,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $1,000,000.00 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, $1,000,000.00 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 0.00% 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 $0.00 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 $500,000.00. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has 8 fol 4 undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or `., delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor. Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; ", 9 (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 i' (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project,.and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; I (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive Information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (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 Ktl 30 31 (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. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 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. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 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. 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 a { L 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 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 r" direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. r 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 15 39. PROTECTION OF ADJOINING PROPERTY The Contractor shad 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 r 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 shalt 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. j 45. CORRECTION OF WORK a Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which r " shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. �,. 46. PAYMENT WITHHELD t x 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 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 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. 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. 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 r Resolution No. 5121 March 14, 1996 Item #19 WHEREAS, the City Council has heretofore established the general prevailing rate of 1 per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's ( .. Ann.Civ.St., Art. 5159a; and }` WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated b}* 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: 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 he as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 14th da rch 4TTEST: 3etty M. Anson. City Secretary kPPROVED AS TO CONTENT: '7)e� av�z� Bary And ws, Managing Director of luman Resources kPPROVED AS TO FORM: afold `Villard,' Assistant City Attorney HW: da/ ccdocs/pubworks. res February 14, 1996 2 F'�q ' :.re , 1996. N, TWYOR 1:11: City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified Hourly Rate 10.00 11.00 5.50 8.00 11.00 11.00 6.00 11.00 6.00 7.50 10.00 13.00 6.00 8.50 7.50 8.50 8.00 9.00 5.50 8.00 5.50 5.50 9.50 10.50 6.00 8.00 5.50 8.75 5.50 10.00 EXEnIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly to Asphalt Heaterman 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 Ha88er 5.50 Form Setter 6.50 Form Setter -Helper 5.50 Laborer -General 5.50 Laborer -Utility 6.25 Mechanic 7.25 Mechanic -Helper 5.50 Power Equipment Operators Asphalt Paving Machine 7.00 Bulldozer 7.00 Concrete Paving Machine 7.00 Front End Loader 6.50 Heavy Equipment Operator 7.00 Light Equipment Operator 6.50 Motor Grader Operator 8.50 Roller 6.00 Scraper 6.50 Tractor 6.50 Truck Driver -Light 6.00 Truck Driver -Heavy 6.50 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT D Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. No Text SPECIFICATIONS FOR THE CHS/CHR HWS/HWR PIPING REPLACEMENT CITY OF LUBBOCK LUBBOCK, TEXAS 914141 ct 32.E — PREPARED BY: FANNING, FANNING AND ASSOCIATES, INC. CONSULTING ENGINEERS 2555 74TH STREET LUBBOCK, TEXAS 79423 TEL: (806) 745-2533 FAX: (806) 745-3596 AUGUST, 1998 n SPECIFICATIONS INDEX FOR THE CHS/CHR HWS/HWR PIPING REPLACEMENT CITY OF LUBBOCK LUBBOCK, TEXAS 02.100 EARTHWORK 2 03.100 CONCRETE WORK 12 15.010 GENERAL PROVISIONS FOR MECHANICAL AND ELECTRICAL 2 15.110 SITE UTILITIES 3 15.210 PIPING AND ACCESSORIES 2 J roll SECTION 02.100 - EARTHWORK PART I - GENERAL 1.01 RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 specification sections, apply to work of this section. 1.02 DESCRIPTION OF WORK A. The extent of earthwork is shown on drawings. B. Backfilling for vault and piping trenches is included as part of this work. C. All backfill shall be flowable fill, controlled load strength material. 1.03 QUALITY ASSURANCE A. Codes and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. B. Safety Precautions and Programs: 1. It shall be the duty and responsibility of the Contractor and all of its subcontractors, to be familiar and comply with all requirements of Public Law 91-596, 29 U.S.C. Secs. 651 et seq., the Occupational Safety and Health Act of 1970, (OSHA) and all amendments thereto, and to enforce and comply with all of the provisions of this Act. 2. In addition, the Contractor on this project and all of its subcontractors shall comply with all requirements of 29 C.F.R. Secs. 1926.652 and 1926.653, OSHA Safety and Health Standards. Before commencing any trench excavation which will exceed a depth of five feet, the Contractor will provide the Owner with detailed plans and specifications regarding the safety systems to be utilized. Said plans and specifications shall include a certification from a registered professional engineer indicating full compliance with the OSHA provisions printed above. The Contractor shall require a pay item classification, pursuant to paragraph 7.1 of the above document, for the particular safety system to be utilized. 1.04 JOB CONDITIONS A. Site Information: !" 1. A subsurface soils investigation at the site has not been performed. Test borings and other exploratory operations may be made by the Contractor at no additional cost to the Owner. 2. Existing Utilities: Locate existing underground utilities in areas of work. If utilities are to remain in place, provide 1 adequate means of protection during earthwork operations. 3. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult utility owner immediately for directions. Cooperate with Owner and utility r companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. 4. Do not interrupt existing utilities serving facilities occupied and used by Owner or others, except when permitted in writing by the Engineer and then only after acceptable temporary utility services have been provided. 74 5. Use of Explosives: The use of explosives is not permitted. 6. Protection of Persons and Property: Barricade open excavations occurring as part of this work and post with warning lights. 7. Operate warning lights as recommended by authorities having jurisdiction. 8. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork r operations. C .. 97034 02.100-1 PART III - EXECUTION 3.01 EXCAVATION A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations., B. Earth excavation includes removal and disposal of pavements and other obstructions visible on ground surface, underground structures and utilities indicated to be demolished and removed, material of any classification encountered that are not classified as unauthorized excavation. C. Stability of Excavations: 1. Slope sides of excavations to comply with local codes and ordinances having jurisdiction. Shore and brace where sloping is not possible because of space restrictions or stability of. material excavated. 2. Maintain sides and slopes of excavations in safe condition until completion of backfilling. 3. Shoring and Bracing: Provide materials for shoring and bracing, such as uprights, stringers and cross -braces, in good serviceable condition. 4. Establish requirements for trench shoring and bracing to comply with local codes and authorities having jurisdiction. 5. Maintain shoring and bracing in excavations regardless of time period excavations will be open. Carry down shoring and bracing as excavation progresses. 6. Dewatering: Prevent surface water and subsurface or ground water from flowing into excavations and from flooding project site and surrounding area. 7. Do not allow water to accumulate in excavations. Remove water to prevent softening of foundation bottoms, undercutting footings, and soil changes detrimental to stability of subgrades and foundations. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations. 8. Convey water removed from excavations and rain water to collecting or run-off areas. Establish and maintain temporary drainage ditches and other diversions outside excavation limits for each structure. Do not use trench excavations as temporary drainage ditches. 3,02 DISPOSAL OF EXCESS AND WASTE MATERIALS A. Removal from Owner's Property: Remove waste materials, including unacceptable excavated material, trash and debris, and dispose of it off Owner's property. B. Removal to Designated Areas on Owners' Property: Transport acceptable excess excavated material to designated soil storage areas on Owner's property. Stockpile soil or spread as directed by the Engineer. END OF SECTION 97034 02.100-2 J, r* SECTION 03.100 - CONCRETE WORK PART I - GENERAL 1.01 RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 specification sections, apply to work of this section. 1.2 DESCRIPTION OF WORK: The extent of concrete work is shown on the Drawings. 1.03 QUALITY ASSURANCE A. Codes and Standards: Comply with the provisions of the following codes, specifications and standards, except where more stringent requirements are shown or specified: B. ACI 301 "Specifications for Structural Concrete for Buildings". ACI 304 "Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete". ACI 311 "Recommended Practice for Concrete Inspection". ACI 318 "Building Code Requirements for Reinforced Concrete". ACI 347 "Recommended Practice for Concrete Formwork". MSP -1-90 Concrete Reinforcing Steel Institute, "Manual of Standard Practice". C. Workmanship: The Contractor is responsible for correction of concrete work which does not conform to the specified requirements, including strength, tolerances and finishes. Correct deficient concrete as directed by the Engineer. D. Design and Testing: 1. The Contractor shall bear all expenses in connection with securing proper laboratory designed mixes. Mixes proposed for use in this project shall be tested by means of actual cylinder breaks, with all information being reported to the Engineer. A proven, established, mix from an acceptable ready -mix plant may be used. Provide a minimum of 5 recent different compression test reports for the proposed mix. 2. Job site cylinders shall be taken when the Engineer so directs. The Contractor shall notify the testing laboratory when test cylinders are to be taken. The laboratory shall come to the site and take the concrete cylinders, and be responsible for their care and handling including breaking of same at laboratory. 3. The laboratory shall be an independent testing laboratory designated by the Engineer and the Owner. 4. All expense for taking and testing concrete cylinders shall be borne by the Contractor. 5. Test results shall be furnished to the Engineer and the Contractor. 6. Any concrete not meeting strength requirements shall be further tested. If further tests indicate concrete will ultimately never meet strength requirements, the understrength concrete will be replaced with new as directed by the Engineer. 1.04 SUBMITTALS A. Manufacturer's Data: Submit manufacturer's product data with application and installation instructions for proprietary materials and items, including reinforcement and forming accessories, admixtures, patching compounds, waterstops, joint systems, and others as requested by the Engineer. B. Shop Drawings: Submit shop drawings for fabrication, bending, and placement of concrete reinforcement. Comply with the ACI 315 "Manual of Standard Practice for Detailing Reinforced Concrete Structures" showing bar schedules, stirrup spacing, diagrams of bent bars, arrangement of concrete reinforcement. Include special reinforcement required at openings through concrete structures. r 97034 03.100-1 t, PART II — PRODUCTS 2.01 FORM MATERIALS A. Forms for Exposed Finish Concrete: Unless otherwise shown or specified, construct all formwork for exposed concrete surfaces with plywood, metal, metal framed plywood -faced or other acceptable panel -type materials, to provide continuous, straight, smooth, exposed surfaces. Furnish in largest practicable sizes to minimize number of joints and to conform to joint system shown on the Drawings. Provide form material with sufficient thickness to withstand pressure of newly -placed concrete without bow or deflection. Forms used for this class of concrete shall be new or "good -as -new". B. Use plywood complying with U.S. Product Standard PS -1 "B -B (Concrete Form) Plywood" Class I, Exterior Grade or better, mill -oiled and edgesealed, with each piece bearing legible trademark of an approved inspection agency, unless otherwise acceptable to Engineer. C. Forms for Unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. D. Corrugated Steel Forms: Shall be 1.00 as manufactured by Vulcraft, a division of Nucor, Grapeland, Texas, or approved equal. Decking shall be formed from 20 gauge galvanized sheets. 2.02 REINFORCING MATERIALS A. Reinforcing Bars: ASTM A 615, Grade 60. B. Supports for Reinforcement: 1. Provide supports for reinforcement including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing bars and welded wire fabric in place. Use wire bar type supports complying with CRSI, unless otherwise specified. Wood, brick and other devices will not be acceptable. 2. For slabs -on -grade, use supports with sand plates for horizontal runners where wetted base materials will not support chair legs. 3. For exposed -to -view concrete surfaces, where legs of supports are in contact with forms, provide supports with legs which are .- hot/dip galvanized, or plastic protected or stainless steel protected. 2.03 CONCRETE MATERIALS A. Portland Cement: 1. ASTM C 150, Type I, unless otherwise acceptable to the Engineer. 2. Use only one brand of cement throughout the project, unless otherwise acceptable to the Engineer. B. Fine Aggregate: 1. Clean, sharp, natural sand free from loam, clay, lumps or other deleterious substances. 2. Dune sand, bank -run sand and manufactured sand are not acceptable. C. Coarse Aggregate: ASTM C 33. Clean, uncoated, processed aggregate containing no clay, mud, loam or foreign matter as follows: 1. Crushed stone, processed from natural rock or stone. 2. Washed gravel, either natural or crushed. Use of pit or bank -run .. gravel is not permitted. 3. Provide aggregate from a single source for all exposed concrete. D. Maximum Aggregate Size: 1. Not larger than one-fifth of the narrowest dimension between sides of forms, one-third of the depth of slabs, nor three-fourths of the minimum clear spacing between individual reinforcing bars or bundles or bars. 2. These limitations may be waived if, in the judgment of the Engineer, workability and methods of consolidation are such that concrete can be placed without honeycomb or voids. E. Fly Ash: ASTM C 618, Type C or Type F. F. Water: Clean, fresh,.drinkable. G. Air -Entraining Admixture:, ASTM C 260. 97034 03.100-2 PRO H. Water -Reducing Admixture: ASTM C 494, Type A, containing not more than 0.1% chloride ions. r.. I. Set -Control Admixtures: ASTM C 494, as follows: 1. Type B, Retarding. 2. Type C, Accelerating. 3. Type D, Water -reducing and Retarding. 4. Type E, Water -reducing and Accelerating. J. Calcium chloride will not be permitted in concrete, unless otherwise k authorized in writing by the Engineer. K. High -Range Water -Reducing Admixture (Super Plasticizer): ASTM C 494, Type F or G containing not more than 0.1% chloride ions. 2.04 RELATED MATERIALS A. Preformed Expansion Joint Fillers: Premolded cane fiber saturated with asphalt. Unless indicated otherwise, 1/2" thickness by depth of i slab. B. Joint Sealing Compound: See Division 7 sections. C. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing approximately 9 oz. per sq. yd., complying with AASHTO M 182, Class 2. D. Moisture -Retaining Cover: One of the following, complying with ASTM C 171. 1. Waterproof paper. 2. Polyethylene film. 3. Polyethylene -coated burlap. q E. Membrane -Forming Curing Compound: ASTM C 309, Type I, Class A unless other type acceptable to the Engineer. 2.05 PROPORTIONING AND DESIGN OF MIXES A. Prepare design mixes for each type and strength of concrete in accordance with applicable provisions of ASTM C 94. Use an independent testing facility acceptable to*the Engineer for preparing and reporting proposed mix designs. The testing facility shall not be the same as used for field quality control testing unless otherwise acceptable to the Engineer. B. Prepare design mixes by either laboratory trial batch or field experience methods, using materials to be employed.on the project for each class of concrete required, complying with ACI 211.1. C. Laboratory Trial Batches: When laboratory trial batches are used to select concrete proportions, prepare test specimens in accordance with ASTM C 192 and conduct strength tests in accordance with ASTM C 39, specified in ACI 301. Establish a curve showing relationship between water -cement ratio (or cement content) and compressive strength, with at least 3 points representing batches which produce strengths above r• and below that required. .Use not less than 3 specimens tested at 28 days, or an earlier age when acceptable to the Engineer, to establish each point on the curve. D. Field Experience Method: When field experience methods are used to �►-. select concrete proportions, establish proportions as specified in ACI 301. Strength data for establishing standard deviation will be considered suitable if the concrete production facility has certified records consisting of at least 30 consecutive tests in one group or r the statistical average for 2 groups totaling 30 or more tests, representing similar materials and project conditions. E. If standard deviation exceeds 500 psi or if no suitable records are available, select proportions to produce an average strength of at �.. least 1200 psi greater than the required compressive strength of concrete. F. After sufficient experience and test data become available from the job, using ACI 214 methods of evaluation, the standard deviation may �,.. be reduced when the probable frequency of an average of 3 consecutive tests below required compressive strength will not exceed 1 in 100. G. Submit written reports to the Engineer of each proposed mix for each class of concrete at least 15 days prior to start of work. Do not �,. begin concrete production until mixes have been reviewed by the k Engineer. r-' 97034 03.100-3 i' H. Design mixes to provide normal weight concrete with the following properties, as indicated on the Drawings and schedules: 1. 3000 psi 28 -day compressive strength; W/C ratio, 0.58 maximum (non -air -entrained), 0.46 maximum (air -entrained). I. Adjustment to Concrete Mixes: Mix design adjustments may be requested by the Contractor when characteristics of materials, job conditions, weather, tests results, or other circumstances warrant; at no additional cost to the Owner and as accepted by the Engineer. Laboratory test data for revised mix design and strength results must be submitted to and accepted by the Engineer before using in the work. 2.06 ADMIXTURES A. Use water -reducing admixture or high range water -reducing admixture (super plasticizer) in concrete as required for placement and workability. B. Use non -chloride accelerating admixture in concrete slabs placed at ambient temperatures below 50 degrees F. C. Use air -entrained admixture in exterior exposed concrete, unless otherwise indicated. Add air -entraining admixture at the manufacturer's prescribed rate to result in concrete at the point of placement having air content within the following limits: 1. 5.5% with 1 1/2" maximum aggregate 2. 6.0% with 1" maximum aggregate 3. 6.0% with 3/4" maximum aggregate 4. 7.0% with 1/2" maximum aggregate D. Use admixture for water -reducing and set -control in strict compliance with the manufacturer's directions. E. Use amounts of admixtures as recommended by the manufacturer for climatic conditions prevailing at the time of placing. Adjust quantities and types of admixtures as required to maintain quality control. 2.07 SLUMP LIMITS A. Proportion and design mixes to result in concrete slump at the point of placement as follows: 1. Ramps and Sloping Surfaces: Not more than 3". 2. Concrete containing HRWR admixture (super plasticizer): Not more than 8" after addition of HRWR to verified 2"-3" slump concrete. 3. All Other Concrete: Not more than 4". 2.08 CONCRETE MIXING A. Ready -Mix Concrete: 1. Comply with the requirements of ANSI/ASTM C.94, and as herein specified. -- 2. Delete the references for allowing additional water to be added to the batch for material with insufficient slump. Addition of water to the batch will not be permitted. 3. During hot weather, or under conditions contributing to rapid setting of concrete, a shorter mixing time than specified in ANSI/ASTM C 94 may be required. 4. When the air temperature is between 85 degrees F. and 90 degrees F., reduce the mixing and delivery time from 1 1/2 hours to 75 — minutes, and when the air temperature is above 90 degrees F., reduce the mixing and delivery time to 60 minutes. PART III - EXECUTION 3.01 FORMS A. Design, erect, support, brace and maintain formwork to support vertical and lateral loads that might be applied until such loads can be supported by the concrete structure. Construct formwork so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design formwork to be readily removable without impact, shock or damage to cast -in-place concrete surfaces and adjacent materials. 97034 03.100-4 f 3.02 PLACING REINFORCING C. Forms shall not leak cement paste. A. Comply with the specified codes and standards, and D. Fabricate forms for easy removal without hammering or prying against r.- the concrete surfaces. Provide crush plates or wrecking plates where "Placing stripping may damage cast concrete surfaces. Provide top forms for a- inclined surfaces where slope is too steep to place concrete with bottom forms only. Kerf wood inserts for forming keyways, reglets, �., recesses, and the like, to prevent swelling and for easy removal. B. Clean reinforcement of loose rust and mill scale, earth, E. Provide temporary openings where interior area of formwork is t inaccessible for cleanout, for inspection before concrete placement, and for placement of concrete. Securely brace temporary openings and C. Accurately position, support and secure reinforcement set tightly to form to prevent loss of concrete mortar. Locate temporary openings on forms at inconspicuous locations. placement F. Chamfer exposed corners and edges as shown, using wood, metal, PVC or operations. Locate and support reinforcing by metal chairs, rubber chamfer strips fabricated to produce uniform smooth lines and tight edge joints. G. Form Ties: 4 1. Factory -fabricated, adjustable -length, removable or snapoff metal concrete protection. Arrange, space and securely tie bars and bar form ties, designated to prevent form deflection, and to prevent supports to hold reinforcement in position during concrete spalling concrete surfaces upon removal. r 2. Unless otherwise shown, provide ties so portion remaining within concrete after removal is at least 1 1/2" inside concrete. Unless otherwise shown, provide form ties which will not leave holes larger than 1" diameter in concrete surface. H. Provisions for Other Trades: Provide openings in concrete formwork to accommodate work for other trades. Determine size and location of openings, recesses and chases from trades providing such items. Accurately place and securely support items built into forms. I. Cleaning and Tightening: Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt or other debris just before concrete is placed. Retighten forms after concrete placement if required to eliminate mortar leaks. J. Placing Corrugated Form: 1. Corrugated Form sheets shall be placed end to end, beginning at the corner of the building with the corrugated ribs perpendicular to the framing members. Sheets shall be placed one row at a time, maintaining proper alignment and coverage. Place sheets with edges up and with the ends lapped a minimum of 3". End laps shall be centered over the supporting members, and the sides shall be lapped one half corrugation. ►- 2. Sheets shall be attached to the supporting members by welding through the bottom of the corrugation as soon as they are placed and aligned. Welds shall be made through 16 gauge uncoated welding washers furnished with the corrugated form deck. .. 3. End laps shall be welded at each side lap and at the center of the sheet. Welds at the intermediate supports shall be made at the center of the sheet only, and at the side laps only, in an alternating pattern. .- 4. Admixtures containing chloride or chloride salts shall not be used in connection with the galvanized deck. 3.02 PLACING REINFORCING A. Comply with the specified codes and standards, and Concrete Reinforcing Steel Institute's recommended practice for "Placing Reinforcing Bars", for details and methods of reinforcement placement and supports, and as herein specified. �.. B. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials which reduce or destroy bond with concrete. C. Accurately position, support and secure reinforcement against displacement by formwork, construction, or concrete placement operations. Locate and support reinforcing by metal chairs, runners, bolsters, spacers and hangers, as required. s D. Place reinforcement to obtain at least the minimum coverages for concrete protection. Arrange, space and securely tie bars and bar supports to hold reinforcement in position during concrete placement r 97034 03.100-5 operations. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. E. Do not place reinforcing bars more than 2" beyond the last leg of continuous bar supports. Do not use supports as bases for runways for concrete conveying equipment and similar construction loads. F. Install welded wire fabric in as long lengths as practicable. Lap adjoining pieces at least one full mesh and lace splices with wire. Offset end laps in adjacent widths to prevent continuous laps in either direction. 3.03 JOINTS A. Construction Joints: 1. Locate and install construction joints, which are not shown on the Drawings, so 'as not to impair the strength and appearance of the structure, as acceptable to the Engineer. 2. Provide keyways at least 1 1/2" deep in all construction joints in walls, slabs and between walls and footings; acceptable bulkheads designed for this purpose may be used for slabs. 3. Place construction joints perpendicular to the main reinforcement. Continue all reinforcement across construction joints. B. Control Joints in Slabs -on -Ground: 1. Construct control joints in slabs -on -ground to form panels or patterns as shown or directed. Form edge of pours with wood forms having keyway. If saw cut control joints are used, they shall be made with a power saw fitted with an abrasive or diamond blade. Saw cuts must be one-fourth the slab thickness. Sawing shall begin as soon as the concrete surface is firm enough so that it will not be torn or damaged by the blade. This will be within 4 to 12 hours after the concrete hardens. 2. Isolation Joints in Slabs -on -Ground: Construct isolation joints in slabs on ground at all points of contact between slabs on ground and vertical surfaces, such as column pedestals, foundation walls, grade beams and elsewhere as indicated. 3.04 INSTALLATION OF EMBEDDED ITEMS A. General: Set and build into the work anchorage devices and other embedded items required for other work that is attached to, or supported by, cast-in-placeconcrete. Use setting drawings, diagrams, instructions and directions provided by suppliers of the items to be attached thereto. B. Edge Forms and Screed Strips for Slabs: Set edge forms or bulkheads and intermediate screed strips for slabs to obtain the required elevations and contours in the finished slab surface. Provide and secure units sufficiently strong to support the types of screed required. Align the concrete surface to the elevation of the screed strips by the use of strike -off templates or -accepted compacting type screeds. 3.05 PREPARATION OF FORM SURFACES A. Coat the contact surfaces of forms with a form -coating compound before reinforcement is placed. Provide commercial formulation form -coating compounds that will not bond with, stain nor adversely affect concrete surfaces, and will not impair subsequent treatment of concrete surfaces requiring bond or adhesion, nor impede wetting of surfaces to be cured with water or curing compounds. B. Thin form -coating compounds only with thinning agent of type, and in amount, and under conditions of the form -coating compound manufacturer's directions. Do not allow excess form -coating material to accumulate in the forms or to come into contact with concrete surfaces against which fresh concrete will be placed. Apply in compliance with manufacturer's instructions. 3.06 CONCRETE PLACEMENT A. General: Comply with ACI 304, and as herein specified. 97034 03.100-6 ; 97034 03.100-7 w 1. Add fibrous concrete reinforcement to concrete materials at the time concrete is batched in amounts in accordance with approved P_ submittals for this type of concrete. Mix batched concrete in strict accordance with the fibrous concrete reinforcement y manufacturer's instructions and recommendations for uniform and complete dispersion. 2. Deposit concrete continuously or in layers of such thickness that no concrete will be placed on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. If a section cannot be placed continuously, provide construction joints as herein specified. 3. Deposit concrete as nearly as practicable to its final location due to rehandling or flowing. to avoid segregation 4. Pre -Placement Inspection: Before placing concrete, inspect and complete the formwork installation, reinforcing steel, and items to be embedded or cast -in. Notify other crafts to permit the installation of their work; cooperate with other trades in setting such work, as required. Thoroughly wet wood forms immediately before placing concrete, as required where form coatings are not used. C 5. Placing Concrete in Forms: Deposit concrete in forms in horizontal layers not deeper than 18" and in a manner to avoid inclined construction joints. 6. Consolidate placed concrete by mechanical vibrating equipment supplemented by hand -spading, rodding or tamping. Use vibrators designed to operate with vibratory element submerged in concrete, maintaining a speed of not less than 6000 impulses per minute. 7. Do not use vibrators to transport concrete inside of forms. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than the visible effectiveness of the machine. Do not insert vibrators into lower layers of concrete that have begun to set. At each insertion, limit the duration of I vibration to the time necessary to consolidate the concrete and complete embedment of reinforcement and other embedded items without causing segregation of the mix. B. Placing Concrete Slabs: 1. Deposit and consolidate concrete slabs in a continuous operation, within the limits of construction joints, until the placing of a panel or section is completed. Consolidate concrete during ^^ placing operations so that concrete is thoroughly worked around reinforcement and other embedded items and into corners. 2. Bring slab surfaces to the correct level with a straightedge and strike off. Use bull floats or darbies to smooth the surface, �^ leaving it free of humps or hollows. Do not sprinkle water on the a' plastic surface. Do not disturb the slab surfaces prior to beginning finishing operations. 3. Maintain reinforcing in the proper position during concrete placement operations. C. Cold Weather Placing: l 1. Protect concrete work from physical damage or reduced strength which could be caused by frost, freeiing actions, or low temperatures, in compliance with ACI 306 and as herein specified. 2. When air temperature has fallen to or is expected to fall below 40 degrees F., uniformly heat all water and aggregate before mixing as required to obtain a concrete mixture temperature of not �-. less than 50 degrees F., and not more than 80 degrees F., at point of placement. 3. Do not use frozen materials or materials containing ice or snow. Do not place concrete 'on frozen subgrade or on subgrade containing frozen materials. 4. Do not use calcium chloride, salt and other materials containing antifreeze agents or chemical accelerators, unless otherwise accepted in mix designs. ; 97034 03.100-7 w D. Hot Weather Placing: 1. When hot weather conditions exist that could seriously impair the quality and strength of concrete, place concrete in compliance with ACI 305 and as herein specified. 2. Cool ingredients before mixing to maintain concrete temperature at time of placement below 90 degrees F. Mixing water may be chilled, or chopped ice may be used to control the concrete temperature provided the water equivalent of the ice is calculated to the total amount of mixing. 3. Cover reinforcing steel with water -soaked burlap if it becomes too hot, so that the steel temperature will not exceed the ambient air temperature immediately before embedment in concrete. Wet form thoroughly before placing concrete. 4. Do not use retarding admixtures unless otherwise accepted in mix designs. 3.07 FINISH OF FORMED SURFACES A. Standard Rough Form Finish: For formed concrete surfaces not exposed -to -view in the finish work or by other construction, unless otherwise shown or specified. This is the concrete surface having the texture imparted by the form facing material used, with defective areas- repaired and patched as specified, and fins and other projections exceeding 1/4" in height rubbed down with wood blocks. B. Standard Smooth Finish: For formed concrete surfaces exposed -to -view, or that are to be covered with a coating material applied directly to the concrete or a covering material bonded to the concrete, such as waterproofing, dampproofing, or other similar system. This is the as -cast concrete surface as obtained with the form facing material, with defective areas repaired and patched as specified, and fins and other projections on the surface completely removed and smoothed. C. Related Unformed Surfaces: At tops of walls, horizontal offsets and similar unformed surfaces occurring adjacent to formed surfaces, strike -off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise shown. 3.08 MONOLITHIC SLAB FINISHES A. Float Finish: 1. Apply float finish to monolithic slab surfaces that are to receive trowel finish and other finishes as hereinafter specified. or slab surfaces which are to be covered with membrane or elastic roofing, and as shown on the Drawings or in schedules. 2. After screeding and consolidating concrete slabs, do not work surface until ready for floating. Begin floating when surface water has disappeared or when concrete has stiffened sufficiently to permit operation of power -driven floats or both. Consolidate surface with power -driven floats, or by hand floating if area is small or inaccessible to power units. Check and level surface plane to a tolerance not exceeding 1/4" in 10 feet when tested with a 10 foot straightedge. Cut down high spots and fill low spots. Uniformly slope surfaces to drains. Immediately after leveling, refloat surface to a uniform, smooth, granular texture. B. Trowel Finish: 1. Apply trowel finish to monolithic slab surfaces that are to be exposed -to -view. 2. After floating, begin first trowel finish operation using a power -driven trowel. Begin final troweling when surface produces a ringing sound as trowel is moved over the surface. Consolidate concrete surface by final hand troweling operation, free of trowel marks, uniform in texture and appearance, and with a surface plane tolerance not exceeding 1/8" in 10 feet when tested with a 10 foot straightedge. Grind smooth surface defects which would telegraph through applied floor covering system. 97034 03.100-8 PON C. Non -Slip Broom Finish: 1. Apply non -slip broom finish to exterior concrete flatwork, and ,.� elsewhere as shown on the Drawings or in schedules. 2. Immediately after trowel finishing, slightly roughen concrete 4' surface by brooming perpendicular to main traffic route. Coordinate required final finish with the Engineer before �... application. 3.09 CONCRETE CURING AND PROTECTION A. General: P-4 1. Protect freshly placed concretefrom premature drying and excessive cold or hot temperature, and maintain without drying at a relatively constant temperature for a period of time necessary for hydration of cement and proper hardening. .., 2. Start initial curing application as soon as free water has disappeared from concrete surface after placing and finishing. Weather permitting, keep continuously moist for not less than 72 hours. 3. Begin final curing procedures immediately following initial curing and before concrete has dried. Continue final curing for at least 168 cumulative hours (not necessarily consecutive) during which concrete has been exposed to air temperatures above 50 degrees F. Avoid rapid drying at end of final curing period. B. Methods: Perform curing of concrete by moist curing or by moisture retaining cover curing or by membrane -forming curing compound and by combinations thereof, as herein specified. C. Provide moisture curing by following methods: 1. Keep concrete surface continuously wet by covering with water. Continuous water -fog spray. 2. Covering concrete surface with specified absorptive cover, thoroughly saturating cover with water and keeping continuously wet. Place absorptive cover to provide coverage of concrete surfaces and edges, with 4" lap over adjacent absorptive covers. D. Provide moisture -cover curing as follows: 1. Cover concrete surfaces with moisture -retaining cover for curing concrete, placed in widest practicable width with sides and ends lapped at least 3 and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape. E. Provide curing compound for slabs as follows: 1. Apply specified curing and sealing compound to concrete slabs as soon as final finishing operations are complete (within 2 hours). 2. Apply uniformly in continuous operation by power -spray or roller in accordance with manufacturer's directions. Recoat areas subjected to heavy rainfall within 3 hours after initial application. Maintain continuity of coating and repairing damage during curing period. r 3. Do not apply membrane curing compounds on surfaces which are to be covered with coating material applied directly to concrete, liquid floor hardener, waterproofing, dampproofing, membrane roofing, flooring, painting, and other coatings and finish C^ materials, unless otherwise acceptable to Engineer. 4. Curing Formed Surfaces: Cure formed concrete surfaces, including undersides of beams, supported slabs and other similar surfaces by moist curing with forms in place for full curing period or r" until forms are removed. If forms are removed, continue curing by methods specified above, as applicable. M 5. Curing Unformed Surfaces: Initially cure unformed surfaces, such as slabs, floor topping, and other flat surfaces by moist curing. ,.« 6. Final cure unformed surfaces, unless otherwise specified, by methods specified above, as applicable. ( 7. Final cure concrete surfaces to receive liquid floor hardener or finish flooring by use of moisture -retaining cover, unless .., otherwise directed. } r 97034 03.100-9 3.10 REMOVAL OF FORMS A. Formwork not supporting weight of concrete, such as sides of beams, walls, columns, and similar parts of the work, may be removed after cumulatively curing at not less than 50 degrees F. for 24 hours after placing concrete, provided concrete is sufficiently hard to not be damaged by form removal operations, and provided curing and protection operations are maintained. B. Formwork supporting weight of concrete, such as beam soffits, joists, slabs and other structural elements, may not be removed in less than 14 days and until concrete has attained design minimum compressive strength at 28 -days. Determine potential compressive strength of inplace concrete by testing field -cured specimens representative of concrete location or members. C. Form facing material may be removed 4 days after placement, only if shores and other vertical supports have been arranged to permit removal of form facing material without loosening or disturbing shores and supports. 3.11 RE -USE OF FORMS A. Clean and repair surfaces of forms to be re -used in the work. Split, frayed, delaminated or otherwise damaged form facing material will not be acceptable. Apply new form coating compound material to concrete contact form surfaces as specified for new formwork. B. When forms are intended for successive concrete placement, thoroughly clean surfaces, remove fins and laitance, and tighten forms to close joints. Align and secure joints to avoid offsets. Do not use "patched" forms for exposed concrete surfaces, except as acceptable to Engineer. .3.12 MISCELLANEOUS CONCRETE ITEMS A. Filling -In: Fill-in holes and openings left in concrete structures for passage of work by other trades, unless otherwise shown or directed, after work of other trades is in place. Mix, place and cure concrete as herein specified, to blend with in-place construction. Provide other miscellaneous concrete filling shown or required to complete work. B. Equipment Bases and Foundations: Provide machine and equipment bases and foundations, as shown on the Drawings. Set anchor bolts for machines and equipment to template at correct elevations, complying with certified diagrams or templates of the manufacturer furnishing machines and equipment. 3.13 CONCRETE SURFACE REPAIRS A. Patching Defective Areas: 1. Repair and patch defective areas with cement mortar immediately after removal of forms, but only when acceptable to Engineer. 2. Cut out honeycomb, rock pockets, voids over 1/4" in any dimension, and holes left by tie rods and bolts, down to solid concrete but, in no case to a depth of less than 1". Make edges of cuts perpendicular to the concrete surface. Before placing cement mortar or proprietary patching compound, thoroughly clean, dampen with water and brush -coat the area to be patched with neat cement grout, -or proprietary bonding agent. 3. For exposed -to -view surfaces, .blend white portland cement and standard portland cement so that, when dry, patching mortar will match color surrounding. Provide 'test areas at inconspicuous location to verify mixture and color match before proceeding with patching. Compact mortar in place and strike -off slightly higher than surrounding surface. B. Repair of Formed Surfaces: 1. Remove and replace concrete having defective surfaces if defects cannot be repaired to satisfaction, of the Engineer. Surface defects, as such, include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, fins and other projections on surface; and stains and other discolorations 97034 03.100-10 that cannot be removed by cleaning. Flush out form tie holes, fill with dry pack mortar, or precast cement cone plugs secured in place with bonding agent. 2. Repair concealed formed surfaces, where possible, that contain defects that adversely affect the durability of the concrete. If defects cannot be repaired, remove and replace the concrete. C. Repair of Unformed Surfaces: 1. Test unformed surfaces, such as monolithic slabs, for smoothness and- to verify surface plane to tolerances specified for each surface and finish. Correct low and high areas as herein specified. Test unformed surfaces sloped to drain for trueness of slope, in addition to smoothness, using a template having required slope. 2. Repair finished unformed surfaces that contain defects which adversely affect durability of concrete. Surface defects, as such, include crazing, cracks in excess of 0.01" wide or which penetrate to reinforcement or completely through non -reinforced sections regardless of width, spalling, pop -outs, honeycomb, rock pockets, and other objectionable conditions. 3. Correct high areas in unformed surfaces by grinding, after concrete has cured at least 14 days. 4. Correct low areas in unformed surfaces during, or immediately after completion of surface finishing operations by cutting out low areas and replacing with fresh concrete. Finish repaired areas to blend into adjacent concrete. Proprietary patching compounds may be used when acceptable to the Engineer. 5. Repair defective areas, except random cracks and single holes not exceeding 1" diameter, by cutting out and replacing with fresh concrete. Remove defective areas to sound concrete with clean, square cuts and expose reinforcing steel with at least 3/4" clearance all around. Dampen concrete surfaces in contact with patching concrete, and brush with a neat cement grout coating or concrete bonding agent. Mix patching concrete of same materials to provide concrete of the same type or class as original concrete. Place, compact and finish to blend with adjacent finished concrete. Cure in the same manner as adjacent concrete. 6. Repair isolated random cracks and single holes not over 1" in diameter by dry -pack method. Groove top of cracks and cut-out holes to sound concrete and clean of dust, dirt and loose particles. Dampen cleaned concrete surfaces and brush with neat cement grout coating or concrete bonding agent. Mix dry -pack, consisting of one part portland cement to 2 1/2 parts fine aggregate passing a No. 16 mesh sieve, using only enough water as required for handling and placing. Compact dry -pack mixture in place and finish to match adjacent concrete. Keep patched area continuously moist for not less than 72 hours. 7. Use epoxy -based mortar for structural repairs, where directed by the Engineer. 8. Repair methods not specified above may be used, subject to acceptance of the Engineer. 3.14 QUALITY CONTROL TESTING DURING CONSTRUCTION A. The Contractor shall employ a testing laboratory to perform all tests and to submit test reports. B. Sampling and testing for quality control during the placement of concrete may include the following, as directed by the Engineer. C. Sampling Fresh Concrete: ASTM C 172, except modified for slump to comply with ASTM C 94. D. Slump: One test for each set of compressive strength test specimens taken at point of discharge. E. Air Content: ASTM C 173, volumetric method for lightweight concrete; ASTM C 231 pressure for normal weight concrete; one for each set of compressive strength test specimens. f 97034 03.100-11 F. Concrete Temperature: Test hourly when air temperature is 40 degrees F. and below, and when 80 degrees F. and above; and each time a set of compression test specimens made. G. Compression Test Specimen: ASTM C 31; one set of 4 standard cylinders for each compressive strength test, unless otherwise directed. Mold and store cylinders for laboratory cured test specimens except when field -cure test specimens are required. H. Compressive Strength Tests: 1. ASTM C 39; one set for each 100 cu. yds. or fraction thereof, of each concrete class placed in any one day or for each 5000 sq. ft. of surface area placed; 1 specimen tested at 7 days for information only,,2 specimens tested at 28 days, and 1 specimen retained in reserve for later testing if required. The acceptance test results shall be the average of the strengths of the two specimens tested at 28 days. 2. When the frequency of testing will provide less than 5 strength tests for a given class of concrete, conduct testing from at least 5 randomly selected batches or from each batch if fewer than 5 are used. 3. When the total quantity of a given class of concrete is less than 50 cu. yds., the strength test may be waived by the Engineer if, in his judgment, adequate evidence of satisfactory strength is provided. 4. When the strength of field -cured cylinders is less than 85% of companion laboratory -cured cylinders, evaluate current operations and provide corrective procedures for protecting and curing the in-place concrete. 5. Test results will be reported in writing to the Engineer and the Contractor on the same day that tests are made. Reports of compressive strength tests shall contain the project identification name and number, date of concrete placement, name of concrete testing service, concrete type and class, location of concrete batch in the structure, design compressive strength at 28 days, concrete mix proportions and materials; compressive breaking strength and type of break for both 7 -day tests and 28 -day tests. I. Additional Tests: The testing service will make additional tests of in-place concrete when test results indicate the specified concrete strengths and other characteristics have not been attained in the structure, as directed by the Engineer.' The testing service may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42, or by other methods as directed. Contractor shall pay for such tests conducted, and any other additional testing as may be required, when unacceptable concrete is verified. END OF SECTION 97034 03.100-12 r t: SECTION 15.010 - GENERAL PROVISIONS FOR MECHANICAL AND ELECTRICAL PART I - GENERAL 1.01 CHECKING DOCUMENTS: The drawings and the specifications are numbered consecutively. The Contractor shall check the drawings and specifications thoroughly and shall notify the Engineer of any discrepancies or omissions of sheets or pages. Upon notification, the Engineer will promptly provide the Contractor with any missing portions of the drawings or specifications. No discrepancies or omissions of sheets or pages of the contract documents will relieve the Contractor of his duty to provide all work required by the complete contract documents. 1.02 DIMENSIONS: Before ordering any material or doing any work, the Contractor shall verify all dimensions, including elevations, and shall be responsible for the correctness of the same. No extra charge or compensation will beallowed on account of differences between actual dimensions and measurements indicated on the drawings. Any difference which may be found shall be submitted to the Engineer for consideration before proceeding with the work. 1.03 INSPECTION OF SITE: The accompanying plans do not indicate completely the existing mechanical and electrical installations. The bidders for the work under these sections of the specifications shall inspect the existing installations and thoroughly acquaint themselves with conditions to be met and the work to be accomplished in removing and modifying the existing work, and in installing the new work in the present building and underground serving to and from that structure. Failure to comply with 'this shall not constitute grounds for any additional payments in connection with -removing or modifying any part of the existing installations and/or installing any new work. r� 1.04 MANUFACTURER'S DIRECTIONS: All manufactured articles shall be applied, installed and handled as recommended by the manufacturer. 1.05 PERMITS, FEES, ETC: The Contractor under each section of these specifications shall arrange for a permit from the local authority. The Contractor shall arrange for all utility services, including sewer, water, gas and electric services as applicable. If any charges are made by any of the utility companies due to the work on this project, the Contractor shall pay these charges, including charges for metering, connection, street cutting, etc. The Contractor shall pay for any inspection fees or other fees and charges required by ordinance, law, codes and these �^* specifications. 1.06 TESTING: The Contractor under each division shall at his own expense perform the various tests as specified and required by the Engineer and as required by the State and local authorities. The Contractor shall furnish all fuel and materials necessary for making tests. 1.07 LAWS, CODES AND ORDINANCES: All work shall be executed in strict accordance with all local, state and national codes, ordinances and regulations governing the particular class of work involved, as interpreted by the inspecting authority. The Contractor shall be responsible for the final execution of the work under this heading to suit those requirements. Where these specifications and the accompanying drawings conflict with these requirements, the Contractor shall report the matter to the Engineer, shall prepare any supplemental drawings required illustrating how the work may be installed so as to comply and, on approval, make the changes at no cost to the Owner. On completion of the various portions of the work the installation shall be tested by the constituted authorities, approved and, on completion of the work, the Contractor shall obtain and deliver to the Owner a final certificate of acceptance. 97034 15.010-1 t 1.08 TERMINOLOGY A. Whenever the words "furnish", "provide", "furnish and install,11 "provide and install", and/or similar phrases occur, it is the intent that the materials and equipment described be furnished, installed and connected under this Division of the Specifications, complete for operation unless specifically noted to the contrary. B. Where a material is described in detail, listed by catalogue number or otherwise called for, it shall be the Contractor's responsibility to furnish and install the material. C. The use of the word "shall" conveys a mandatory condition to the contract. D. "This section" always refers to the section in which the statement occurs. E. "The project" includes all work in progress during the construction period. F. In describing the various items of equipment, in general, each item will be described singularly, even though there may be a multiplicity of identical or similar items. 1.09 COOPERATION AND CLEANING UP A. The contractor for the work under each section of these specifications shall coordinate his work with the work described in all other sections of the specifications to the end that, as a whole, the job shall be a finished one of its kind, and shall carry on his work in such a manner that none of the work under any section of these specifications shall be handicapped, hindered or delayed at any time. B. At all times during the progress of the work, the Contractor shall keep the premises clean and free of unnecessary materials and debris. The Contractor shall, on direction at any time from the Engineer, clear any designated areas or area of materials and debris. On completion of any portion of the work, the Contractor shall remove from the premises all tools and machinery and all debris occasioned by the work, leaving the premises free of all obstructions and hindrances. 1.10 COORDINATION OF TRADES A. The Contractor shall be responsible for resolving all coordination required between trades. B. Items furnished under various sections which require plumbing connections shall be coordinated for services, pressure, size and location of connections, clearances for service, auxiliary devices required, etc. C. Items requiring insulation shall be fully insulated and that insulation shall be checked against manufacturer's directions and job requirements for suitability, coverage, thickness and finish. D. All items specified under Divisions 15 and 16 shall be installed tight, plumb, level, square and symmetrically placed in relation to the work of other trades. 1.11 CUTTING AND PATCHING: All cutting and patching for work under Divisions 15 and 16 shall be done by the Contractor under the section for which the trade is specified. _ END OF SECTION 97034 15.010-2 t F ti SECTION 15.110 - SITE UTILITIES PART I - GENERAL 1.01 NOTE: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS: Contractor shall provide manufacturer's data on all materials. 1.03 SCOPE: Perform all layout, trenching, excavation, backfill, shoring and similar work and provide and install all materials and appurtenances necessary for the installation and final connection of all utilities. 1.04 EXISTING UTILITIES A. Prior to beginning work, manually locate and stake all utility lines existing at the site. B. The Contractor shall not rely solely on the scale drawings in determining the scope of the work. y C. The drawings are not certified surveys and are not guaranteed for accuracy of location or elevation of existing lines or completeness. Before bidding, each bidder shall by personal examination of the project satisfy himself as to the existing conditions which prevail. D. Reasonable differences in actual jobsite dimensions and the drawings shall not be considered justification for a change in the contract sum. Interruptions: Conduct operations to minimize service outages. When interruptions is unavoidable, schedule the interruption in consultation with the Engineer and Owner to occur at a time of least demand for the utility. Notify the Owner of requested interruption time at least 24 hours in advance of outage. E. Disconnections: Provide where indicated on the drawings. Where not so indicated provide disconnections at appropriate locations as selected by the Contractor to facilitate his work. Cap terminal ends F. of active utility branches. Utilities to Remain: Protect from damage due to construction ^ operations. Repair or replace portions so damaged as directed by the Owner. PART II - PRODUCTS 2.01 EXCAVATION FOR OUTSIDE UTILITIES A. The Contractor shall perform any excavations of every description and of whatever substances encountered, to the depths indicated on the ., drawings and/or required for the installation of his work. B. Trench Width: The minimum width of the trench shall be the outside diameter of the pipe plus 12" and the maximum width shall be the outside diameter of the pipe plus 18". The trenching equipment shall .- be maintained on a sufficiently level road bed to provide substantially vertical trench walls from bottom of trench to the top C. of the trench. Pipe Clearance in Rocks: Ledge rock, boulders, and large stones shall �.. be removed to provide a clearance of at -least 6" below and on each side of all pipe, valves and fittings for pipes 24" in diameter or less and 9" for pipes larger than 24" in diameter. The specified minimum clearances are the minimum clear distances that will be being laid �•. permitted between any part of the pipe and appurtenances and any part, projection, or point of such rock, boulder, or stone. D. Trench Excavation: The trench shall be excavated to the depth required so as to provide a uniform and continuous bearing and support for the pipe on solid and undisturbed ground at every point between �.., } bell holes, except that it will be permissible to disturb and t otherwise damage the finished surface over a maximum length of 18" near the middle of each length of pipe by withdrawal of pipe slings or other lifting tackle. There shall be no classification of or extra 97034 15.110-1 payment for excavated materials, and all materials encountered shall be excavated as required. E. Bracing and Sheeting: Open -cut trenches shall be sheeted and braced as required by OSHA and as may be necessary for the safety of the workmen or protection of property. F. Piling of Excavated Materials: All excavated material shall be piled in a manner that will not endanger the work and that will avoid obstructing sidewalks and driveways. Hydrants under pressure, valve pit covers, valve boxes, curb stop boxes, fire and police call boxes, or other utility controls shall be left unobstructed and accessible until the work is completed. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural water courses shall not be obstructed. Segregate topsoil for replacement. Unused material shall be removed from the site. G. Trenching Methods: Trench digging machinery may be used to make trench excavations except where operation of same would cause damage to existing structures, or plants either above or below ground; in such instances hand methods shall be employed. H. Barricades and Safety Provisions: To protect persons from injury and to avoid property damage, adequate barricades, construction signs, warning lights and guards as required shall be placed and maintained during progress of the construction work. All material, piles, equipment, pipe, and open trenches that may serve as hazards to. vehicular or pedestrian traffic shall be protected by barricades or fences and warning lights. I. Protection of Property and Structures: Temporary support, adequate protection, and maintenance of all underground and surface structures, drains, sewers, and other obstructions encountered in the progress of the work shall be furnished by the Contractor at his expense and under the direction of the Owner. Any structures that have been disturbed shall be restored upon completion of the work. 2.02 BACKFILLING: The trenches shall not be backfilled until all required tests are performed and until the utilities systems as installed conform to the requirements specified hereinafter. The trenches shall be carefully backfilled with flowable fill controlled load strength material. Fill to match paving level. 2.03 OPENING AND RECLOSING PAVEMENT A. Where excavation requires the opening of existing walks, streets, drives or other existing pavement, that pavement shall be cut as required to install new lines and to make new connections to existing lines. The sizes of the cut shall be held to a minimum, consistent with the work to be completed. B. When the excavation has been backfilled,the paving shall be patched, using materials to match those cut out.. The patches shall thoroughly bond with the original surfaces and shall be level with them. Quality of the patch shall be equal to or better than adjacent paving. 2.04 CONCRETE WORK: All concrete work pertaining to the various concrete structures hereinafter specified to be furnished and installed by the Contractor shall be done in strict accordance with the applicable provisions for 2000 psi (4 sack) plain and reinforced concrete work. 2.05 PROTECTION OF WORK, PROPERTY AND SERVICES OF OWNER A. The Contractor shall maintain adequate protection of the project from damage and protect the Owner's property from injury or loss arising from activities conducted in connection with the Project. The Contractor shall under all circumstances make good any such damage, injury or loss. B. Under no circumstances shall the Contractor use, interrupt, dismember, diminish or discontinue any service of the Owner unless written permission to do so has been secured in advance from the Engineer and Owner. 97034 15,110-2 N,, C. In the conduct of the work of this Project, the Contractor shall o exercise care to protect the Owner's drives, walks, trees and shrubs. r Any damage done to walks and drives shall be repaired by the Contractor in a manner which meets the approval of the Owner's duly appointed representative. Particular care shall be exercised in protecting trees. If in the judgement of the Engineer, circumstances warrant such an action, the Contractor shall construct protective enclosures for trees. If limbs must be cut from trees they shall be cut only by tree surgeons designated by the Owner. If shrubbery interferes with, the progress of the work, the Owner shall- be duly notified. If, in the judgement of the Owner, the shrubbery needs to be preserved, it will be removed by the Owner's staff. If the shrubbery is not to be preserved, it shall be removed by the Contractor. �,.D. Great care shall be exercised at all times in order that the Owner's j equipment or services may not be jeopardized by cutting, excavating, f fitting, digging or patching conducted by the Contractor. E. When the whole or a portion of the project is suspended, the Contractor shall protect with care such parts of the Project liable tc sustain injury. i PART III - EXECUTION 3.01 REMOVAL OF DEBRIS: The Contractor shall keep the streets and construction area free of rubbish and debris within the limits of the construction area shall be kept to'a height of no more than 12" to comply with the City Code and with environmental safety regulations. 3.02 PARKING: The Contractor shall maintain parking facilities for . construction personnel within the limits of the construction area. 3.03 DISPOSAL OF WASTE MATERIALS A. The Contractor shall remove all combustible and non-combustible waste materials completely from the Owner's property and legally dispose of same. B. Burning of any materials will not be permitted within the boundaries of the Owner's property. 3.04 CONSTRUCTION BARRICADE: The Contractor at his own expense shall erect and maintain a construction barricade at all excavations designated on the plans outlining the piping replacement and vault. This shall be wood or woven wire erected to a minimum height of 410" to physically limit and retard pedestrian access. The Construction barricade shall not be dismantled until such time as the work has been accepted and the Contractor vacates the premises. The barricade shall be lighted from dusk until dawn. END OF SECTION �^ 97034 15.110-3 i - SECTION 15.210 - PIPING AND ACCESSORIES r PART I - GENERAL 1.01 NOTE: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS: Submit manufacturer's data on all materials. I 1.03 SCOPE: This section of the specifications pertains to all labor, materials, equipment and service necessary for and incidental to the piping and accessories as shown on the drawings and/or specified herein. 1.04 INSPECTION: All pipe, valves, fittings, and other accessories shall be inspected upon delivery and during the course of the work. Any defective materials found during field inspection or during hydrostatic and leakage tests shall be removed from the site of the work and replaced by the Contractor. l 1.05 PROTECTION DURING STORAGE: The interior of all pipe, fittings, and other L accessories shall be kept free from dirt and foreign matter at all times. Valves and fittings shall be drained and stored in a manner that will 7 protect them from damage by freezing. PART II - PRODUCTS 2.01 PREINSULATED HOT/CHILLED WATER PIPING FOR DIRECT BURIAL A. All direct burial hot/chilled water lines shall be preinsulated prefabricated piping, "Heat-Tite", as manufactured by Thermal Pipe Systems, Inc. Approved equal piping by Insul Pipe or Thermacore will be considered. Each section is factory fabricated of straight r standard 20 foot lengths of schedule as steel pipe with special couplings. Shop drawings illustrating the construction and assembly details are attached herein for the Contractor's information. Submit drawings for all field joints. A representative of the manufacturer shall be present during critical periods of installation and testing to verify that the installation is being made in accordance with the manufacturer's recommendations. One pipe end consists of a male EPDM seal and the other end consists of a female PVC casing. A grooved coupling in the male end has "0" ring seals for joining the pipe joints. The outer jacket is PVC tubing with polyurethane foam insulation. Field connections to the preinsulated pipe sections shall be made using standard steel 110" ring couplings assembled with ell adhesive to meet system requirements. Enclose the joints in a jacket made of PVC tubing sections to match the preinsulated sections. Foam polyurethane insulation into the void between the fittings and the jacket. Use special fitting where connections are made to ferrous piping and RTRP piping. B. Butterfly Valves: Ductile iron body, flanged or with drilled and tapped lugs, bronze discs, stainless steel shafts with, bronze bushings, resilient EPDM seats and O -rings, "Bubble Tight" shut-off at r• 150 psi pressure. On valves 6" and larger, provide geared operators. Keystone, Center Line, or Crane valves are acceptable. Where valves r are installed in insulated lines, provide extended stems so that the handle will clear the insulation and jacket. PART III - EXECUTION 3.01 INSTALLATION OF PIPING SYSTEMS A. Install runs of piping essentially as indicated on the drawings and/or as required. The location, direction and size of the various lines are indicated on the drawings. B. Make up all systems straight and true and properly graded for correct flow of contained materials and to provide drainage. Cut pipes accurately to measurements established at the building and work into 4. 7 97034 15.210-1 place without forcing or springing. Except as required for specified grading, run all piping above ground parallel with the lines of the building. C. Install and support piping systems with flexible connectors as required for flexibility, to accommodate expansion and contraction of piping due to temperature changes in the contained fluids and in the surrounding space, and to minimize the transmission of vibration to the building structure. D. In general, use listed materials in fabricating the various piping systems. The method of assembly may be varied only to meet special conditions where it is impossible to comply with the specified method of joining piping. Where special classes of piping are involved and are not listed, request exact instructions as to the class of material involved and the method of fabricating it before ordering materials. 3.02 FABRICATION OF PIPE JOINTS A. Flanged Joints: Flanged joints shall be made using bolts and gaskets as specified. Faces of the flanges shall be cleaned of all dirt, rust or other foreign matter. The pipe, valve, or fitting shall be properly aligned and free to move while bolting, and the bolts shall be gradually tightened at a uniform rate around the entire flange. No strain shall be put on the flanges in making up the joint. B. Special Joints: Special joints made with clamps, compression couplings, etc. shall be as required to connect tubing to piping systems, tubing to items of equipment and other such connections. Use tools as required by the materials and conditions. END OF SECTION 97034 15.210-2