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Resolution - 4852 - Contract - All Texas Builder Inc - Concrete Drivway, Pump Station #12 - 05/25/1995
Resolutic May 25, ] Item 428 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBO 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 and all related documents by and between the City of Lubbock and All Texas Builders, Inc., of Lubbock, Texas, to furnish and install all services and materials as bid for the Concrete Driveway at Pump Station No. 12, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: ��' a C)� betty A ,Iohnso , City Secretary APPROVED AS TO CONTENT: Victor Kilmz6, Purchasing Manager APPROVED AS TO FORM: Ve6ald G. Vandiver, Fi Assistant City Attorney :dplccdocsldriveway.Res May 17, 1995 CITY OF LUBBOCK SPECIFICATIONS FOR CONCRETE DRIVEWAY AT PU IP STATION #12 BID #13263 CITY OF LUBBOCK Lubbock, Texas (c5 4s5z WOO City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 806-767-2167 Office of Purchasing MAILED TO VENDOR: April 27, 1995 CLOSE DATE: May 4, 1995, at 3 P.M. BID #13263 — CONCRETE DRIVEWAY AT PUMP STATION #12 ADDENDUM # 1 The following items take precedence over drawings and specifications for the above named project. Where any item called for in the bid documents is supplemented here, the original requirements, not affected by the addendum, shall remain in effect. 1. Please note the attached sheet pertaining to above referenced bid. .All requests for additional information or classification concerning this bid should be submitted in writing and directed to Laura Ritchie, Buyer, THANK YOU, hu UPL Laura Ritchie Buyer PLEASE RETURN ONE COPY WITH YOUR BID Addendum to Concrete Driveway at Pump Station No. 12 Bid No. 13263 1. Clear cover for the reinforcements shall be 3 inches. 2. Detail A needs to be in conformance with American Disability Act - Handicap Ramp. 3. For each cubic yard of concrete, 2 sacks of fibermesh will be added. 4. The existing concrete slab entrance to the pump house is 4' x 7.5'. 5. Sketch below is a typical cross-section for curb and gutter. fit 3"R Down Cw4 MCOWL ' d"} :1• �. is Ld 6. Below is a typical connection between Curb, gutter and 8 inch concrete slab with No. 6 bar at 12 inch o. c. and no closer than 12 inches to the joint. t SUkb -CA Lf_ 1" = 4C CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: CONCRETE DRIVEWAY AT PUMP STATION #12 ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13263 PROJECT NUMBER: 9751.9226 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID PROPOSAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITIONS NOTICE OF ACCEPTANCE 1 NOTICE TO BIDDERS I 1 INOTICE TO BIDDERS IBID #13263 Sealed bids addressed to Laura Ritchie, Senior Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 3.00 o'clock p.m, on the 4th _day of May, 1995, 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: "CONCRETE DRIVEWAY AT PUMP STATION #12" After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 11 th day of May, 1995 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 and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 1159a, 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. 1 I 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. 1 L 1 Lj Fj 1 There will be a pre-bid conference on 27th day of April, 1995, at 9:00 o'clock am., in the Purchasing Conference Room L-04, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting. CITY OF LUBBOCK 1''N'�O� -k- " L4'f LAURA RITCHIE BUYER L 1 u 11 1 ADVERTISEMENT FOR BIDS BID #13263 Sealed bids addressed to Laura Ritchie,Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 3:00 o'clock p.m. on the 4th day of May, 1995, 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: "CONCRETE DRIVEWAY AT PUMP STATION #12" Mier the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and publicly read aloud. The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159x, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a prebid conference on the 27th day of April, 1995, at 9:00 am. in the Purchasing Conference Room L-04, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room L-04 at least 48 hours in advance of the mecting. CITY OF LUBBOCK LAURA RITCHIE BUYER 1 P-1 1 GENERAL INSTRUCTIONS TO BIDDERS 11 GENERAL INSTRUCTIONS TO BIDDERS 1. 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 CONCRETE DRIVEWAY AT PUMP STATION #12. 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. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 70 (SEVENTY) 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. 5, PAYMENT i 11 All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 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. 8. 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). 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. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Teras 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. 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. 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. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the 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. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159x, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following., (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement,. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. [I [I 1 1 t BID PROPOSAL BID PROPOSAL LUMP SUM PROPOSAL CONTRACT PLACE: Gl C C� _ DATE: PROJECT NUM13ER: 13263 - CONCRETE DRIVEWAY AT PUMP STATION #12 Proposal of ,Ie�,� 7� (hereirtafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: L The Bidder, in compliance with your invitation forbids for the construction ofG2 having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being; familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. MATERIALS: ;ff Y1C%� Z -Z_10- Z&Ce �� �/f '/� G^�C �fl rt' _I� _ (� J77, SERVICES:!C�I`Tf�'C�ll� ��1,{lr��c CrY�i✓ 7 fEl !f ��"�"� (s_ -72, ) TOTAL BID:7711P7 2Z/a,.5,W P—, I - W r C^4�fL%f (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be speed in a written "Notice to Proceed" of the Owner and to fully complete the project within 70 (SEVENTY) consecutive calendar days thereafter as stipulated in the specifications and outer contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. M The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required„ to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S� ) or a Proposal Bond in the sum of 5"� 7e -I Dollars (S ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owncr and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. (Seal if Bidder is a Corporation) ATTEST: Secretary Contractor BY: ZZZ I'i�`j� y ,�'✓ BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS That we, ALL TEXAS BUILDERS, INC. (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of TEXAS as Surety, are held and firmly bound unto CITY OF LUBBOCK (hereinafter celled the Obligee) in the just and full sum of FIVE PERCENT OF THE GREATEST AMOUNT BID-------- Dollars ($--------5Z--------- lawful money of the United States of America, for the payment of which well and truly to be made, we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly be these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the CONCRETE DRIVEWAY AT PUMP STATION #12 BID NO. 13263 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void: otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 4TH day of r MAY , 19 95. ALL TEXAS BUILDERS ---)IN w By �. f WASHINGTON INTERNATIONAL INSURANCE C DiPA.*TY By I L, " BDB 600201 MARLA BILL, ATTORNEY-IN-FACT Gene ra L WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL KEN BY THESE PRESENTS: That the Washington International Insurance Cortpany,a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois, does hereby constitute and appoint ' • HOWARD COWAN, KEVIN DUNN AND KARLA HILL its true and lawful attorncy(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are c zsy Se &�Zuw�ed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrvnent(s) in pursuance of these presents, shall be as binding upon the said Washington ro International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acklwwtedged by its President at its principal office. This Power of Attorney shall be limited in amount to 52,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1988 and October 21, 1986 which read, in part, as follows: 1. The President my designate Attorneys - in - Fact, and authorize them to execute on behalf of the Company, and attach the seat of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys- in - Fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney - in - Fact or Special Attorney- in- Fact and revoke the authority given him-" 2. The sig mtures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the company. IN TESTIMONY WHERE Washington International Insurance Company has caused this instrument to be signed and its corporate seams' 1<1� its authorized offi r, this th day of November, 1992. ���"�••"'a"►a'y�Q� WA 011 IN RIIATIONAL INSURANCE COMPANY 117 ?CORPORATE ; x }� SEAL acted O . S EA E rn O Stev P:Arxe7, Vice President Y s / STATE OF Agij�IS.)ARIZONA Z COUNTY OF On this 18th day o v 1992, 'before me came the individual who executed the preceding instrument, to me personally known, and, being by me duty sworn, said that he is the therein described and authorized officer of the Washington Inter-nationat Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said coq-ny; IN TESTiMDNY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. "OFFICIAL SEAL" CHRlSTINE ZARETSKY 4 1.0 Notary Pubfic, State of Ilsnoif 4 C istine Zaretsky, Notary Public. My Commission Expires October 7,--1996 MY Comm scan Exp:Tes 10-7-46 r�^,rs- � x � � _.-.�.L•CRfIr1'CAT E STATE OF ILLINOIS ) COUIiTY OF COOK ) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of ' Directors, set forth in the Power of Attorney, are now in force. Signed and seated in the County of Cook. Dated t 4 Txof Y , 19 g Lewis K. Modller, Secretary � I PAYMENT BOND BOND CHECK BEST RATING LICES iCAT BY t � I I I STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, that(..( ` (hereinafter called the Principal(s), as (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in g the amount of ,rn,3 dev4_ moi" f„:{ioP— Dollars ($ 31 Oq I -06 lawful money of the United States for the payment whereof, a 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 Obligec, dated tW95 `' day of 194's , 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. 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, tO this obligation shall be void-, otherwise to remain in frill force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the 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 c day of islqs I Aj , urety U Principal *By: .'+- By: (Title) �� �N b V (Title) ATTY IN FACT By: (Title) C (Title) Th.unde'surety company represents that it is duly qualified to do business in Texas, and hereby designates HQ A K U CO 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. Surety By. - (Title) Approved as to form: ATTY IN FACT City of Lubbock By: City Attorney I' * 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. PERFORMANCE BOND BOND CHECK BEST RATING LICENSE 1 TEXAS DAT gy 1 1 1 1 1 1 u'7) d A?o C5 +00--� �� STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 G j 1 KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety�s), as Surety(s), are held and firmly bound unto the City of Lubbock (hei(einafterValled the Obligee), in the amount o v E Dollars (S 3 114-0q7 . " lawful money of the United States for the payment whereof, ` e said Principal artd 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 thePS%y of 19� 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. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the pians, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. p IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 19 (17 Surety A Principal * By: zog (Title) La R /TTY IN 'FACT By: (Title) By: (Title) By: (Title) Th ed surety company represents that it is duly qualified to do business in Texas, and hereby designates HQVVARU P gent resident in Lubbock County to whom any requisite notices may be delivered apd on whom service of process may be had in matters arising out of such suretyship. y� Gam' t Surety 1 *By. (Title) �� J r� iti V1►'\ Approved as to Form ATTY IN FACT City of Lubbock 1 By 1 1 1 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. fop General WASHINGTON 1kTERNAT1oNAl iNSURANCf CY?<PANY POWER OF ATTORNEY CNOU ALL KEN BY THESE PRESENTS: That the Washington International Insurance Co"ny,e corpora[ion organized ar-,d existing under the laws of the State of Arizona, and having its principal office in the village of Schaumburg, Illinois, does hereby constitute and appoint • HOWARD COUAN, CEV[N DUNN AND KARLA HILL its trt2e and lawful attorTey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and trdertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are c- y be a = -E 1, required, or permitted by Lau, statute, rule, regulation, contract or otherwise, and the execution of such irmstrvaen[fs) in pursuance of these presents, shall be as binding goon the said Washington International Insurance Company as fully and amply, to aLl intents and purposes, as if the same has bcen duly extcuted and acknowledged by its President at its principal office. This Poorer of Attorney shall be limited in amount to 52,004,400.00 for arty single obligation - This Power of Attorrmey is issued pursuant to authority granted by the resolutions of the Soard of Directors adopted March 22, 1978, July 3, 1960 and October 21, 1986 Mich read, in part, as follows: 1. The President my designate Attorneys- in- Fact, and authorize them to execute on behalf of the conipany, and attach the Seal of the Cocparry thereto, bonds, arca undertakings, recognizanccs, contracts of irdetrnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify to copies of any power -of-attorney issued in pursuant to this section and/or any of the By -Laws of the Conpany, and to remove, at any time, any such Attorney - in - Fact or Special Attorney -in -Fact and revoke [he authority given him-' 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, ,arod the c*cporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or Lrdertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or uncertaking bearing such facsimile signature or facsimile seat affixed in the ordir+ary course of business shall be valid and binding upon the company - IN TESTIMONY WHEREC!Washington International Insurance Company has caused this instrument to be signed and its corporate sea` its authorized offi r, this th day of koveaber, 1992. WA ON IN ATIOKAL IkSURANCE COMPANY 1• ! �r NRPORATE4 0 n O S EA L • rim Q St P: rson, Vice President • ��3}- STATE OF 14L�[5.R�0�; -C, � COL) •TY OF� pp •s•s••v o On this 18th day of8�vember1992, before we came the individual who executed the preceding instrument, to me ' perc"tty tric-6n, arid, being by ne duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Corcpany; that the seal affixed to said intstrunent is the Corporate Seal of said Canty; Ili TESTIMCWT WHEREOF, I have hereunto set my hand and affixed my official Seat, the day and year first above written. -- _.-- ---- °©FFICIA.L SEAL" 1 f1(d7#Z L1 ri,LC-(�� Irl CNR15TIIIE ZARETSKY 5 I Notary Pva(t, Stas of Illinois �`-y matins Zon Exti xotary er lis My Ccnmrr=mssmon Expires October 7,-,1996 MY Commis -an Erp:res 10.7-96 -,-•....- „s- � i Ekr-T M7A T E STATE OF ILLINOIS ) COUNTY OF COOK 7 1, the uridersigned, Secretary of WASHINGTON [kTERHATIONAL INSURANCE CCIMPAHT, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing end attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article Ili, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now, in force. ' Siencd and sealed in the County of Cook. Dated t 8TH day,of JUNIT / 1995 Lewis M. Hoelter, Secretary � I � I IMPORTANT NOTICE 1 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 7$714-9104 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. 1 11 G 1 1 CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE ISSUE DATE (MMlDD/YY) 06-20-95 PRODUCER THIS CERTIFICATE IS ISSUED AS A II TER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Joe Schoenig Agency DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 7402 Universit POLICIES BELOW. -1 Lubbock, TX 79423 COMPANIES AFFORDING COVERAGE 35 77 315 CPA LEOTTERNY A Truck Insurance Exchange COMPANY INSURED LETTER All Texas Builders, Inc. P.O. Box 3486 COMPANY ER�. OTNY Lubbock, TX 79452 COMPANY D LETTER COMPANY E LETTER a 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. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION DAA TE (MMIGDIYY) DTE (MMIDOIYY) LIMITS A GENERAL LIABILITY — 7581 93 83 01-01-95 lJ�6T—�� 1i'n GENERAL AGGREGATE S 1,000,V1l� 11 10 X COMMERCIAL GENERAL LIABILITY PROD UCTS-COM PIOP AGG, $ 1,000,000 CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $ 500,000 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 500,000 � FIRE DAMAGE(Any one fire) $ MED. EXPENSE (Any one person) $ 5,000 AUTOMOBILE LIABILITY 7581 93 82 01-01-95 01-01-96 COMBINED SINGLE _ — P00,000 ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS X (Per person) $ X HIRED AUTOS BODILY INJURY (Per accident) $ NON -OWNED AUTOS X GARAGE LIABILITY 1 PROPERTY DAMAGE $ r-._-----_ EXCESS LIABILITY 6900 57 27 I1 A 01-01-95 01-01-96 EACH OCCURRENCE $ X UMBRELLA FORM AGGREGATE $1,000,000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS— A X N2307 01 16 04-20-95 04-20-96 EACH ACCIDENT $ 500,000 AND DISEASE—POLICY LIMIT $ 500,000 EMPLOYERS' LIABILITY DISEASE—EACH EMPLOYEE $ 500,000 �--- OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS City of Lubbock listed as Additional Insured on General Liability & Automobile Liability CERTIFICATE HOLDER a ~ '- CANCELLATION LCity 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 Lubbock, TX 79457 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 THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE FACORD 25-S (7190) Achop--"4�ACORD CORPORATION 1990 CERTIFICATEOF INSURANCE ISSUE DATE (MMIDDIYY) -20-95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Jae Schoeni A CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE g Agency y DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 7402 University POLICIES BELOW. Lubbock, TX 79423 COMPANIES AFFORDING COVERAGE LETTER 35 77 315 COMPANY A Truck insurance Exchange I INSURED HIRED AUTOS COMPANY B LETTER City of Lubbock COMPANY C c/o All Texas Builders, Inc. LETTER P.O. Box 2000 COMPANY D I Lubbock, TX 79457 LETTER I COMPANY E LETTER 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. �CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMlDDIYY) DATE (MMlDDIYY) A GENERAL LIABILITY 6922 78 00 6-20-95 6-20-96 GENERAL AGGREGATE $ 1,000,000 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 1,000,000 I CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY S 500,000 ' X OWNER'S &CONTRACTOR'S PROT. EACH OCCURRENCE $ 500,000 FIRE DAMAGE (Any one fire) $ I, MED. EXPENSE (Any one person) $ 5 000 ■ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS I SCHEDULED AUTOS WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS CERTIFICATE HOLDER City of Lubbock P.O. Box 2000 Lubbock, TX 79457 w ACORD 257S (71s0) CANCELLATION COMBINED SINGLE $ LIMIT BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT S DISEASE—POLICY LIMIT $ DISEASE—EACH EMPLOYEE $ 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 THE COMPANY, ITS AGENTS OR REPRESENTATIVES_ AUTHORIZED REPRESENTATIVE 1,� �OACORD CORPORATION 1990 HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS CERTIFICATE HOLDER City of Lubbock P.O. Box 2000 Lubbock, TX 79457 w ACORD 257S (71s0) CANCELLATION COMBINED SINGLE $ LIMIT BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT S DISEASE—POLICY LIMIT $ DISEASE—EACH EMPLOYEE $ 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 THE COMPANY, ITS AGENTS OR REPRESENTATIVES_ AUTHORIZED REPRESENTATIVE 1,� �OACORD CORPORATION 1990 a "41I L r L VF - 06 06 A do v JI_II-I 07 '95 10: 24 Hf I'_ _ S l t ES I r - _ _ - _S__ ...... �1l:1i1i1 E:., 6�. 2/1995 . ROD uaEFi THIS CERTIFICATE IS ISSUED AS A MATTER OF irNpORMATION ONLY AND CONIFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Azmc U -Sikes YS1Stira.IlCe ServJLCe0 DOES NOT AMEND. EXTENC 08 ALTER THE COVERAGE AFFORDED BY THE 5411 213th Street POLICIES BELOW. L, abbOck, TX 79407 COMPANIES AFFORDING COVEP.AGE (806) 799-7727 wA�. ORLAR r�nAPAraY tvlMk SURETY COMPANY LErr.R COMPANY 8 :�•TrEp wsun D LET ....... ... .. . BEALE CONSTUCTION, INC • =tPANY RT 1 BOX 690-3F ......................... WOLFFORTH, TX 79382 C rPANY LrRT�A G06APANY E LETTER <'�t';•Y,yikcvnp; `x ... o- rY�...: $ St., t '.:'E 7t1€ It,iJRED NAME"r X'BC:VE FGATHE POLICY PERIOD TLJJS IS TO CERTIFY THAT THE POLICIES 0- INSURRNCE LISTED BELOW". B OF ANY CONTRACT OR LTHEFI OOC4MEN. Yi.TH RESPEC1 TO WHICH THIS INDICATE', 140TWITHUX41DING ANY REQUIREMENT. TERM OR CONDITION 8Y ThE POLICIES pE GRIBEC HeREILAIM$ ; t3 SI.,F.IECT TO ALL THE YEi;!AS, QERTIFICATE MAY BE ISSUED OR MAY PERTAIN. T�;E INSURAt CR AFFORDED r• moWti V..AY !1AVE BEEN RED.,'C€D B Y PAID ^LAfAI.S. _... � � � E (CLUSIJN_ AND 1vQ JGITIDN3 OF •UCH POLRCIES. LIMIT .. __ . .. _ � pt)uCY fJR'lCTfIfR wbLlcY R]pMRA71ON LIY¢'f8 CO : TYPE OP INSURANCE PoLf" NU I......... PATE IMWDD:'A'r' eATf (V M.k7UlYY; ��'' .. ENI=a� A( fGAEGAT . _. ! _ 000,000 (: GENEAAL UAafLmt+� PFQO'lCf3C OMPIC>F Atii13 3 2, 0 0 0 0 0 0, l) 0 CCusAE ^IAL GIS LIAF3ILIiY TBA PEASOMAL ADS.. iN.kPY S 05/16/96, A 000, 000 n „ LAIMS MAGE ' GCOuR. 05/16/95 CACI 00, }fifi GE $ 1,000,000 OWNEE'S d CONTRACTCOS PROT. FIRE DAMAGE (Any cr* fire; 5 0 ,. 0 0 0 . ..-, ., . ..... Mc'D. RXP W iArl� Card 06101111 51000 .......... 1,000,000 AUTOMOILI I JASLITY LIMIT A AfT! AUTO TBA ..., ..., ]5/16Jg5 05116/- 6 .P4JRY X AU O%V60 AUTOS �Gt iaonP SCHEDULED AUTOS _ . ...5_. BODILY $WRY .. x HATED Atha : (Poe &=teem) X : wm-OMED AUTOS GAFtA(V Llo%@ILM ' PROPERTY DAMAGE 3 . EACH t1CgrriRENCE i EXCE$B LIABILM : ACiCiREGA1E 5 .......,.,_.,,. FORM...... LVPREL—% FOR ...... %THEA n.'N UMBRELLA FORM ..... .. .. .. ..., .... S:fATUTQIr LMflf? wORKr-4'S COMPENSATION - : EACH A:GOEW $ AND DISEASE. POLiCY wmeT S E1vPLbYlFAS' LULOLf V , CdSEASE • EA.^.•H EEmLGYm S OTHER Q=r,Vr,Ni CF 4FEAATKWVLOCAT1d &VEM' ICL>~q'SPCCLAl- rrFM" . 3A11 Texas Builders 1340 98th St Lubbock TX 79423 $HCULC ANY OF fNF ABOVE DESCRIBED PCLICIES BE CANCELLED BEFORE 7HE EXPIRATON DATE THEREOF, TWE ISSUING COWPANY WILL FNDEAVOR T, MAIL 10 DAYS WRITTEN NOTnCE TO THE CERTIFICATE I�OkZER NAMEC) TD THE LEFT, 6UT FAILUPE TO MAIL SUCH NOTICE S.IALL IMPOSE Q 060GATION OR E"ITS CR RI PRESENTATIV€fi, LIABILITY OF ANY KIND UPON THE COM°ANY, fTS AG FThe insurance has been applied for and is bound for 60 days from the Effective Date pending issuance of a policy to the Named Insured, except in Illinois. Kansas, and ,u1RANCE Oregon where it is bound until the policy applied for and currently in use by the issuing Company is cancelled in accordance with its terms. This insurance is subject NDER to the terms, conditions and limitations of the policy(ies) applied for and currently in use by the Company. Please accept this forth as a binder. WE INSURED LOAN NUMBER EFFECTIVE BATE At A.M. All Texas Builders, Inc. 1 106-01-95 P•M- s PERTT INSURED (VEHICLE: YEAR. MAKE AND I.D. M) DWELLING: FULL STREET ADDRESSBld #13263 Renewal Bate A.M. Concrete Drivewa at Pum Station 12 ffined Builders Risk At P.M. ❑ Comp. -I CAG Homeowner LJ ECE _RAGE .—. I.I. P.B. — U.M• '� Med. ❑ Fire A Thett ] Collision Q Flre BwNllry Coetents ❑ Polley ❑ $Tead Form ❑ Special L]MITS $ $ * $ r $ $ $ $ $ $ Form :,.ERR ASEs Builders Risk 100% Replacement Cost SSUING :!QMPANY Truck Insurance Exchange ImPAULDEIi Cit o€ Lubbock 1ss sapient t�rsement P.O. Box 2000 I vor of Lubbock, TX 79457 Agent's 9 Address 7402 University r,M'G 194 -5001 P Lubbock, TX 79423 C ❑ Protector ❑ Mobile Home $ 11 Flea Premium Palley Number $ 1 6907 10 39 Insured's Address P O Box 3486 Lubbock TX 79452 06-01-- A P E ENTA I' DATE 806-745-7777 77 315 PHONEDIST. AGENT . Entries in thousand of dollars CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project,for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 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 Hiles. 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: � I � I u i I 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 5121440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within 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) - (l), with the certificate of coverage to be provided to the person for whom they are providing services. ❑ 1 [l 1 1 CONTRACT 1 r Fl Ej t STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT THIS AGREEMENT, made and entered into this 25th day of May, 1995 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as YL O'W'NER, and ALL TEXAS BUILDERS, INC., of the City of Lubbock, County of Lubbock, and the State of TEXAS, hereinafter termed CONTRACTOR. r WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performers 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 #13263 - CONCRETE DRIVEWAY AT PUMP STATION NO. 12 - $31,047.00 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. ATTEST: 4ctt�— �X ecretary APPROVED AS TO CONTENT: Owner's Representative / iL� �a1u� �-_ ►1 � � ATTEST: Corporate Secretary CONTRACTOR: i By: L (Printed or T Namely TITLE: COMPLETE ADDRESS: All Texas Builders, Inc. Box 3486 Lubbock, Texas 79452 Ll 1 1 GENERAL CONDITIONS OF THE AGREEMENT 1 1 t 0 r 6 F GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: ALL TEXAS BUILDERS, INC.,who has agreed to perform the work embraced in this contract, or to his or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to MIKE MURPHY, SENIOR ENGINEER City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 5, INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORD 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. 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 with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever 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 his 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 him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14 15. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the O-wner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the 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 effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, 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 direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable 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 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 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 Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's 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. � I If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's 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 approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. ' Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 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. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's 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 actual field cost of the work, plus fifteen (15%) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and Iaborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these 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 1001/o, 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 him for his 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 he should receive compensation or an adjustment in the construction time, he shall 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). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY ME'T'HODS 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 his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. f] 1 F11 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 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 (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows: For bodily injuries, including accidental death and or property damage, $500,000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 100% 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 $1,000,000 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 Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self- insure elfinsure 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 ❑406.046) - includes all persons or entities performing all or part of the services the contractor has undertaken to perforin 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/bcvcrage vendors, office supply deliveries, and delivery of portable toilets. 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. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. (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; 4. if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f1 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 (1) - (7), 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 Warne of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: 1 1 1 e 1 1 1 �l i t (a) (b) (c) (d) (e) (fl 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; provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; 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; 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; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 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 Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must he 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 5121440-3189 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " and (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 language in subsection (e) (3) of this rule; (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; (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 (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERiALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so dcsires, 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, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be ' responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is 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 harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 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 effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. � I u � I � I 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. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of 5100.00 (ONE 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 calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change 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 of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 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 his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and 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 proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF TOME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the (honer 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. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then submit such written request to the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. 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 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 for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. Fil 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 proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative, 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 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. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for 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; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this C greement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the ontractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (3 1) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (3 1) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31 st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract docurnents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. t 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time atter a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT WITHIELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of; (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the ficial payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and 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 his Surety shall pay the amount of such excess to the Owner; or t(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. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work. under this contract, the Contractor or his Surety shall be credited therewith. N ! When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and N . delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor ® and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written 1 notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER I' In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL. CAUSES I Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation- 55. orporation 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 1 1 t CURRENT WAGE DETERMINATIONS DGV:da RESOLUTION Resolution #2502 January 8, 1987 Agenda Item #18 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailin rate of per diem wages in all localities whereundertaken on behalf of the City of 'Lubbock and such wage ratescshallsberincludedin all public works contracts as provided by law. Passed by the City Council this 8th day of January anuary 1987. TTE . r Ranett6-Boyd, City Secretary APPROVED TO ONTENT: Bi 1 Pyne, D rector of Building Services B.C. McMINN, MAYOR APPROVED AS TO FORM: Dorrald G. Vandiver, First Assistant City Attorney J EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer $11.60 Air Conditioner Installer 8.35 Air Conditioner Installer -Helper 5.50 Bricklayer 10.50 Bricklayer -Helper 5.00 Carpenter 11.00 Carpenter -Helper 5.50 Cement Finisher 7.35 Drywall Hanger 8.70 Electrician 10.50 Electrician -Helper 5.25 Equipment Operator - Heavy 8,00 Light 5.70 Floor Installer 8.00 Glazier 7.50 Insulator, Piping/Boiler 9.50 Insulator -Helper 5.00 Iron Worker 7.30 Laborer, General 4.75 Mortar Mixer 5.60 Painter 8.75 Plumber 9.25 Plumber -Helper 6.00 Roofer 7.65 Roofer -Helper 9.75 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder - Certified 8.00 i Craft EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Fl agger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator. Roller Scraper Tractor Truck Driver - Light Heavy Hourly Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 S EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 Lineman Apprentice Series 8,90 Groundman Series 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is.1 1/2 times base rate. Ll 1 SPECIFICATIONS t 7 �I City of Lubbock Water Utilities Engineering Technical Specifications for Concrete Driveway At Pump Station No. 12 ,fir �■.........��t�N 5,'� °•. S •�' ea t�SOO MK ! M!Ml..MM ON. AL CITY OF LUBBOCK CONCRETE DRIVEWAY FOR PUMP STATION NO. 12 TABLE OF CONTENTS DIVISION 1 01010 SUMMARY OF WORK 01019 CONTRACT CONSIDERATIONS 01300 SUBMITTALS 01400 QUALITY CONTROL 01700 CONTRACT CLOSEOUT 02110 SITE CLEARING 02223 BACKFILLING 02520 PORTLAND CEMENT CONCRETE PAVING � I I I 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Contract Description. SECTION 01010 SUMMARY OF WORK 01010-1 A. Contract Type: Lump sum contract, construct work under a single fixed price contract. B. Time And Order For Completion: The construction shall be completed within 70 calendar days from the date specified in the Notice To Proceed. C. Liquidated Damages the sum of $100.00 per day for each calendar day in excess of the time set forth for the completion of the project. ' 1.3 WORD BY OWNER I ' A. The Owner will award a contract for the construction of the driveway will commence after the notice of proceed. B. Work under this contract will include: 1. The procurement of a registered surveyor in the State of Texas, to survey the existing elevation of the ground. 2. The subgrade preparation. 3. The construction of 8 inch concrete driveway according to the plans. 1.4 OWNER SUPPLIED PRODUCTS A. Owner's Responsibilities: 1. Arrange for and deliver Owner reviewed Shop Drawings, Product Data, and Samples, to Contractor. 2. Arrange and pay for Product delivery to site. 3. On delivery, inspect Products jointly with Contractor. 4. Submit claims for transportation damage and replace damaged, defective, or deficient items. S. Arrange for manufacturers' warranties, inspections, and service. B. Contractor's Responsibilities: 1. Review Owner reviewed Shop Drawings, Product Data, and. Samples. 2. Assume full responsibility for the protection and safekeeping of products furnish under this contract, stored on or off the site. City of Lubbock, Pump Station. No. 12 Driveway B. Work by Owner. 1 C. Contractor use of site. D. Owner occupancy. 1.2 CONTRACT DESCRIPTION 01010-1 A. Contract Type: Lump sum contract, construct work under a single fixed price contract. B. Time And Order For Completion: The construction shall be completed within 70 calendar days from the date specified in the Notice To Proceed. C. Liquidated Damages the sum of $100.00 per day for each calendar day in excess of the time set forth for the completion of the project. ' 1.3 WORD BY OWNER I ' A. The Owner will award a contract for the construction of the driveway will commence after the notice of proceed. B. Work under this contract will include: 1. The procurement of a registered surveyor in the State of Texas, to survey the existing elevation of the ground. 2. The subgrade preparation. 3. The construction of 8 inch concrete driveway according to the plans. 1.4 OWNER SUPPLIED PRODUCTS A. Owner's Responsibilities: 1. Arrange for and deliver Owner reviewed Shop Drawings, Product Data, and Samples, to Contractor. 2. Arrange and pay for Product delivery to site. 3. On delivery, inspect Products jointly with Contractor. 4. Submit claims for transportation damage and replace damaged, defective, or deficient items. S. Arrange for manufacturers' warranties, inspections, and service. B. Contractor's Responsibilities: 1. Review Owner reviewed Shop Drawings, Product Data, and. Samples. 2. Assume full responsibility for the protection and safekeeping of products furnish under this contract, stored on or off the site. City of Lubbock, Pump Station. No. 12 Driveway 01010-2 END OF SECTION V iv R, City of Lubbock, Pump Station No. 12 Driveway P 0 3. Execute Work in a coordinated manner to avoid conflicts with Owner's to., operations. W 1.5 WORK SEQUENCE A. Construct Work to accommodate Owner's occupancy requirements during the construction period. Coordinate construction schedule and operations with Owner's Representative. 1.6 CONTRACTOR USE OF SITE A. Limit use of site to allow: 1. Owner occupancy. 2. Work by Owner. B. Construction Operations: Limited to areas noted on Drawings. C. Time Restrictions for Performing Work: 8 a.m. to 5 p.m. 1.7 OWNER OCCUPANCY A. The Owner will occupy the site for the conduct of normal operations. B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations. C. Schedule the Work to accommodate Owner occupancy. �r PART 2 PRODUCTS Not Used. PART 3 EXECUTION ` Not Used. END OF SECTION V iv R, City of Lubbock, Pump Station No. 12 Driveway P . ow SECTION 01019 CONTRACT CONSIDERATIONS PART 1 GENERAL i . l SECTION INCLUDES 01019 - 1 City of Lubbock - Pump Station No. 12 Driveway A. Schedule of values. ' B. Application for payment. C. Change procedures. 1.2 SCHEDULE OF VALUES A. Submit a printed schedule on AIA Form G703 - Application and Certificate for Payment Continuation Sheet; EJCDC 1910-8-E. Contractor's standard form or electronic media printout will be considered. B. Submit Schedule of Values in duplicate within 10 days after date of Owner -Contractor P Y - Agreement. C. Format: Identify each line item with number and title of the major specification Section. D. Revise and resubmit the Schedule of Value untill accepted to the Owner's Representative. No applications for Payment shall be submitted untill Schedule of i Values is accepted. F. The Schedule of Values, when accepted by Owner's Representative, shall be used only as the basis for the Contractor's Application for payment. F. For items on which progress payments will be requested for stored materials, break down the value into: I . The cost of the materials, delivered and unloaded; 2. The total value of labor for installing the material, including Contractor's overhead and profit. 1.3 APPLICATIONS FOR PAYMENT A. Submit three copies of each application on AIA Form G702 - Application and Certificate for Payment and AIA G703 - Continuation Sheet; AIA G722 - Project Application and Project Certificate for Payment and AIA G723 - Project Application Summary; Contractor's electronic media driven form. EJCDC 1910-8-E. B. Content and Format: Utilize Schedule of Values for listing items in Application for Payment. C. Payment Period: Monthly, on the 25th of the month. D. Include an updated construction progress schedule. City of Lubbock - Pump Station No. 12 Driveway 1.4 01019-2 CHANGE PROCEDURES A. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Sum or Contract Time as authorized by issuing supplemental instructions. B. The Engineer may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change with a stipulation of any overtime work required and the period of time during which the requested price will be considered valid. Contractor will prepare and submit an estimate within 7 days. C. The Contractor may propose changes by submitting a request for change to the Engineer, describing the proposed change and its full effect on the Work. Include a statement describing the reason for the change, and the effect on the Contract Sum and Contract Time with full documentation and a statement describing the effect on Work by separate or other Contractors. Document any requested substitutions in accordance with Section 01300. D. Stipulated Sum Change Order: Based on Proposal Request and Contractor's fixed price quotation or Contractor's request for a Change Order as approved by Engineer. E. Maintain detailed records of work done on Time and Material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. F. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. I.5 DEFECT ASSESSMENT A. Replace the Work, or portions of the Work, not conforming to specified requirements. B. If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct an appropriate remedy or adjust payment. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION City of Lubbock - Pump Station No. 12 Driveway 01300- 1 SECTION 01300 SUBMITTALS PART 1 GENERAL 1.1 SECTION INCLUDES A. Submittal procedures. B. Construction progress schedules. C. Proposed Products list. D. Product Data. E. Shop Drawings. H. Test reports. I. Construction photographs. 1.2 RELATED SECTIONS A. Section 01019 - Contract Considerations. B. Section 01400 - Quality Control. C. Section 01700 - Contract Closeout. 1.3 SUBMITTAL PROCEDURES A. Transmit all submittals to: Michael E. Murphy, P.E. Water Utilities Engineering City of Lubbock, 1625 13th Street Lubbock, TX 79401 B. Transmit each submittal (with the exception of shop drawings) with 2 copies of a submittal transmittal form. C. Sequentially number the transmittal form. Revise submittals with original number and a sequential alphabetic suffix. D. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to expedite the Project, and deliver to Mr. Michael E. Murphy at business address. Coordinate submission of related items. City of Lubbock, Pump Station No. 12 Driveway 01300-2 F. For each submittal for review, allow 10 days excluding delivery time to and from the Contractor. G. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. K When revised for resubmission, identify all changes made since previous submission. 1. Submittals will not be accepted from subcontractors, suppliers, or anyone other than the contractor. J. Submittals not requested will not be recognized or processed. 1.4 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial schedule in duplicate within 10 days after date of Owner -Contractor Agreement. B. Revise and resubmit as required. C. Submit revised schedules with Application for Payment, identifying changes since previous version. D. Submit a horizontal bar chart with separate line for each major section of Work or operation, identifying first work day of each week. E. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. F. Indicate estimated percentage of completion for each item of Work at each submission. G. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates, including those furnished by Owner and required by Allowances. 1.5 PROPOSED PRODUCTS LIST A. Within 15 days after date of Notice to Proceed, submit list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. L6 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus two copies which will be retained by the Owner's Representative, B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. C. After review provide copies for record documents describe in Section 01700 - CONTRACT CLOSEOUT. City of Lubbock, Pump Station No. 12 Driveway 01300-3 1.7 SHOP DRAWINGS A. Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Owner's Representative. B. After review provide copies for record documents describe in Section 01700 - CONTRACT CLOSEOUT. 1.8 TEST REPORTS A. Submit to the Owner's Representative, 3 copies of the test report. B. Submit test reports for approval for assessing conformance with information given and the design concept expressed in the contract documents. 1.9 CONSTRUCTION PHOTOGRAPHS A. Each month submit photographs with Application for Payment. B. Photographs: One print; color, 8 x 10 inch. C. Take four site photographs from differing directions, 5 days maximum prior to submitting. D. Identify photographs with date, time, orientation, and project identification. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION City of Lubbock, Pump Station No. 12 Driveway 01400-1 SECTION 01400 QUALITY CONTROL PART 1 GENERAL, 1.1 SECTION INCLUDES A. Quality assurance - control of installation. B. Tolerances C. References. D. Mock-up. E. Inspecting. E. Testing laboratory services. 1.2 RELATED SECTIONS A. Section 01300 - Submittals. 1.3 QUALITY ASSURANCE - CONTROL OF INSTALLATION A. Comply with the City of Lubbock, Standard Specification for Street and Pavement Construction, in all phases of construction for this project. B. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. C. Perform Work by persons qualified to produce required and specified quality. D. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer. 1.4 TOLERANCES A. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Owner's Representative before proceeding. B. Adjust Products to appropriate dimensions; position before securing Products in place. 1.5 REFERENCES AND STANDARDS A. For Products or workmanship specified by association, trade, or other consensus standards, comply with requirements of the City of Lubbock, Standard Specification for Street and Pavement Construction, except when more rigid requirements are specified or are required by applicable codes. B. Conform to most recent reference standards. City of Lubbock, Pump Station No. 12 Driveway W 01400-2 i_ OF C. Obtain copies of standards where required by product specification sections. D. Neither the contractual relationships, duties, or responsibilities of the parties in Contract nor those of the Owner's Representative shall be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.6 TESTING SERVICES A. Contractor shall appoint, employ, and pay for specified services of qualified independent IP testing services to perform testing as specified in the individual sections. ft B. Employment of testing services in no way relieves Contractor of obligation to perform, Work in accordance with requirements of Contract Documents. C. Reports will be submitted by the independent firm to the Owner's Representative and Contractor, indicating observations and results of tests and indicating compliance or non- compliance with Contract Documents. D. Cooperate with independent firm; furnish samples of materials, design mix, equipment, F tools, storage, safe access, and assistance by incidental labor as requested. 1. Notify Owner's Representative and independent firm 24 hours prior to expected time for operations requiring services. 2. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use. E. Testing does not relieve Contractor to perform Work to contract requirements. F, Re -testing required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Owner's Representative. Payment for re -testing will be charged to the Contractor by deducting testing charges from the Contract Sum/Price. 1.7 INSPECTING A. General inspection of the Work will be performed gy the Owner's Representative and by such other representative, supervisor, or inspector as may be authorized by said Owner's I Representative. 61 B. Provide additional inspection for specific portions of the Work as specified in the individual sections, at no additional cost to the Owner. C. Prescence or abscence of Owner's inspectors in no way relieves Contractor of obligation to perform work in accordance with requirements of Contract Documents. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.1 Not Used. END OF SECTION City of Lubbock, Pump Station No. 12 Driveway 01500-1 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: B. Temporary Controls: C. Construction Facilities: 1.2 RELATED SECTIONS A. Section 01700 - Contract Closeout. 1.3 TEMPORARY ELECTRICITY A. Cost: By Contractor; provide and pay for power service required from source. B. Provide temporary electric feeder from existing building electrical service at location as directed. Do not disrupt Owner's use of service. C. Complement existing power service capacity and characteristics as required. 1.4 TEMPORARY WATER SERVICE A. Connect to existing water source for construction operations at time of project mobilization. B. Owner will pay cost of water used. Exercise measures to conserve water. Provide temporary backflow preventer for the duration of the job. 1.5 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. 1. As required by laws and regulations. 2. Not less than one facility for every 20 employees. 1.6 BARRIERS A. Provide suitable barriers as required for public protection and protection of Owner's employees. 1.7 PARKING A. Provide temporary parking areas to accomodate construction personnel. B. Do not allow vehicle parking on existing pavement. City of Lubbock, Pump Station No. 12 Driveway 01500-2 1.8 PROGRESS CLEANING AND WASTE REMOVAL +� A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and. orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space. 1.9 PROJECT IDENTIFICATION A. No signs are allowed without Owner permission, except those required by law.. a. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION City of Lubbock, Pump Station No. 12 Driveway 01700-1 SECTION 01700 CONTRACT CLOSEOUT 1.6 PROJECT RECORD DOCUMENTS ' A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3, Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed Shop Drawings, Product Data, and Samples. 6. Manufacturer's instruction for assembly, installation, and adjusting. City of Lubbock, Pump Station No. 12 Driveway PART 1 GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final clearing. C. Project record documents. 1.2 RELATED SECTIONS A. Section 01500 - Construction Facilities and Temporary Controls: Progress cleaning. 1.3 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Owner's Representative review. B. Provide submittals to Owner's representative that are required by governing or other authorities. ' C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. D. Owner's Representative will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. 1.4 FINAL CLEANING A. Execute final cleaning prior to final project assessment.. ' B. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 ADJUSTING A. Adjust operating Products and equipment to ensure smooth and unhindered operation. 1.6 PROJECT RECORD DOCUMENTS ' A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3, Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed Shop Drawings, Product Data, and Samples. 6. Manufacturer's instruction for assembly, installation, and adjusting. City of Lubbock, Pump Station No. 12 Driveway 01700-2 B. Ensure entries are complete and accurate, enabling future reference by Owner. C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. E. Submit documents to Owner's Representative with claim for final Application for Payment. 1.7 WARRANTIES AND BONDS A. Provide duplicate notarized copies. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION City of Lubbock, Pump Station No. 12 Driveway 02110-1 SECTION 02110 SITE CLEARING PART 1 GENERAL 1.1 SECTION INCLUDES A. Removal of surface debris. B. Topsoil excavation. C. Rough grading 1.2 RELATED SECTIONS A. Section 01019 - Contract Considerations. 1.3 MEASUREMENT AND PAYMENT A. All cost involved shall be included in the Lump Sum cost. 1A REGULATORY REQUIREMENTS A. Conform to applicable codes for disposal of debris and use of herbicides. B. Coordinate clearing Work with Owner and utility companies. PART 2 PRODUCTS Not Used PART 3 EXECUTION 3.1 PREPARATION A. Verify that existing plant life designated to remain is tagged or identified. 3.2 PROTECTION A. Locate, identify, and protect utilities that remain, from damage. B. Protect trees, plant growth, and features designated to remain, as final Iandscaping. C. Protect bench marks, and existing structures from damage or displacement. 3.3 CLEARING A. Clear areas required for access to site and execution of Work. B. Remove any root system where necessary. C. Clear undergrowth and deadwood, without disturbing subsoil. City of Lubbock, Pump Station No. 12 Driveway 02110-2 3.4 REMOVAL A. Remove debris, rock, and extracted plant life from site. B. Do not bury any type of organic matter on site. C. Do not burn combustible materials on site. 3.5 TOPSOIL EXCAVATION A. Excavate topsoil from areas to be further excavated, re -landscaped, or re -graded. B. Stockpile in area designated on site to depth not exceeding 8 feet. Protect from erosion. Remove excess topsoil not being reused, from site. 3.6 ROUGH GRADING A. Contact Owner's Representative to verify site conditions. B. Identify required lines, levels, contours, and datum. C. Fill areas to contours and elevations with unfrozen materials. D. Place fill materials on continuous layers and compact to minimum 95 percent of maximum dry density. E. Make grade changes gradual. Blend slope into levels areas. Remove surplus materials from site. 3.7 FIELD QUALITY CONTROL A. Field testing will be performed under provisions of Section 01400. END OF SECTION City of Lubbock, Pump Station No. 12 Driveway 02223- 1 SECTION 02223 BACKFILLING PART 1 GENERAL 1.1 SECTION INCLUDES B. Site filling and backfilling. C. Fill under slabs -on -grade. D. Fill under paving. E. Fill for over -excavation. F. Caliche Driveway. 1.2 RELATED SECTIONS A. Section 01400 - Quality Control. B. Section 02222 - Excavating. C. Section 03300 - Cast -in -Place Concrete. 1.3 SUBMITTALS A. Submit under provisions of Section 01300. B. Material Source: Submit name of materials suppliers. Provide materials from same source throughout the work. Change of source requires Owner's Representative approval. C. Submit sieve analysis, physical and chemical properties of material for acceptance by Owner's Representative. 1.4 REFERENCES A. ASTM D698 - Test Methods for Moisture -Density Relations of Soils and Soil -Aggregate Mixtures, Using 5.5 lb Rammer and 12 inch Drop. B. TxDot Tex - Texas Deperment of Transportation Manual of Testing Procedures. PART 2 PRODUCTS 2.1 FILL MATERIALS A. Fill Type: 1. For trenching, subgrade, and other structures: Free from rocks or stones larger than 6 inches in their greatest dimension, brush, stumps, logs, roots, debris, and organics and other objectionable materials, and shall be wetted or dried as required and thoroughly mixed to ensure uniform moisture content. City of Lubbock, Pump Station No. 12 Driveway 0 02223-2 B. Sand cushion for drying bed floor slab: Sand or a combination of sands, and shall be composed of clean, hard, durable, uncoated grains, meeting the following gradation requirements: Sieve No. % Retained 3/8" 0 4 Otos 8 Oto 20 16 15 to 30 30 35 to 75 50 70 to 90 100 90 to 100 200 97 to 100 C. Caliche Driveway: 1. Argillaceous limestone, calcareous or calcereous clay particles, conglomerate, gravel, sand or other granular materials. 2, Material shall conform to the follwoing requirements: Sieve Size 2" 1-112" 7/8" 112" #4 #40 ------------------------------------------------------------------------------------------- % Retained 0 0-5 8-30 30-55 50-79 70-90 Materials passing the No. 40 sieve shall be unknown as "Soil Binder", and shall meet the following requirements when prepared in accordance with Test Method Tex 101-E: Liquid Limit: 45 maximum Plasticity Index: 15 maximum, 3 minimum Linear Shrinkage: 10 maximum Wet Ball Mil] Test of flexible Base Material: 55 maximum. PART 3 EXECUTION 3.1 EXAMINATION A. Verify subdrainage, dampproofing, or waterproofing installation has been inspected. B. For caliche driveway and exposed aggregate bas course, verify substrate has been inspected, gradients and elevations are correct, and is dry. 3.2 PREPARATION A. Compact subgrade to 95 percent of the maximum density in the range of 2 percent below to 2 percent above the optimum moisture content as determined by ASTM D698. B. Cut out soft areas of subgrade not capable of in situ compaction. Backfill and compact to density equal to or greater than requirements for subsequent fill material. C. Scarify and proof roll subgrade surface to a depth of 12 inch to identify soft spots; fill and compact to density equal to or greater than requirements for subsequent fill material. City of Lubbock, Pump Station No. 12 Driveway 02223-3 D. Correct irregularities in substrate gradient and elevation by scarifying, reshaping, and re - compacting. E. Do not place fill on soft, muddy, or frozen surfaces. F. Level and contour surfaces to elevations and gradients indicated. 3.3 AGGREGATE PLACEMENT A. Spread aggregate over prepared substrate to a total compacted thickness of 3 inches. B. Level and contour surfaces to elevations and gradients indicated. 3.4 BACKFILLING A. Backfill areas to contours and elevations with unfrozen materials. B. Systematically backfill to allow maximum time for natural settlement. Do not backfill over porous, wet, frozen or spongy subgrade surfaces. C. Place and compact materials in continuous layers not exceeding 8 inches compacted depth. D. Employ a placement method that does not disturb or damage other work. E, Maintain optimum moisture content of backfill materials to attain required compaction density. F. Backfill simultaneously on each side of unsupported foundation walls until supports are in place. G. Make gradual grade changes. Blend slope into level areas. L. Remove surplus backfill materials from site. M. Leave fill material stockpile areas free of excess fill materials. 1 Correct overexcavated areas using concrete with a minimum strength of 2,000 psi at 28 days. Mix, deliver and place concrete for overexcavation under provisions of Section 03300. 3.5 FIELD QUALITY CONTROL A. Field testing will be performed under provisions of Section 01400. B. Compaction testing will be performed in accordance with ASTM D698. C. If tests indicate Work does not meet specified requirements, remove Work, replace and retest. I D. Test shall be performed prior to placement of subsequent layer, and prior to placement of concrete for tank foundation. I City of Lubbock, Pump Station No. 12 Driveway 02223-4 3.6 PROTECTION OF FINISHED WORK A. Protect finished Work under provisions of Section 01500. E. Reshape and re -compact fills subjected to vehicular traffic. 3.7 SCHEDULE A. Fill under concrete slabs: 1. Compact subsoil to 95 percent of its maximum dry density. 2. Compact fill material to 95 percent of its maximum dry density prior to placement of concrete. 3. Compact Caliche Driveway to 95 percent of its maximum dry density, at a moisture content of plus or minus 2 % of optimum moisture. END OF SECTION City of Lubbock, Pump Station No. 12 Driveway 02520- 1 SECTION 02520 PORTLAND CEMENT CONCRETE PAVING PART 1 GENERAL 1.1 SECTION INCLUDES A. Slab on grade concrete, integral curbs and gutters. B. Aggregate base course. 1.2 RELATED SECTIONS A. Section 02110 - Site Clearing. B. Section 02223 - Backfilling. 1.3 SUBMITTALS A. Submit under provisions of Section 01300. B. Material Source: Submit name of materials suppliers. Provide materials from same source throughout the work. Change of source requires Owner's Representative approval. C. Submit sieve analysis, physical and chemical properties of material for acceptance by Owner's Representative 1.4 REFERENCES A. ACI 304 - Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete. B. ASTM A615 - Deformed and Plain Billet -Steel for Concrete Reinforcement. C. ASTM C33 - Concrete Aggregates. D. ASTM C 150 - Portland Cement E. ASTM C260 - Air -Entraining Admixtures for Concrete. D. ASTM 0494 - Chemical Admixtures for Concrete. E. ASTM D1751 - Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction. F. ASTM D1752 - Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction. 1.5 QUALITY ASSURANCE A. Perform work in accordance with the following requirements: City of Lubbock, Pump Station No. 12 Driveway 0 02520-2 66' 1. ACI 301 and ACI 318., 2. Sections 03300, 3. City of Lubbock Standard Specification for Street and Pavement Construction. 4. Concrete Pavement: Tx DOT Standards. - B. Obtain cementitious materials from same source throughout. C. Class A concrete shall be used for curb and gutter. Class C concrete shall be used for concrete paving. 1,6 REGULATORY REQUIREMENTS A. Conform to applicable standards for paving work on public property. 1.7 ENVIRONMENTAL REQUIREMENTS A. Do not place concrete when base surface temperature is less than 40 degrees F, or surface is wet or frozen. B. Refer to Section 03300 - Cast in place concerete for different weathered conditions. PART 2 PRODUCTS 2.1 FORM MATERIALS A. Form Materials: Wood form material, profiled to suit conditions. B. Joint Filler: Refer to the plans. C. Form Release Agent: Colorless mineral oil which will not stain concrete, or absorb moisture or impair natural bonding or color characteristics of coating intended for use on concrete. D. Waterstops: Polyvinyl chloride, minimum 1,750 psi tensile strength, minimum 50 degrees F to plus 175 degree F working temperature range, serrated with center bulb: 1 inch O.D. x 112 inch I.D., maximum possible lengths, ribbed profile, performed corner sections, heat welding jointing. 2.2 REINFORCEMENT A. Reinforcing Steel: ASTM A615; 60 ksi yield grade; No. 4 deformed billet steel bars; unfinished. B. Dowels: ASTM A615; 60 ksi yield grade, No. 6 smooth bars at 12 inch o.c. by 18 inch in length, paint and grease 213 of the dowel. 2.3 CONCRETE MATERIALS A. Concrete Materials: Class C concrete with Type 1 standard brand of Portland cement, conforming to ASTM C150 standard. Provide in accordance with the City of Lubbock, Standard Specification Street and Pavement Construction - Concrete Drive Specifications. B. Fine and Coarse Mix Aggregates: ASTM C33. City of Lubbock, Pump Station No. 12 Driveway P W. 02520-3 1 C. Coarse Aggregate: Limestone (Brownwood Type)of reasonably uniform quality throughout, free from injurious amounts of salt, alkali, vegetable matter or other objectionable material, either free or as an adherent coating on the aggregate. It shall not contain more than 0.25 percent by weight of clay lumps, nor more than 1.0 percent by weight of shale nor more than 5.0 percent by weight of laminated and/or friable particles when tested in accordance with Test Method Tex -413-A. Sieve analysis are as follows: Retained on 1 - 3/4" sieve .................................................... 0% Retained on 1 - 112" sieve .......................................... 0 to 5% ' Retained on 3/4" sieve ............................................... 30 to 65% Retained on 318" sieve ............................................... 70 to 90% Retained on No. 4 sieve.............................................95 to 100% Loss by Decantation Test Method Tex -406-A ...... 1.0% Maximum ' D. Fine Aggregate shall consist of sand or a combination of sands, and shall be composed of clean, hard, durable, uncoated grains. Unless otherwise shown on plans, the acid insoluble residue of the fine aggregate shall be not less than 28 percent by weight when tested in accordance with Test Method Tex -612-J. ' E. Water: Potable, not detrimental to concrete. ' F. G. Air Entrainment: ASTM C260. Chemical Admixture: ASTM C494, Type A - Water Reducing, Type B - Retarding; Type C - Accelerating. Type D - Water Reducing and Retarding; Type E - Water Reducing and Accelerating, ' H. I. Fly Ash: ASTM C618 Class F. Obtain from a source approved by the Texas Department of Transportation for use in concrete bridges. Use chloride free admixtures only. Do not use calcium chloride. 2.4 ACCESSORIES ' A. Curing Compound: ASTM 0309, Type 1-D. Resin based, dissipates upon exposure to UV light. Curing compound shall not prevent bonding of any future coverings, coating or finishes. B. No -shrink grout: Premixed compound consisting of non-metallic aggregate, cement, water reducing and plasticizing agents; capable of developing minimum compressive strength of 2,400 psi in 48 hours and 7,000 psi in 28 days. C. Bonding agent: Polymer resin emulsion, Polyvinyl Acetate or Latex emulsion. D. Surface Retarder: Use retarding admixture during hot weather and windy condition only ' E. when approved by Owner's Rpresentative. Use accelerating admixtures in cold weather only when approved by Owner's D. Representative. Use of admixtures will not relax cold weather placement requirements. Joint Sealers: Refer to pains. City of Lubbock, Pump Station No. 12 Driveway 0 02520-4 w 2.5 CONCRETE MIX - BY PERFORMANCE CRITERIA A. Mix concrete in accordance with ACI 304. Deliver concrete in accordance with ASTM, C94,. B. Provide Class A concrete to the following criteria: 1. Compressive Strength: 2100 psi @ 7 days. 2. Compressive Strength: 3000 psi @ 28 days. 3. Slump: 1 to 4 inches. 4. Maximum Water/Cement Ratio: 5 to 6.5 gallons/ sack of 94 pound cement. 5. Air Entrained: 5 percent (+/- 1-1/2 % tolerence). 6. The coarse aggregate factor shall not exceed 0.85. 7. Minimum of 6 sacks of cement per cubic yard of concrete. C_ Provide Class C concrete to the following criteria: Ow. 1. Compressive Strength: 3000 psi@ 7 days. 2. Compressive Strength: 3600 psi 3 28 days. !�► 3. Slump: Ito 3 inches. 4. Maximum Water/Cement Ratio: 6.0 gallons/ sack of 94 pound cement. 5. Air Entrained: 5 percent (+/- 1-1/2 % tolerence).. 6. The coarse aggregate factor shall not exceed 0.85. 7. Minimum of 6 sacks of cement per cubic yard of concrete." 8. Minimum average flexural strength (Modulus of rupture) of 600 pounds per square inch. D. Select proportions for normal weight concrete in accordance with ACI 301 Method 1 or Method 2. E. Use accelerating admixtures in cold weather only when approved by Owner's Representative. Use of admixtures will not relax cold weather placement requirements. F. Use set retarding admixtures during hot weather only when approved by Owner's Representative. PART 3 EXECUTION 3.1 EXAMINATION A. Verify base conditions and contact the Owner's Representative of any deviation from the the specifications. B. Verify requirements for concrete cover over reinforcement. C. Verify that anchors, seats, plates, reinforcement and other items to be cast into the concrete are accurately placed, positioned securely, and will not cause hardship in placing concrete. 3.2 SUBBASE A. Prepare subbase in accordance with City of Lubbock Standard Specification for Street and Pavement Construction. City of Lubbock, Pump Station No. 12 Driveway 02520- 5 3.3 PREPARATION A. Moisten base to minimize absorption of water from fresh concrete. B. Notify Owner's Representative minimum 24 hours prior to commencement of concreting operations. 3.4 FORMING A. Place and secure forms to correct location, dimension, profile, and gradient. B. Assemble formwork to permit easy stripping and dismantling without damaging concrete. C. Place joint filler vertical in position, in straight lines. Secure to formwork during concrete placement. D. Form Release Agent: Colorless minreral od which will not stain concrete, or absorb moisture or impair natural bonding or color characteristics of coating intended for use on concrete. 3.5 REINFORCEMENT A. Place reinforcement at bottom of slabs -on -grade with 1 112 inches of clear cover and as indicated on the plans. B. Interrupt reinforcement at expansion joints. C. Place dowels to achieve pavement and curb alignment as detailed. D. Provide doweled joints 12 inch oc at transverse joints, interruptions of concrete with one end of dowel set in capped sleeve to allow longitudinal movement. 3.6 PLACING CONCRETE A. Place concrete in accordance with ACI 301 and 304, and City of Lubbock Standard Specification for Street and Pavement Construction.. B. Ensure reinforcement, inserts, embedded parts, and formed joints are not disturbed during concrete placement. C. Place concrete continuously over the full width of the panel and between predetermined construction joints. Do not break or interrupt successive pours such that cold joints occur. 3.7 JOINTS A. Place type of joints as indicated on the drawings. Align curb and gutter joints. B. Place joint filler between paving components and building or other appurtenances. C. Provide sawn joints as indicated on the plans, between sidewalks and curbs, between curbs and pavement. City of Lubbock, Pump Station No. 12 Driveway 02520-6 D. Saw cut contraction joints 3/16 inch wide at an optimum time after finishing. Cut 1/3 into depth of slab. 3.8 FINISHING A. Concrete pavement: mechanically finished with approved power driven machines. B. Curbs and Gutters: Light broom. C. Direction of Texturing: Parallel to pavement direction. 3.9 JOINT SEALING A. Separate pavement from vertical surfaces with 112 inch thick joint filler. 3.10 TOLERANCES A. No variation of Surface Flatness is allowed unless approved by the Owner's Representative. 3.11 FIELD QUALITY CONTROL A. Submit proposed mix design of each class of concrete to Owner's Representative and testing firm for review prior to commencement of Work. B. Provide free access to Work and cooperate with appointed firm. C. Three concrete test cylinders will be taken for every 40 or less cu yds of each class of concrete placed each day. Tests in accordance with ACI 301 and City of Lubbock Standard Specification for Street and Pavement Construction. D. One additional test cylinder will be taken during cold weather and cured on site under same conditions as concrete it represents. E. One slump test will be taken for each set of test cylinders taken. F. Maintain records of placed concrete items. Record date, location of pour, quantity, air temperature, and test samples taken. 3.12 PROTECTION A. Immediately after placement, protect pavement from premature drying, excessive hot or cold temperatures, and mechanical injury. B. Do not permit pedestrian or vehicular traffic over pavement for 7 days minimum after finishing. END OF SECTION City of Lubbock, Pump Station No. 12 Driveway P t t 1 SPECIAL CONDITIONS 1 � I � I NOTICE OF ACCEPTANCE The City of Lubbock, having considered the proposals submitted and opened on the day of 199_, for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the day of 199_ at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid securitywill be retained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative