Loading...
HomeMy WebLinkAboutResolution - 2145 - Contract - BRB Contactors - Sewer Improvements, 98Th St Sewer Main - 09/12/1985HW:da R Fgn1 I IT T nki Resolution #2145 September 12, 1985 Agenda Item #43 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with B.R.B. Contractors for the construction of sanitary sewer system improvements for the 98th Street sewer main, attached herewith, 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 12th day of September 1985. ALA ENRY, M R ATTEST: , City Secretary APPROVED AS TO CONTENT: Gene Ead , urc asing Manager APPROVED AS TO FORM: Ha Willard, Assistant City Attorney 0 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER SYSTEM IMPROVEMENTS city of 98TH STREET SANITARY SEWER MAIN AVENUE "P" TO SALISBURY AVENUE 36-0001-14800-012480 cm) \'°' , —planned Progress' TEXAS 1 Lubbock, Texas SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER SYSTEM IMPROVEMENTS 98TH STREET SANITARY SEWER MAIN AVENUE "P" TO SALISBURY AVENUE 36-0001-14800-012480 City of Lubbock, Texas MAYOR Alan Henry COUNCIL George W. Carpenter Bob Nash Maggie Trejo E. Jack Brown T. J. Patterson Joan Baker CITY MA14AGER Larry Cunningham DIRECTOR OF WATER UTILITIES Samuel W. Wahl CHIEF ENGINEER, WATER UTILITIES Wilford D. Watson THIS CONTRACT IS SUBJECT TO ARBITRATION AS PROVIDED IN THE GENERAL CONDITIONS HEREIN September 1985 I SECTION II GENERAL CONDITIONS OF THE AGREEMENT (Yellow) Paragraph Page 1. Owner II -1 2. Contractor II -1 3. Owner's Representative II -1 4. Contract Documents II -1 5. Interpretation of Phrases II -1 6. Subcontractor II -2 7. Written Notice II -2 8. Work II -2 9. Substantially Completed II -2 10. Layout of Work II -2 11. Keeping •of Plans and Specifications Accessible II -3 12. Right of Entry II -3 13. Lines.and Grades- II -3 14. Owner's Representative Authority and Duty II -3 15. Superintendence and Inspection II -4 16. Contractor's Duty and Superintendence II -4 17. Contractor's Understanding II -5 18. Character -of Workmen II -5 19. Construction Plan II -5 20. Sanitation _. II -5 21. Observation and Testing II -5 22. Defects and Their Remedies II -6 23. Changes and Alterations = II -6 24. Extra Work II -7 25. Descrepancies and Omissions II -8 26. Right of Owner to Modify Methods and Equipment II -8 27. Protection Against Accident to Employees and Public II -9 28. Contractors Insurance II -9 29. Protection Against Claims of Subcontractors, "Labors, Materialmen, and Furnishers of Machinery, Equipment, and Supplies II -11 30. Protection Against Royalties or Patent Invention II -11 31. Laws and Ordinances II -11 32. Assignment and Subletting II -12 33. Time for Completion and Liquidated Damages II -12 34. Time and Order of Completion II -13 35. Extension of Time II -13 36. Hindrance and Delays II -13 37. Quantities and Measurements II -14 38. Protection of Adjoining Property II=14 39. Price for Work II -14 40. Payments II -14 41. Partial Payments II -15 42. Final Completion and Acceptance II -=15 ,43. Final Payment II -15 44. Correction of Work before Final Payment for Work II -I6 45. Correction of Work after Final Payment II -16 SECTION II (Continued) Paragraph Page 46. Payment Withheld II -16 47. Time of Filing Claims II -17 48. Arbitration II -18 49. Abandonment by Contractor II -19 50. Abandonment by Owner 11-20 51. Bonds II -20 52. Special Conditions II -20 53. Losses from Natural Causes II -20 54. Independent Contractor II -20 55. Cleaning Up 11-20 SECTION III 9. MATERIALS OF CONSTRUCTION (Pink) Paragraph page 1. General III -1 2. Vitrified Clay Pipe III -1 r 3. Polyvinyl Chloride Pipe (Gravity Sewer Mains) III -2 4. Polyvinyl Chloride Pipe (Force Main) III -2 5. Polyethylene Pipe III -2 ` 6. Ductile Iron Pipe III -3 7. Concrete Pipe III -3 8. Manhole Frames and Covers (4' Diameter Manholes) III -4 9. Manhole Frames and Covers (5' Diameter Manholes) III -4 10. Precast Reinforced Concrete Manholes III -4 11. Concrete & Mortar III -5 12. Reinforcing Steel III -5 13. Forms III -5 14. Curing Compound III -6 15. Embedment III -6 SECTION IV 10. DETAILS OF CONSTRUCTION (Green) Paragraph Page 1. General IV -1 2. Excavation and Trenching IV -1 3. Pipe Installation IV -4 4. Backfilling IV -5 5. Manholes IV -5 6. Manhole Frames and Covers IV -6 SECTION IV (Continued) Paragraph Page 7. Underground and Overhead Utilities and Structure IV -6 8. Removing Pavement IV -7 9. Tunneling Under Utility Lines and Permanent Structures IV -7 10. Air Testing IV -8 11. Placing Concrete IV -9 12. Clean Up IV -9 13. Deflection Testing (Flexible Conduits) IV -9 14. Removal of Existing Lift Stations IV -9 15. Concrete Base for Paving Repair IV -11 SECTION V 11. MEASUREMENT AND PAYMENT (Buff) Paragraph Page 1. General V-1 2. Sewer Lines V-1 3. Manholes V-1 4. Removal of Existing Lift Stations V-2 5. Tie -Ins to Existing Manholes V-2 6. Removing Pavement V-2 7. Final Cleanup V-2 NOTICE TO BIDDERS BID # 8673 Sealed. proposals addressed to Gene Eads, Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, 1625 13th St.. Room L-04. Lubbock, Texas. 79401, until 2:00 o'clock p.m. on the 27th day of August, 1985, to furnish all labor and materials and perform all work for the construction of the following described project: 10,531 FT. OF 42", 6744 FT. OF 36°', 170 FT. OF 21", 2496 FT. OF 18 335 FT. OF 15'°0 1713 FT. OF 12°', 505 FT. OF 10"1. 5375 OF 18" FORCE MAIN, FOR SANITARY SEWER SYSTEM IMPROVEMENTS. 98TH STREET SANITARY SEWER MAIN FROM AVENUE "P" TO SALISBURY AVENUE. After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager 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 Gene Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first Written. The City Council will consider the bids on the 12th day of September, 1985. at Municipal Bldg., 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. 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°e 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. Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a. Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. CITY OF LUBBOCK BY:Gene Eads, C.P.M. Purchasing Manager r E GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The work to be done under the contract_ documents shall consist of the following: . The principle items of work included in this project are furnishing and installing approximately 10,531 feet of 42", 6744 feet of 36", 170 feet of 21", 2496 feet of 18", 335 feet of 15",1713 feet of 12", 505 feet of 10", and 5375 feet of 18" force main, sanitary .sewer mains and related construction. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with con- tract 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 contem- plated 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 or 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 J4Q 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 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 All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. I-1 6. 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. 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and work- manship 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 incor- porated into the project. The presence or absence of a representative of the City on the construction 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 construc— tion shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a 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). 9. PLANS FOR THE CONTRACTOR The Contractor will be furnished 2 sets of drawings, 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, conser- vation, 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: 1-2 I (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 Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work con- templated 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 fur- nish 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 dines 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, furaish•and erect such barri- cades, 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 immediatelyremoved 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. The placement of barricades, fences, lights, and danger signals shall comply with the requirements of the Texas Manual on Uniform Traffic Control Devices. 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 I-3 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. =x Explosive materials shall not be.stored or kept at the construction site by the Contractor. z 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 con- tract 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 abovementioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general pre- vailing .rate of per diem wages in these contract documents does not 1-4 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 con- ditions exist: (1) The project being constructed is essential to the City of Lubbock's a 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 Representa- tive 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 com- mence work, regardless of the day of the week or the ;.me 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 thepaymentof 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 classi- fication, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is 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 classi- fications 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 forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 1-5 19. PROVISIONS CONCER�ING 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 ,Q.F 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. Itr case of discrepa.-icy 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, associa- tion, or partnership, the name and address of each member must be given and th-e•proposal signed by a member of the firm, association or partner- ship, or person duly authorized. If the proposal is -submitted by a company or corporation, the company or corporate name and business ad- dress 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 speci- fied in the Notice to Bidders, and endorsed on the outside of the envelope in the following manners _. (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 DOCUTkENTS 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. R (d) Statutory Bond (if required). (e) Contract Agreement. 1-6 (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. t (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 3 1—% EXHIBIT A City of Lubbock Building Construction Trades 'Prevailing`Rates Craft, Hourly Rate Acoustical Ceiling Installer $11.50 Air Conditioner Installer 8.75 Air Conditioner Installer-Helper . 5.00 'Bricklayer 9.00 Bricklayer Helper'4.75 Carpenter 9.50 Carpenter-Helper 5.00 Cement Finisher 8.00 . bry;wall Hanger 9.50 Electrician 10.00 Electrician-Helper 5.00 Equipment Operator - Heavy.. 7.00- Light ,: 5.00 Floor Installer 8.00 Glazier 7.50; . . Insulator .. . 9.50 Insul-ator-Helper _ 5.00 Iron Worker 7.25 Laborer, General 4.75 Motor Mixer 6.00 Painter 7.75 Plumber 9.25 Plumber-Helper 6.00, Roofer 7.00 �. Roofer-Helper 4.75 r Sheet metal Worker 8.75 Sheer" metal Worker-Helper 5.50 Welder - Certified 8.00 jN I-8'. ' EXHIBIT B 4,: City of _Lubbock Paving and Highway Construction 0 Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman _ $ 5.00 Asphalt Shoveler 4.25 Concrete Finisher 6.50 Concrete Finisher -Helper 4.75 Electrician 10.00 Form Setter 5.50 Form Setter -Helper 4.50 Laborer, General 4.25 Laborer, Utility 4.75 Mechanic 5.50 Mechanic -Helper 5.00 POWER EQUIPMENT OPERATORS: Asphalt Paving Machine 6.00 Bulldozer 5.25 Concrete Paving Machine 6.00 Front End loader 5.25 Heavy Equipment' 7.00 Light Equipment 5.00 Motor Grade Operator 6.00 Roller 5.00 Scraper 5.50 Tractor 5.50 Truck Driver - Light 4.75 Heavy 5.25 EXHIBIT C City of Lubbock Electric Construction Trades ` Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $10.00 _ Lineman Journeyman 9.50 Lineman Apprentice Series 8.00 Groundman Series 6.50 y I-10 City of Lubbock Prevailing Wage Rates 1. Overtime Rate - EXHIBIT D = The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. -•- g. . 2. Weekend and Holiday Rate - EXHIBIT E The rate for weekend and holiday is 1 1/2 times base rate. BID PROPOSAL I BID FOR UNIT PRICE PLACE 1625 13th St. Lubbock, Text DATE August 27, 1985 PROJECT NO. 36-0001-14800-01248 Proposal of BRB Contractors, Inc. (hereinafter called "Bidder") To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a 98th Street Sanitary Sewer Main Avenue to Salisbury venue 36-0001-14800-012480 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 familar 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 prices stated in Exhibit "A". The Bidder binds himself on acceptance of his proposal to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 440 consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder.hereby further agrees to pay to Owner as liquidated damages the sum of $ 1.00.00 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 Instruc- tions to Bidders. y 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. EYHIBIT A, PAGE I $ID PROPOSAL BID FOR UNIT PRICE CONTRACTS r Item Quantity Total No. Unit Description of Item and Unit Prices Amount 1. 100 42" approved sewer pipe, including Lin. Ft, embedment, furnished and installed complete in place, 12-14 cut, per lienar foot, nnP RundrP and Twpnt-y Four F M0/inn ($ 124 -on ) $ 12.400.00 2. 370 42" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 14-16' cut, per linear foot, One Hundred and Twenty Eight • & No/100 ($ 128.00 ) $__ 47.360.00 3. 102 42" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 16-18' cut, per linear foot, One Hundred Thirty Two & No/100 ($132.00 ) $ 13,464.00 4. 315 42" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 18-20' cut, per linear foot, One Hundred Thirty -Nine No/100 ($ 139.00 ) $ 43,785.00 5. 1210 42" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 20-22' cut, per linear foot, ` One Hundred Forty Three " & No/100 (a 143.00 ) $ 173,030.00 BID FOR UNIT PRICE CONTRACTS Item Quantity Total No. & Unit Description of Item and Unit Prices Amount 6. 462 42" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 22-24' cut, per linear foot, One Hundred Sixty -Four & no/100 7. 9. 10. ($164.00 ) $75,768.00 668 42" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 24-26' cut, per 1' 1254 Lin. Ft. 520 Lin. Ft. 792 Lin. Ft. inear foot, One Hundred Sixty -Eight & no/100 ($168.00 ) 42" approved sewer pipe, including embedment, furnished and installed complete in place, 26-28' cut, per linear foot, one Hundred Seventy -Two & no/100 $ 112,224.00 ($ 172.00 ) $215,688.00 42" approved sewer pipe, including embedment, furnished and installed - complete in place, 28-30' cut, per linear foot, One Hundred Ninety -One & no/100 ($ 191.00 ) $ 99,320.00 42" approved sewer pipe, including embedment, furnished and installed complete in place, 30-32' cut, per linear foot, One Hundred Ninety -Six & no/100 ($ 196.00 ) $ 155,232.00 14. 1206 42" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place 38-40' cut, per linear foot, Two hundred seventeen & no/100 ($ 217.00 ) 15. 155 42" approved sewer pipe, including Lin.Ft. embedment, furnished and installed complete in place, 40-42' cut, per linear foot, Two Hundred twenty-three & no/100 ($ 223.00 ) $ 261,702.00 $ 34,565.00 EXHIBIT A, PAGE 3 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantity Total - No. & Unit Description of Item and Unit Prices Amount 11. 1040 42" approved sewer pipe, including Lin. Ft, embedment, furnished and installed complete in place, 32-34' cut, per linear foot, Two hundred one & no/100 ($ 201.00 ) $ 209,040.00 12. 1447 42" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 34-36' cut, per linear foot, Two hundred six & no/100 ($206.00 ) $ 298,082.00 13. 900 42" approved sewer pipe, including Lin..Ft.' embedment, furnished and installed complete in place, 36-38' cut, per linear foot, Two hundred eleven & no/100 ($211.00 ) $ 189,900.00 14. 1206 42" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place 38-40' cut, per linear foot, Two hundred seventeen & no/100 ($ 217.00 ) 15. 155 42" approved sewer pipe, including Lin.Ft. embedment, furnished and installed complete in place, 40-42' cut, per linear foot, Two Hundred twenty-three & no/100 ($ 223.00 ) $ 261,702.00 $ 34,565.00 EXHIBIT A, PAGE 4 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantity Total No. & Unit Description of Item and Unit Prices Amount 16. 15 36" approved sewer pipe, including Lin . Ft. embedment, furnished and installed complete in place, 18-20' cut, per linear foot, One Hundred Twenty -Five & no/100 ($125.00 ) $ 1,875.00 17. 15 .36" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 20-22' cut, per linear foot, One Hundred -Twenty -Nine & no/100 s ($129.00 ) $1,935.00 18. 445 36" approved sewer pipe, including Lin. Ft.' embedment, furnished and installed complete in place, 22-24' cut, per linear foot, One Hundred Thirty -Three & no/100 ($133.00 ) $ 59,185.00 19. 1119 36" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place 24-26' cut, per linear foot, One Hundred Thirty -Seven & no/100 ($137.00 ) $153,303.00 20. 230 36" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 26-28' cut, per linear foot, One Hundred Forty -One & no/100 ($ 141.00 ) $ 32,430.00 EXHIBIT A, PAGE 5 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantity Total No. & Unit Description of Item and Unit Prices Amount 21. 511 36" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 28-30' cut, per linear foot, One Hundred Fifty -Six & no/100 ($ 156.00 ) $ 79,716.00 22. 503 36" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 30-32' cut, per linear foot, One Hundred Sixty -One & no/100 ($ 161.00 ) $ 81,788.00 23. 1040 36" approved sewer pipe, including Lin. Ft., embedment, furnished and installed complete in place, 32-34' cut, per linear foot, One Hundred Sixty -Six & no/100 ($ 166.00 ) $ 172,640.00 24. 1220 36" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 34-36' cut, per linear foot, One Hundred Seventy One & no/100 ($171.00 $ 208,620.00 25. 1641 36" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 36-38' cut, per linear foot, One Hundred Seventy -Six & no/100 ($176.00 ) $ 288,816.00 EXHIBIT A, PAGE BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantity _ Total No. & Unit Description of Item and Unit Prices Amount 26. 170 Lin. Ft. 21" approved sewer pipe, including embedment, furnished and installed complete in place, 18-20' cut, per linear foot, Fifty -Five & no/100 ($ 55.00 $ 9,350.00 27. 1286 Lin. Ft. 18" approved sewer pipe, including embedment, furnished and installed complete in place, 8-10' cut, per linear foot, Thirty -Four & no/100 ($ 34.00 $ 43,724.00 28. 1150 Lin. Ft. 18" approved sewer pipe, including embedment, furnished and installed complete in place, 10-12' cut, per linear foot, Thirty -Seven & no/100 ($ 37.00 ) $ 42,550.00 29. 50 Lin. Ft. 18" approved sewer pipe, including embedment, furnished and installed complete in place, 16-18' cut, per linear foot, Forty -Seven & no/100 ($ 47.00 ) $ 2,350.00 30. 10 Lin. Ft. 18" approved sewer pipe, including embedment, furnished and installed complete in place, 24-26' cut, per linear foot, Sixty -Three & no/100 ($ 63.00 ) $ 630.00 EXHIBIT A, PAGE 7 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantity Total No. & Unit Description of Item and Unit Prices Amount 31. 5375 Lin. Ft. 18" class SDR 32.5 PVC force main, including fittings and embedment, furnished and installed complete in place, 6-8' cut, per linear foot, Twenty -Nine & no/100 ($ 29.00 ) $ 155,875.00 32. 33. 34. ` 35. 10 Lin. Ft. 190 Lin. Ft. 135 Lin. Ft. 350 15" approved sewer pipe, including embed- ment, furnished and installed complete in place, 16-18' cut, per linear foot, Forty -Three & no/100 ($ 43.00 ) $ 430.00 15" approved sewer -pipe, including embedment, furnished and installed complete in place, 20-22' cut, per linear foot, . Fifty -One & no/100 ($ 51.00 ) 15" approved sewer pipe, including embedment, furnished and installed complete in place, 22-24' cut, per linear foot, Fitt' -Five & no/100 ($ 55.00 ) Lin. Ft. 12" approved sewer pipe, including embedment, furnished and installed complete in place, 12-14' cut, per linear foot, Thirty -Four & no/100 ($ 34.00 ) $ 9,690.00 $ 7,425.00 $ 11,900.00 EXHIBIT A, PAGE 8 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantity No. &Unit Descri tion of Item and Unit Prices Total' Amount 36. 210 12" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 14-16',cut, per linear foot, Thirty -Eight & no/100 ($38.00 ) $7,980.00 37. 60 Lin. Ft. 12" approved sewer pipe, encluding embed- ment, furnished and installed complete in place, 16-18' cut, per linear foot, Forty -Two & no/100 ($42.00 ) $2,520.00 38. 80 12" approved sewer pipe, including embed - Lin. Ft. ment, furnished and installed complete in place, 18-20' cut, per linear foot, Forty -Six & no/100 -($46.00 ) $3,680.00 39. 95 Lin. Ft. 12" Approved sewer pipe, including em- bedment, furnished and installed complete in place, 20-22' cut, per linear foot, Fifty & no/100 ($ 50.00 ) $ 4,750.00 40. 95 Lin. Ft. 12" approved sewer pipe, including em- bedment, furnished and installer) complete in place, 22-24' cut, per linear foot, y Fifty -Four & no/100 ($ 54.00 ) $ 5,130.00 $39,990.00 $3,551.00 $6,150.00 Y EXHIBIT A, PAGE 9 BID PROPOSAL _ ) 43. 53 BID FOR UNIT PRICE CONTRACTS Item Quantity Total No. & Unit Description of Item and Unit Prices Amount complete in place, 28-30' 41. 125 12" approved sewer pipe, including linear foot, Lin. Ft. embedment, furnished and installed Sixty -Seven & no/100 complete in place, 24-26' cut, per linear foot, ) 44. 205 Fifty -Eight & no/100 including ($ 58.00 ) $ 7,250.00 42. 645 12" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 26-28' cut, per linear foot, Thirty & no/100 Sixt -Two & no/100 $39,990.00 $3,551.00 $6,150.00 Y ($ 62.00 ) 43. 53 12" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 28-30' cut, per linear foot, Sixty -Seven & no/100 ($ 67.00 ) 44. 205 10" approved sewer pipe, including Lin. Ft., embedment, furnished and installed complete in place, 10-12' cut, per linear foot, Thirty & no/100 ($ 30.00 ) 45. 47 10" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 16-18' cut, per linear foot, Forty & no/100 ($ 40.00 ) $39,990.00 $3,551.00 $6,150.00 BID FOR UNIT PRICE CONTRACTS Item Quantity Total No. & Unit Description of Item and Unit Prices Amount 46. 50 10" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 20-22' cut, per linear foot, Forty -Eight & no/100 ($ 48.00 ) $ 2,400.00 47. 203 10" approved sewer pipe, including Lin. Ft. embedment, furnished and installed complete in place, 22-24' cut, per linear foot, Fifty -Two & no/100 ($ 52.00 } $ 10,556.00 48. 6. Each Standard Manhole, 4 feet depth, 4 foot diameter, complete in place, per each, Two Thousand Nine Hundred & no/100 ($ 2,900.00 $ 17,400.00 49. 65 Extra Vertical feet of standard manhole, Vert. Ft. 4 foot diameter, complete in place, per vertical foot, Two Hundred and no/100 ($ 200.00 ) $ 13,000.00 50. 3 Each Standard manhole, 4 feet depth, 5 foot diameter, including PVC T -Lock liner, complete in place, per each, Seven Thousand Four Hundred & no/100 ($ 7,400.00 ) $ 22,200.00 Item No 51. 52. 53. 54. 55. 56. ($ 700.00 ) 1,512 S.Y. Concrete base for paving repair, complete in place, per square yard, Thirty & no/100 ($ 30.00 -7nn nn A r 'ar,n nn EXHIBIT A, PAGE 11 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Quantity Total & Unit Description of Item and Unit Prices Amount 60 Extra Vertical feet of standard manhole, Vert. Ft. 5 foot diameter, complete in place, per vertical foot', Five Hundred Sixty & no/100 ($ 560.00 ) $ 33,600.00 3 Each Drop manhole, 4 feet depth, 5 foot dia- meter, including PVC T -Lock liner, com- plete in place, per each, Eight Thousand Two Hundred Fifty & no/100 ($ 8,250.00 ) $ 24,750.00 77 Extra verticle feet of standard manhole, - Vert. Ft. 5 foot diameter, complete in place, per vertical foot, Five Hundred Seventy -Five & no/100 ($ 575.00 ) $ 44,275.00 1 Each Tie to existing manhole, 98th Street and Indiana, complete in place, per each, One Thousand Nine Hundred & no/100 ($ 1,900.00 ) $ 1,900.00 1 Each Tie to existing manhole, 74th Street and Ave. P, complete in place, per each, Seven Hundred & no/100 ($ 700.00 ) 1,512 S.Y. Concrete base for paving repair, complete in place, per square yard, Thirty & no/100 ($ 30.00 -7nn nn A r 'ar,n nn Item No. 57. Quantity & Unit Lump Sum 58. Lump Sum 59. Lump Sum 60. Lump Sum EXHIBIT A, PAGE 12 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Total Description of Item and Unit Prices Amount Remove lift station at 98th Street and Boston Avenue, including furnishing all labor, equipment, hauling, and all other incidentals necessary for removing exist- ing lift station and clean-up of site, complete, lump sum, Two Thousand Nine Hundred & no/100 ($ 2,900.00 ) $ 2,900.00 Remove lift station at 98th Street and Elgin Avenue, including furnishing all labor, equipment, hauling and all other incidentals necessary for removing exist- ing lift station and clean-up of site, complete, lump sum, Four Thousand Five Hundred & no/100. ($ 4,500.00 ) $ 4,500.00 Remove lift station at 98th Street and Indiana Avenue, including furnishing all labor, equipment, hauling, and all other incidentals necessary for removing exist- ing lift station and clean-up of site, complete, lump sum, Three Thousand Three Hundred & no/100 ($ 3,300.00 ) $ 3,300.00 Remove lift station at 93rd Street and Memphis Avenue, including furnishing all labor, equipment, hauling, and all other incidentals necessary for removing exist- ing lift station and clean-up of site, complete, lump sum, Two Thousand Eight Hundred & no/100 ($ 2,800.00 ) $ 2,800.00 EXHIBIT A, PAGE 13 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantity Total No. & Unit Description of Item and Unit Prices Amount 61. Lump Sum Remove lift station at 96th Street and Salisbury Avenue, including furnishing all labor, equipment, hauling, and all other incidentals necessary for removing existing lift station and clean-up of site, complete, lump sum, Three Thousand Eight Hundred & no/100 ($ 3,800.00 ) $ 3,800.00 TOTAL BID $ 3,622,114.00 Type of pipe to be furnished where approved sewer pipe is indicated; 42" Spirolite 36" Spirolite 21" PVC 18" PVC 15" PVC 12" PVC 10" PVC 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. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum of Five Percent (5%) of the amount bid Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise said check or bond shall be returned the undersigned upon demand. to 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 INotice to Bidders. BRB CONTRACTORS, INC. Contractor Secretaryes E. Spicer, Sec.—Treas. CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK j THIS AGREEMENT, made and entered into this 12th day of September , A.D. 198 , by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Alan Henry , Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and BRB Contractors, Inc. P.O. Box 8128, Topeka, Kansas 66608 of the City of Topeka , County of Shawnee and State of Kansas , hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: 98th Street Sanitary Sewer Main Avenue "P to Salisbury Avenue 36-0001-14800-012480 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 perfor- mance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions,_ as provided in the contract documents and nansas DODUO 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 —BRB Contractors. Inc.. P. 0. Box 8128, Topeka, Kansas 66608 (hereinafter called the Principal(s), as Principal(s), and The Western Fire Insurance Company (hereinafter called the Surety (s), as Surety (s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Three Million, Six Hundred Twenty Two Thousand, One Hundred Fourteen and no/100 Dollars ( 3,622,114.00 ) lawful money of the United Stated for the payment whereof, the said principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated 12th day of September , 19 85 , to - 98th Street Sanitary Sewer Main, Avenue "P" to Salisbury Avenue. 36-0001-14800-012480 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 sub -contractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 copies at length herein. IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this 17th day of September 19 85 , The Western Fire Insurance Company BRB Contractors, Inc. Surety Principal By: P_residPzt *By; n R. Bra = (Title) ohn M. Koger, Jr. it e) Attorney -in -Fact By: r .. ti v V i f�.our,...• .terry` By: �. (Title).. The undersigned surety company represents that it is duly qualified to �o. WTse �rnwgll & lgvens Southwest,In buTeTere}1Cd7signates 90 1 uiteeL,O.nx U%boc. X. b an agent resident in Lubbock County to (806) 794-1949 w om any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Approved as to form: The Western Fire Insurance Company Surety *By; n M. Koger, Jr. e Attorney -in -Fact City of Lu ock By: C ty Attorney a � _ *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. Payment Bond - Page 2 POWER OF ATTORNEY The Western Fire Insurance Company HOME OFFICE —FORT SCOTT, KANSAS KNOW.ALL MEN BY THESE PRESENTS: That THE WESTERN FIRE INSURANCE COMPANY, of Fort Scott, Kansas, a corporation of the State of Kansas, having its principal office in the city of Fort Scott, Kansas, pursuant to the following Bylaw, which was adopted by the Stork - holders of the said Company on December 2, 1953, to -wit: "Section 27. RESIDENT OFFICERS AND ATTORNEYS -IN -FACT. The president, any vice president or the secretary shall have power and authority to appoint resident vice presidents, resident assistant secretaries and attorneys -in -fact, and to give such appointees full power and au- thority to make, execute and deliver in the name and on behalf of the corporation, bonds, recognizances, contracts of indemnity and other under- takings and writings of obligatory nature, and to affix thereto the corporate seal of the corporation. The president, any vice president or the secretary shall also have power. at any time to remove and revoke the authority of any such appointee." does herebyrnomhfate, constitute and appoint John M. Koger or John M. Koger, Jr. of Eugene F. Konzem of Topeka,Kansas its true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its act and deed: Any and all bonds and undertakings. Provided, No authority is extended for the execution of Open Penalty Bonds, And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding Upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Fort Scott, State of Kansas, in their own proper persons. The following Resolution was adopted at the Quarterly Meeting or the Boaro of Directors or The Western Fire Insurance Company, held on the 10th day of November, 1970: "RESOLVED,That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Section 27 of the Company Bylaws; and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary, and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." All authority hereoy conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF, THE WESTERN FIRE INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this...............25.th............................................. day of .......... October ........................................ , 19.84.......... THE WESTERN FIRE INSURANCE COMPANY By �� .0.f iF�U, fOSY.iI o � ` SEAL STATE OF KANSAS Vice President COUNTY OF BOURBON ss On this ........ 2.5.th... day of ........... ......... O.c.tober ......... A. D., 19....84.. , before the subscriber, a Notary Public in the State of Kansas in and for the County of Bourbon, duly commissioned and qualified, came ..........J. F. Heim.. Vice President ,, of THE WESTERN FIRE INSURANCE COMPANY, of Fort Scott, Kansas to me personally known to be the individual and officer described in, and who eicecuted the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, and that Bylaw, Section 27, adopted by the Stockholders of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Fort Scott, the day and year first above ar itten. r - NOTTARYARY Afivoextary My commission expires . September 5, 1988 rue�Ic Public. � I� G. R Cantrell , Assistant Secretary of THE WESTERN FIRE INSURANCE COMPANY, do -hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said THE WESTERN -FIRE INSURANCE COM- PANY, which is still in full force and effect. = ` IN WITNESS WHEREOF, I have signed this certificate at Fort Scott, Kansas, this ...................... ..........I.Tt4... :. ........... day of September 19 ..........85.. Assistant Secretary. 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 KNOW ALL MEN BY THESE PRESENTS, that (Hereinafter called the Principal (S), as Principal (s), and She Western Fire Insurance Co Rany (hereinafter called the Surety(s), as Surety(s) are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Three Million, Six Hundred Twenty Two Thousand, One Hunderd Fourteen and no/100 Dollars ( 3.622.114.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 12th day of September , 19 85 , to 98th Street Sanitary Sewer Main, Avenue "P" to Salisbury Avenue, 36-0001-14800-012480 and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. ` PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 copies at length herein. IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this 17th day of September , 19 85 The Western Fire Insurance Company BRB Contractors, Inc. Surety Principal -- 4 By: -President *By Byr R. Bra n _ (Title_) M. Koger, Jr. le By. ttorney-in-Fact By: (Title) The undersigned surety company rep5e!env that it i dul qualified to b s" ess e a aro, hPreb ignates Asn9 cesdQ Rornwa unt to whomsan thwest,In (� ox 65 27T, xLu�'boc c.9 -Irx. Sri agent resident in Lubbock Co (8063 794-35'45 g Y Y requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. The Western Fire Insurance Com -Par Surety By: Wn M. Koger, Jr. ttorney-in-Fact Approved as to Form. City of Lu bock By: E A-V ity 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. Performance Bond - Page 2 POWER OF ATTORNEY The Western Fire Insurance Company HOME OMCE —FORT SCOTT, KANSAS KNOW ALL MEN BY THESE PRESENTS: That THE WESTERN FIRE INSURANCE COMPANY, of Fort Scott, Kansas, a corporation of the State of Kansas, having its principal office in the city of Fort Scott, Kansas, pursuant to the following Bylaw, which was adopted by the Stock- holders of the said Company on December 2, 1953, to -wit: "Section 27. RESIDENT OFFICERS AND ATTORNEYS -IN -FACT. The president, any vice president or the secretary shal l have power and authority to appoint resident vice presidents, resident assistant secretaries and attorneys -in -fact, and to give such appointees full power and au- thority to make, execute and deliver in the name and on behalf of the corporation, bonds, recognizances, contracts of indemnity and other under- takings and writings of obligatory nature, and to affix thereto the corporate seal of the corporation. The president, any vice president or the sectetary shall also have power. at any time to remove and revoke the authority of any such appointee." does heretikaomlrfate, constitute and appoint John M Koger or ,john M. Koger, Jr. of Eugene F. Konzem of Topeka,Kansas its true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its act and deed: f Any and all bonds and undertakings. Provided, No authority is extended for the execution of Open Penalty Bonds, And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Fort Scott, State of Kansas, in their own proper persons. The following Resolution was adopted at the Quarterly Meeting or the Board of Directors or The Western Fire Insurance Company, held on the 10th day of November, 1970: "RESOLVED,That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Section 27 of the Company Bylaws; and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary, and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." All authority hereoy conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF, THE WESTERN FIRE INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this .................. 25.th............................................. day of .......... October ........................................ , 19.84......... THE WESTERN FIRE INSURANCE COMPANY ��C 3 SEAL f< By � °ykm. PF = STATE OF KANSAS Vice President COUNTY OF BOURBON ss On this ........ 2.5.th... day of .................... O.c.t,ober.............. . A. D., 19....84.. , before the subscriber, a Notary Public in the State of Kansas in and for the County of Bourbon, duly commissioned and qualified, came J F Heim, Vice President of THE WESTERN FIRE INSURANCE COMPANY, of Fort Scott, Kansas to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the officer of the Company aforesaid, and that the :seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, and that Bylaw, Section 27, adopted by the Stockholders of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Fort Scott, the day and year first above written. 1988 NOTARY My commission expires . September 5, :> rusL,: ' AfVeN9tary Public. .�� �< - •''�'+crow`'. G. R. Cantrell e6_y ;. , _ ... , Assistant Secretary of THE WESTERN FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a`true and correct copy of a power of attorney executed by said THE WESTERN FIRE INSURANCE COM- PANY, which is still in full force and effect. IN WITNESS WHEREOF, I have signed this certificate at Fort Scott, Kansas, this ......: ......... ......... .... ..... ......... day rif September.....................:..... . 19........ ,85.. P �. ::` sear. Assistant Secretary.`° -I? CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK Lubbock, Texas DATE: 9/19/85 Type of Project: Project No. 36-0001-14800-012480 THIS IS TO CERTIFY THAT BRB Contractors, Inc. 400 W. Curtis Topeka, KS (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the types of insurance and in accor- dance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE Policy No. Effective Expires 7,imits of Liability Workmen's WC2-141-033324-025 3/31/85 3/31/86 Statutory Compensation Owner's Protec- per Person $1,000,000 tive or Contingent Per Occurence $1,000,000 Liability LX1-141-033324- 9/18/85 9/18/86 property Damage $ 100,000 Contractor's Protec- Per Person $ 500,000 tive or Contingent Per Occurence $1,000,000 Liability LG1-141-033324-035 3/31/85 3/31/86 property Damage $ 250,000 Automobile Per Person $ 750,000 AS1-141-033324-045 3/31/85 3/31/86 Per Occurence $ 750,000 Property Damage $ 750,000 The foregoing Policies (do) (do not) cover all sub -contractors. Locations Covered: All locations DESCRIPTION of Operations Covered All operations of the Named Insured The above policies either in the body thereof or by appropriate.endorsement provide that they may not be changed or cancelled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancel- lation. ` FIVE COPIES OF THIS CERTIFICATE MUST BE SENT TO THE OWNER. *10 days notice of cancellation *Waiver of Subrogation on all policies in favor of City of Lubbock, TX Liberty Mutual Insurance Co. (Dame of Insurer) By . 2 Titley �� N: 531334 CASUALTY INSURANCE BINDER LIBERTY MUTUAL LIBERTY MUTUAL INSURANCE COMPANY' . LIBERTY MUTUAL FINE INSURANCE COMPANY . BOSTON IIBERIY INSURANCE CWRATION INSURED CITY OF LUBBOCK LUBBOCK ADDRESS TX 79400 Pending the issuance of the policy or policies of the type or types described below, LIBERTY MUTUAL INSURANCE COMPANY Or LIBERTY MUTUAL FIRE INSURANCE COMPANY Or LIBERTY INSURANCE CORPORATION agrees to insure the insured, but only for the coverages and hazards indicated, in ac- cordance with the provisions of the policy or policies in current use by it. The limit of the Company's Liability or Amount of Insurance against each such coverage and hazard shall be as stated herein, subject to all the terms of the policy having reference thereto, and no insurance is provided for coverages or hazards for which no such limit or amount is stated. Issuance of the executed policy or policies voids this binder as of the effective date of such policy. This binder may be canceled (1) by the company by written notice to the insured at the address shown above stating when thereafter such cancelation shall be effective, or (2) by the insured by mailin wri notice to the company stating whet thereafter such cancelation shall be effective. This binder shall be effective on 9—� 8-6 at 1 "L : 01 —A. M., and, unless previously canceled, shall expire on 11-17-85 , at 12:01 o'clock A.M., Standard Time, at the address of the insured. POLICY SYMBOL. POLICY NUMBERLOCATION (TO BE ASSIGNED) TYPE OF POLICY NUMBER LOCATIONS TO WHICH BINDER APPLIES LX OWNERS' AND CONTRACTORS' LUBBOCK, TX POLICY LOCATION PROTECTIVE LIABILITY EACH AGGREGATE LIMITS OF LIABILITY FOR WORKERS' COMPENSATION, EMPLOYERS' LIABILITY AND GENERAL LIABILITY HAZARDS: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATES COVERED LIMIT OF LIABILITY — COVERAGE B BODILY INJURY BY ACCIDENT $ EACH ACCIDENT BODILY INJURY BY DISEASE $ EACH PERSON BODILY INJURY BY DISEASE $ POLICY LIMIT GENERAL LIABILITY BODILY INJURY LIMITS PROPERTY DAMAGE LIMITS NO AGGREGATE LIMIT FOR POLICY LOCATION HAZARDS* EACH AGGREGATE ELEVATORS OR CERTAIN SYMBOL NUMBER COVERED OCCURRENCE FOR PRODUCTS PREMISES -OPERATIONS HAZARDS EACH OCCURRENCE AGGREGATE f f f f "Hazards insured at each location are specified in the "Hazards Covered" column by number: 1. Premises Operations—Elevators; 2. Independent Contractors—Protective; 3. Products— Completed Operations; 4. Contractual; 5. Medical Payments POLICY SPECIAL PROVISIONS OR AMOUNTS OF INSURANCE FOR OTHER CASUALTY POLICIES SYMBOL LX CONSTRUCTION OPERATIONS CONTRACTOR: BODILY INJURY – 1,000,000 EACH OCCURRENCE BRB CONTRACTORS, INC. PROPERTY DAMAGE – 100,000 EACH OCCURRENCE 400 S.W. CURTIS ST. 100,000 AGGREGATE TOPEKA, KS 66608 This binder when duly countersigned is issued On behalf of LIBERTY MUTUAL INSURANCE COMPANY or LIBERTY MUTUAL FIRE INSURANCE COMPANY or LIBERTY INSURANCE CORPORATION, herein referred to as the Company as respects the indicated coverages under forms customarily written in such Company. APPROVED BY: TONY SHELBY LIBERTY MUTUAL INSURANCE COMPANY 9-19-85 SALES REP AND SALES OFFICE LIBERTY MUTUAL FIRE INSURANCE COMPANY ONDERER 4 LIBERTY INSURANCE CORPORATION P � POLICY ISSUING OFFICE NEW ORR REN. MISHAWAKA NEW ....................... . �. SECRETAPY oaesoEwT Countersigned By Authorized Representative TYPED BY DATE BS 226 R8 Printed in U.S.A. PT 9-23-85 GENERAL CONDITIONS OF THE AGREEMENT 1. 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. 2. 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: BRB Contractors Inc. who has agreed to perform tie work embraced in this contract, or to his or'their legal representative. 3. OVIIER' S REPRESENTATIVE, Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to Samuel W. Wahl Director of Water Utilities , City Hall, Lubbock, Texas, under whose supervision these;.contract documents,'including the plans and specif- ications, 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. The Owner's Representative shall have authority to approve change orders involving a decrease or increase in cost of fve'thousand dollars or less. 4. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if re- quired), General Conditions of the Agreement, Special Conditions of the Agree- ment (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. S. 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, designa- tion 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_Representa- tive. Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their nature, be specifi- cally and clearly described and specified, but are necessarily described in. general terms, the fulfillment of which I must, depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications II -1 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE_ The Contractor shall be furnished with 2 copies of all Plans, Pro- files 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 and 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 on-site inspections to check the quality or quantity of the work, nor will he beresponsible for the'construc- tion 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 on-site observations, he will keep the Owner informed of the pro gress of the work and _will_endeavor tR_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 I to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shallbepallowed 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. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner_ ' 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 kindsofwork 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 11 all cases, decide every question which may arise relative to the execution of this contract on the, part of said Contractor. The Owner's Representative's estimates and findings shall be conditions pre- cedent 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, II -3 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 question 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 Owner'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. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefor. 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 representa- tives 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 exclu- sive 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. EI 17. CONTRACTOR'SUNDERSTANDING It is understood and agreed that the Contractor has, by careful examina- tion, satisfied himself as to the nature and location of, the „work; the confir- mation 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 contain1.ed- _. 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, un- faithful, 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 thda contract where, it is not otherwise specifically provided that Owner shall. furnish same, and it is also understood that Owner shall not be held respons1ble 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_stiructure shall at all times be maintained in a manner satisfactory to the Owner`s Representative. 20. SANITATION work site, properly Cesecluded ssary nfrom public nobservation, shall be constructed and maintained P by the Contractor in such manner and at such points at shaxl 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 con - 11 -5 tract 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 manu- factured at a location where it .is not convenient'for nOwner uor Owner'syRepresenta- tive go make observations of such work or require testing of said work, then in such event Owner or Owner's, Representative may require Contractor to fur- nish 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. I All, ,such tests___, ...... .......... will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved, is covered up without written approval or consent of the Owner or Owner's Repre- sentative, 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 inspec- tions, 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 Owner's Representative as unsuitable or not in conformity with plans, specifications and contract documents; the Contractor shall, after receipt of written notice thereof from the Owner.'. 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 _,..w .,...... _a n..,.aa.. .,_. .....:. ,.,x,r 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, Lj 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 tof the work to be done, they shall not _constitute the basis for a claim for damages, or antici- pated may be pated profits on the wordispensed with. If they increase the amount of work, and the increased work can „yfairly be classified under the specifications, such increase shall be paid according to tUie 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 asp shall make useless any work already done or material already furnished or userd 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 aictual expenses in- curred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall bae understood to mean and include all work that may be required by the Ownew or Owner's Repre- sentative to be done by the Contractor to`accomplish any c1hange, alteration or addition to the work as shown on the plans and specif icatlions 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 era work under the direction of the Owner's Representative when presented witlh a written work order signed by the Owner's Representative, subject, howe�r, to the right of the Contractor to require written confirmation„of such extrra 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 one wr more of 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 aEreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the worik, plus fifteen (15%) per cent. In the event said extra work be performed and paid fear 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, sucha as foremen, time- keepers, mechanics and laborers, and materials, supplies, tteams,`trucks, rentals on machinery and equipment, for the time actually cemployed 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 B3onds, Public Lia- bility and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by thet Owner or Owner's Representative, or by them agreed to. _Owner's Representavive may direct the form in which accounts of the actual field cost shall be kzept and records of these accounts shall be made available to the Owner's Representative. The 1UWA Owner's Representative may also specify in writing, befoore work commences, the method of doing the work and the type and kind of umchinc•.y 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 equip- ment shall be determined by using 100%, unless otherw.ser specified, of the ' latest Schedule _ofEquipment and Ownership Expenses adopoted 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 per cent (15`6) of the actual field crest 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 maixotained 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 the Owner's Representative. In case any ordex-s or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, be shall make written request to the Owner's Representative for a written drdes 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 therefor, and the Owner's Repre- sentative insists upon its performance, the Contractor sbLall proceed with the work after making written request for written order and small keep adequate and accurate account of the -actual , field cost thereof, an prc-•ided under Method (C). The Contractor will thereby preserve .the rig;bt 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, cor ct that all work described id the proposal, the specifications, plans and o. contract docu- ments, is to be done for the prices quoted by the Contracto and that such price shall include all, appurtenances necessary to complete tne'work in ac- cordance 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, Te sisould notify the Owner's 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 under- stands the work to be included and has provided sufficient sums in his pro- posal to complete the work in accordance.with_these plans and specifications. It is further understood that any request for clarification must be submitted Y prior opening no later than. five days riot to the o enin of bids 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by�the Contractor are found to be inadequate to secure the quality of work with the rate of progress re- quired 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. j 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. y _ 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Work- men'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„rcomply 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 A ii'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 an1In1dependent Contractor; inclusion' of this paragraph in the Agreement,'as well as any notice which_may be given by the Owner, 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 throughout the life of this contract, insurance protection as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact business in the State of Tex6s and shall cover all operations in connection with this contract, whether performed by the Contractor or a sub- contractor, or separate policies shall be provided covering the operation of each subcontractor. a, (A) Workmen's Compensation and. Employer's Liability Insurance As required by State statute covering all employees employed on a work whether employed by the Contractor or any Subcontractor on the job. 11-9 (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 an addi- tional insured and the amount of such policy shall be as follows: $ 50.0'aaT for bodily injuries, including accidental death, to any one person, but limited to $ tp 00D,00o per occurrence, and $1QQ�000 for property damage. The Contractor shall obtain a Contractor' Protective,(Contingent) Liability Insurance policy and the amount of said policy shall be as follows: In an amount not less than $__500_,000 for bodily injuries, including accidental death, to any one person, but not less than $ 1,000,000 per occurrence and in the amount of not less than $ 100,000 for property damage. (C) Automobile Insurance The Contractor shall procure automobile insurance providing coverage as follows; In an amount not less than _$ 100,000 for injuries, including accidental death, to any one person, but not less than $00.000 per occurrence, and in the amount of not less than $ 100,000 for property damage. z (D) Proof of. Coverage Before work on this contract is commenced, each Contractor and sub- contractor shall submit to the Owner,for approval Five (5) certi- ficates of insurance_ covering each insurance policy carried and offered' as evidence of compliance with the above insurance_ requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A statement that the insurance of the type afforded by the policy applies to all of the operations of whatever character, which are undertaken by the insured during the performance of this contract, provided such operations are required in the performance of the contract. (6) A provision that the policy may be cancelled only by mailing written notice to the named insured, at the address rtshown Fin the II -10 policy stating when, not less than ten (10) days thereafter, cancellation of such policy shall be effective, with a copy to the Owner of said letter of intent. _ 29. PROTECTION AGAINST CLAIMS OF„SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, _ Et�IPIf�TT' AIS SUT'PLIES _ a The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, work- men, 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„desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebted- ness 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. 30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall pro- vide 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 t a, ,>..: .. ,_.v 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 speci- fied 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. 31. LAWS AND ORDINANCES The Contractor shall at all times observe and gPcomply 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 Con- tractor observes that the plans and specifications are at variance therewith, ` he shall promptly notify the Owner's Representative in writing and any neces- sary 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. II -11 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 j this contract to the same effect as though embodied herein. a 32. ASSIGNMENT AND SUBLETTING JX 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. 33. 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 em- braced we to be specified in the braced. in .this contract shall be commenced on a date .,y 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 One Hundred Dollars ($ 100.00 ), not as a penalty, but as liquidated damages for the breach of the contract isbirein'set forth for each and every calendar day that the Contractor shall be in default after the ti a stipulated for com- pleting 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 rea- sonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions pre- vailing 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 Cumer 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 11-12 34. 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 Representa- tive 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. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recog- nition 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 Owner or other contractors _employed by the Owner, or by changes ordered in the work,, or by strike, walk -outs, 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. 36. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in under- taking 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 (ismer 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. 37. 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 allwork to be done and material to be furnished hereunder. i;i - here­ihe- estimated quantities -iie'ifi6,46 for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be usedPoniy as a iasis 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 wh e I r , e t"Al basis to I r . 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. 38. 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 lOwner.- 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 contracts 39. 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 specifi- cations and stipulations herein contained, the Owner agrees t6'pay the Conractor 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, iremint the attached specifications, plans, contract documents and requirements of. Owner's Representative. 40. 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 i i - 14 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. 41. 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 Representa- tive 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 certi- ficate 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 rthe Hvalue 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 agreement. 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 Contractor, the Owner may upon written recommendation of Owner's Representative y pay reasonable and equitable portion of the retained percentage due Contractor. 42. FINAL COMPLETION_ AND ACCEPTANCE_ Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that thework has been completed or substantially completed, the Owner's Representative .11 and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially com- pleted 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 (31) days to issue a certificate of acceptance of the work to the Contractor. 43. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Repre- sentative shall proceed to make final measurement and prepare a final state- ment 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 orbeforethe 31st 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 per- formance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract.: 44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owner's premises all materials con demned 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 „remgove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Con -- tractor's expense. 45. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any prowision 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 appeax within a period of one (1) year from the date of substantial completion. Tae Owner or the Owner's Representative shall give notice of observed defectss with reasonable promptness. 46. PAYMENT WITHHELD The Owner may, on account of subsequently discovered exvidence, withhold or nullify the whole or part of any certificate to such extiant as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating poe;sible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for material or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor Vrovides 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. II -16 47. 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 Repre- sentative has given any directions, order or instruction to which the Contractor desires to take exception. The Owner's 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 Repre- sentative, any demand for arbitration shall be filed with the Owner's Repre- sentative 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 final payment shall be a bar to any claim by either party, except where noted otherwise _in the contract documents. 48. ARBITRATION All questions of dispute under this agreement shall be submitted to arbi- tration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner'sRepresentative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with. promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated_ Civil Statutes." THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT, SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF, LEGAL ACTION The arbiters, if they deem the case._ demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own "c - ompensation, unless otherwise pro- vided by agreement, and shall assess the costs and „charges of the arbitration upon either or both parties. The award of, the arbiters must be -made„ -in" writing and shall not be open to objection on account of the form of proceedings or award. II -17 49. ABA)MONMENT BY CONTRACTOR In case the Contractor should abandon and _fail or refutse to resume work within ten (10) days after written notification from the Orimer or the Owner's Representative, or if the Contractor fails to comply with rhe orders of the Owner's Representative, when such orders are consistent witch this contract, this Agreement, or the Specifications hereto attached, these the Surety on the bond shall be notified in writing and directed to complete tthe work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contr.m.ctor shall not remove from the work ,any machinery, equipment, tools, mates--.i.als or supplies then on the job, but the same, together with any materials nand equipment under the contract for I work, may be held for use on the work by t3he 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 t1herefore _(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 ultimatWu ely red 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: rafter service of such notice, then the Owner may provide for completion of t1he work in either of the following elective manners (a) The Owner may employ such force of men and. tose of machinery, equipment, tools, materials and supplies as said Owner." may deem necessary to complete the work and charge the expense of such latbor, machinery, equipment, tools, materials and supplies to said Contraactor, and the expense so charged shall be deducted and paid by the Orwner out of such moneys as may be due, or that may thereafter at any tiime 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 paymble under this contract, if the same had been completed by the Contramctor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this ccontract, 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 W neer; or (b) The Owner, under sealed bids, after notice puablished 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 f-sor the completion of the work under substantially the same terms and couuiitions which are provided in this contract. In case of any increase ire cost to the Owner under the new contract as compared to what would have lbeen the cost under this contract, such increase shall be charged to the V:ontractor and the Surety shall be and remain bound therefore. However, �sh.ould the cost to complete any such new contract prove to be less than Chat which would s have been the cost to complete the work under this conitract, the Con- tractor or his Surety shall be credited therewith. 11-18 When the work shall have been substantially completed, the Con- tractor 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 be the Owner's Representative as being correct shall then be • prepared and 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 31 days after the date of certificate of completion. In the event the statement of accounts shows that the cost to com- plete 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, equip- ment, 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 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 jbbsite and belong to persons other than the Con- tractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER 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 estimateof 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 coyer the cost of any provisions made by the Contractor to carry the whole work tri 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 Article41160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contr1F__-t 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 itisfurther agreed that this contract shall not be im effect until such bonds are so fur- nished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the con- tract documents and said special conditicas conflict with any of the general conditions contained in this contract, than in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work tote done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficultieswhichmay be encountered in the prosecution of the work, shall be sustaJx-ed 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 d -.:ring 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 tot 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 Owners Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free frox accuiDulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tool -a, scaffolding, and surplus materials, I 1 -20 98TH STREET SANITARY SEWER MAIN AVENUE "P" TO SALISBURY AVENUE 36-0001-14800-012480 CITY OF LUBBOCK, TEXAS No Text 3. POLYVINYL CHLORIDE PIPE (GRAVITY SEWER MAINS) 42" 36" CLASS DEPTH OF CUT PROFILE NO. CLASS DEPTH OF CUT PROFILE NO. 63 (12 - 18) 11 100 (18 - 22) 12 100 (18 - 22) 12.3 160 (22 - 28) 12.7 160 (22 - 28) 14 250 (28 - 38) 14 250 (28 - 42) 15 -42" 36" Class De th of Cut Class Depth of Cut 52 12 - 18 53 18 - 22 53 18 - 22 54 22 - 25 54 22-2,5 5525-•28 55 25 - 28 56 e 28 - 42 56 28 - 42 L 42►' 36'° Class De th of Cut Wall Ty2e Class1 Depth of Cut Wall Type III 0 - 18 "B" III 0 - 18 "B" IV 18 - 42 "B"� IV 18 - 38 "B" , P Eby Ameron Protective_ Coating Division manholes,1.-thrn 6, including bottom _ of cover in the 60tP diameter manholes The lining shall conform to the req- 'uirements as specified .for concrete pipes. III -4 All reiriforcjng steel shall conform to _current A„S„T M. specirications A-15, A=16 or A-305. Wire mesh shall be woven or electrically welded, cold -drawn mild ,steel wire fabric.., Reinforcing bars shall be in the deformed bar type F a] a t: 14. CURING Compouw shall 15. EMBEDM rrm Ties Retained on 1" sieve 0 Retained >.. on 7/8" sieve 0 _ - 2 Retained on'3/4" sieve 20 - 35 "Retained on 5%8" sieve 85 ' - `100 ' Retain-, on 3/8" sieve � 95 - '100 -� .. Retained on No. 10 sieve -100 r; III- 6 DETAILS OF CONSTRUCTION 1. GENERAL . These general and detailed specifications govern the excavation, trenching, backfilling, handling and installation of the various sizes and type of pipe, branch connections, manholes, and other work required for the construction of the sewer lines and accessories, all as shown on the plans and as called for herein. The Contractor shall furnish all materials, equipment, labor, superin- tendance and other incidentals necessary to complete the construction of all work as shown on the plans and as called for in these specifications. 2. EXCAVATION AND TRENCHING Under ordinary conditions, excavation shall be by open cut from the surface. Where the depth of the trench and soil conditions permit, tunnelling will be required beneath structures that exist above the proposed flow line of the pipe. No additional compensation will be allowed for tunnelling. 2.1 Classification There will be no classification of the excavation and the prices bid shall be complete compensation for the removal of all material encountered in the excavation required to install the sewer pipe and appurtenances as required herein. 2.2 Excavation Methods Where soil conditions, trench depths, and freedom from interference of surface obstruction will permit, the excavation of trenches may be accomplished by machine methods subject to compliance with these spec- ifications. The type of -machine to be used to excavate the trench shall be such that the trench width and subgrade shall conform to these specifications. 2.3 Alignment Care shall be exercised to excavate a straight line of trench; the horizontal deviation of the center line of the trench bottom from the center line of the sewer as staked shall not exceed four (4) inches at any point. Undercutting will not be permitted; the maximum hori- zontal offset of the trench wall from the bottom of the trench to top of the trench (undercutting) shall not exceed six (6) inches. IV -1 2.4 Trench Width To control the earth load _on,the pipe,.trench width shall not exceed eighteen (18") inches nor Tess than twelve (12") inches greater than the outside diameter of the pipe barrel. Where the maximum width is exceeded at a location where gravel embedment was required, the Contractor shall embed the pipe in concrete as required herein. The cost of this additional embedment shall be paid by the Contractor. 2.5 Subgrade Trenching equipment may be used to excavate to the approximate flow line of the pipe or the required distance below the pipe barrel where gravel or concrete embedment is required. The remainder of the excava- tion and preparationof the bedding for the pipe` shall be accomplished with handtools. All loose material shall be removed from the trench bottom before preparation for bedding begins. The trench bottom or bedding shall_ be accurately shaped and graded in such a manner that the pipe, when laid ,thereon, will be in contin- uous and uniform contact with the solid trench bottom, or embedment where required, for the entire length of the pipe barrel. Batter boards or laser beam may be used to accurately grade the trench bottom to the grades established' by the Engineer. The subgrade shall be so graded and levelled that the spigot end of the pipe will be accurately centered in the bell of the adjacent pipe when laid without raising the pipe off the trench bottom. The original pre- paration of the subgrade prior to pipe installation shall be sufficiently accurate to require a minimum of subgrade adjustments after installation has begun. All locations where, the subgrade material becomes unstable or mucky because of ground or surface water, and where rock or other unyielding materials are -encountered in the bottom of the trench, the Contractor' will be re- quired to remove said material to a.depth of not less than three (3") inches below the elevation „of I the pipe subgrade over the entire width of the trench and shall replace with granular material conforming to the specifications for gravel for pipe embedment as stated herein. Such materials shall be thoroughly compacted over the entire trench width to the grade established for the bottom of the pipe.. All locationsy where the „trench,. exc-avation is deeper than called for by field measurement, the Contractor shall replace the excessive excavated materials with granular material conforming to the specifications for pipe embedment as stated herein. Such materials shall be thoroughly compacted over the entire trench width to the grade established for the bottom of the _pipe. 117-2 2.6 Bell Holes Each bell hole shall be excavat_ed,_by the pipe layer immediately prior to the placing of the pipe in the trench. Bell holes shall _be of suf- icient depth to prevent .the pipe bell from being in contact with the trench bottom and shall provide sufficient space for the completion of the joint. Bell holes shall not be longer than one-fourth.(k) of the length of the pipe barrel. 2.7 Bracing and Sheeting of the Trench The Contractor shall provide all necessary bracing and sheeting when necessary to prevent caving. In the event the Engineer requires such bracing or sheeting to remain,in place in the trench after _same'is backfilled, then in such event the cost of such, materials,shall ibe w w paid by Owner to Contractor at the;,current prices for the materials used. 2.8 Protection of Property The Contractor shall take all,precautions necessary for protecting private property (trees, shrubs, lawns, gas meters, utility lines, etc.), curbs., sidewalks, power poles and street paving from being damaged by the trenching or backfilling operations. Any damage that occurs as a result, of. the, construction procedures used by the Contrac- tor shall be repaired by the Contractor,,at,his,own„expense except as herein specified. The Contractor shall conf ine his operations to the limits of the- public or private right-of-way shown on the plans. Any damage which the Con- tractor incurs outside ,the limits of this night -of -way shall be his responsibility. 2.9 Rock Excavation Where rock is encountered in the excavation,required herein to install the pipe as directed by the Engineer, the Contractor may request written permission from the Engineer to use explosives as outlined in Section 1. 2.10 Manhole Excavation_,,, Excavation, for manholes shall be not Mmore wthan twelve (12") inches greater in any three directions than the outside _diameter _of^the _._ manhole.unless._„required for the manhole footing. In no case shall the clearance be.les,s than, Iix (6") inches. Where the excavation ,for manholes is greater than the one foot allowed as_shown _on the plans, the pipe shall be cradled in concrete, for a distance of five _feet on each side of the excavation at no additional cost to the owner. iv. -3 IV -4 2.11 Tunnel Excavation— Tunnel sections shall provide adequate clearance for the pipe to insure proper grading and alignment. Concrete grout shall be forced along the entirelengthcomplete filling p walls. voidspaceofnthe„pipeeandsthe tunnel 2.12 Ground Water Water shall be removed from the trench before final grading of the bedding foundation, and the trench shall be kept dry during all plisses of pipe installation. The Contractor shall be _responsible for pumping and removing water from the trench and the cost thereof shall ,be included in the price bid on the proposal for the structure being built. 3. PIPE INSTALLATION 3.1 General Sewer pipe and fittings shall be inspected upon delivery and during the progress of the work_ and any material found to be defective will be H rejected and the Contractor shall remove ,such defective material from the site of the work. The Contractor shall be responsible for all materials furnished by him and replace at his own expense all such, material that is found — ­— _he,wshall to be defective in manufacture or has been damaged in handling after to a delivery. 3.2 Pipe Laying After the trench has been properly fine graded, the pipe shall be laid, in accordance with the following specifications._ Each length of pipe n shall be in for defee "Icts and shall be thoroughly cleaned before being lowered into thetrench, Pipe laying shall proceed up -grade with the ends pointing in the direction of flow, Allpipe shall be „spigot laid true tomthe lines and grades as established by the Engineer, batter boards or laser beam shall be used and each length of pipe set to grade.- Bell holes shall be dug at each joint of sufficient ,depth to allow the ..�. entire length of the barrel of the pipe to rest on the bottomLLof thewr„ trench and to allow,ample space for properly jointing the pipe. The jointing shall be completed for all pipe laid each day, in order not to leave open joints in the tr,en.ch overnight. At times when pipe laying is not in progress, then open ends of the pipe shall be properly plugged. No pipe shall be laid in water, or when trench conditions or weather is unsuitable for such work If the pipe is disturbed from line and grade after being laid, the pipe shall be'removed",fromtrench, the joints cleaned, g, and _the pipe relaid. _ IV -4 4. BACKFILLING Backfilling of the trench shall be done .4's soon as practicable after com- pletion of the laying and jointing of the pipe as specified herein. 4.1 Backfilling Above Pipe The remainder of the, backfill that is above inchesinches higher than the top of the pipe shall be backfilled with select excavated material in 6 inch to 12 inch layers and compacted to 95% Standard_ Proctor Density. ' The moisture content shall 'ne.. atta ned, by prewetting and thoroughlymixing before applying appropriate layers to accomplish desired compaction„ After completion of the backfill, all surplus material shall be .loaded and wasted „at the Contractor's expense, at locations approved by the Engineer. The site shall. be, leveled made 'ready for use as soon as practicable after backfilling. Following the completion of the backf filling the Contractor shall main- . Iain the street and trench surfaces, in a satisfactory manner until final completion and acceptance of the work. The maintenance to include,blad- ing from time to time as necessary, filling depressions caused, by settle- ment, sprinkling to settle dust, brooming or flushing at the request of the Engineer and other work required to keep the streets and_roads.in satisfactory condition for traffic._ ._ The Contractor shall maintainandw w be responsible for all paving cuts until such time as City Forces shall repair cuts with asphalt 5. MANHOLES 5.1 General Manholes shall ,be constructed at the locations shown on the plans, or as directed by the Engineer, in accordance with the details shown,on the plans and as specified herein. Extreme care shall_,,be exercised while, hand ,tamping the backfill around ,manholes_ to desired, compaction. No backfill material I shall be, placed until the mortar has set., Drop manholes shall be constructed as detailed „onrthe „plans and in accordance with, the specifications for standard manholes On straight runs, the pipe shall be laid _through the manhole, and the invert shall be formed ,in,the bottom of the manhole with concrete and the top half of the pipe broken out. On manholes,where,there is a change in direction of ..,,the main and where laterialwlines enter the manhole, the inverts shall bene ' a - tly formed with concrete as„ specified for the man- hole bottom. The ierts shall, have a true curve of as large a radius as the size of the manhole will permit and shall be given a smooth trowel finish. - 5.2 Precast Reinforced ,Concrete, Manholes.. The concrete bottom for.,t_his type of manhole shall be completed as shown in the details _of ,the plans and allowed to- set before any percent `sections are placed on the base. The, concrete_ used shall conform to the 5 specifications contained herein., The_,ledge upon which the bottom sec- tion of riser pipe is supported shall be a form surface, held to true dimensions and level at all points so that the riser pipe is uniformly supported and standing vertical. The elevation of the supporting ledge shall be set so that ,the„bottom of the riser pipe is above the top'of the IV -5 highest pipe entering the base, and so that no more than 1.0 foot of grade ring adjustment is required for grade adjustment at the top. The inverts shall be formed in the base at the time of concrete placement. The riser joints and the grout space between the base and risers shall ' be sealed inside and out with cement mortar or othermasticmaterialy suitable to the Engineer. Rings or brick used for grade adjustments shall be set with cement mortar. _ 6. MANHOLE FRAMES AND COVERS The manhole frames and covers .shall_be as_ specified herein and as shown on the plans. The'frames shall be ,set_ level and ,to„the grade established by the Engineer. They shall be set in a full bed of mortar and grouted as shown on the plans. 7. UNDERGROUND AND OVERHEAD UTILITIE'S AND STRUCTURES" The CONTRACTOR will be required to locate all known utility lines, including consumer service lines, far enough in advance of the trench- ing to make proper provisions for protecting the lines and to allow for any deviations that may be required from the established lines and grades. The CONTRACTOR will not be allowe- „to disrupt the service on any utility lines except consumer service lines, which may be taken out of ,service for short periods of time, if the Contractor obtains permission from the Engin- eer and from the Owner of the premises being served by the utility. The CONTRACTOR shall immediately notify the proper utility company of any damage of utility lines, in order that service may be restored with the least possible delay. Any damage to existing lines and the repair of consumer ser- vice lines which are authorized to .be cut or temporarily taken out of service shall be repaired or replaced by the Contractor at his own expense, and as directed by an official representative of the utility company involved. All utility lines shall be properly supported to prevent settlement or damage to the lines both during and after construction Any permanent relocation of existing utility lines required to properly complete this project shall be done by the utility company without expense to the Contractor. No extra 'payment will be made for any extra work involved in working around or under any underground structures or_uti.li_ty lines, except where payment is allowable under these specifications. A iv --6 8. REMOVING PAVEMENT 8.1 General Wherever it is necessary to make cuts in existing pavements, side- walks, driveways or curbs and gutters, the cuts shall be made in such manner as to cause the least possible damage to adjoining surfaces. 8.2 Removal of Asphalt Paving In removing asphalt pavement, the asphalt surface shall be cut along each side of the trench ahead of the trenching machine and the surfacing and base removed with the trenching machine as the trench is excavated. The width of surface_re.moved by the CONTRACTOR of asphalt paving is not to exceed eighteen (1811) inches more than the actual trench width being cut. Any areas removed or damaged in excess of the above widths will be charged against the CONTRACTOR' S_ es t_i mate_ at the rage of.. $3.98 per square foot as payment to the CITY for replacing the excessive width. No separate payment will be made for cutting and removing asphalt paving and caliche base, thecost of this work shall be included as a part of the cost of the pipe line complete in place. " 8.3 Removal of Concrete Paying Removal of.any sidewalks, concrete pavement, concrete base, brick paving, concrete curbs and gutters (where allowed) shall be made.by cutting the concrete to a straight_ l ine_on each side of the trench ¢� and removing the concrete ahead of t'he I trenching. Normally, tunnelling will be required under curbs and,__gutters. The width of the surface re- moved by the CONTRACTOR of concrete, paving is not to exceed the trench width plus three (3') feet. Any areas removed or:damaged in excess of the above widths will be charged against the CONTRACTOR'S estimate at the rate of $8.95 per square foot as payment to the CITY for replacing the excessive width_ Care shall be taken to preserve any reinforcement encountered as well as possible. Cutting of steel reinforcement will.- be ill_be allowed only at the approximate_ center of the pavement cut. 9. TUNNELLING UNDER UTILITY..LINES'AND PERMANENT STRUCTURES „ Where two or more pipes or conduits crossing the _ditch are encountered _ in any one location so that the distance between centerlines, is such that trenching is not feasible, or where permanent obstructions-other, than curb and gutter are encountered that, in the opinion of the Engin- eer, cannot be economically removed or replaced, tunnelling may be re- quired. No extra compensation shall be paid for this type tunnel and _ the cost of tunnelling shall be included as apart of the cost of the__, pipe line complete in place except where called for on the plans. g, Iv-7 i 10. AIR TESTING Air Testing shall conform to the requirements of the latest revision of ASTM C-828.Standard Practice for Low Pressure Air Testing for sewer lines. The following requirements shall be adhered to as specified in ASTM'C-828. Maximum air loss, for 36" diameter pipe shall be 8,0 Ft,3/min. Maximum time limit for „a 1.0 P S.I pressure loss for 36" diameter pipe shall be 6.0 minutes per 100 feet of line. Maximum air ,loss, ,for 48" diameter pipe shall be 9.0 Ft.3/min. Maximum time limit for a1,.0 P.S.I. pressure loss for 42" diameter pipe shall be 7.3, ,minutes per 100 feet of line., The folowing formula shall be used for calculating allowable air _losses. T = K D2L Q T = Time for pressure to drop 1.0 p.s.i. D = Inside pipe diameter in inches K = 0.000371 inch pounds L = Length of line tested infeet'. Q = Air loss in ft3/min. Procedures for_Testing Plug all openings in section to be tested and add air until the internal ' pressure of the line is raised approximately 4.0 p.s.i. After this pressure is reached, allow the pressure to stabilize._.hTime,for„stabilizing pressure normally takes 2 to 5 minutes, When „the pressure has stabilized and is at or above the starting pressure of 3.5 p.s.i., start the test. If the pressure drops more than 1.0p.s.i. for the above specified maximum ' losses given for 36” and_42"_diameters, the line has failed the test.„ 11. PLACING CONCRETE After mixing, the concrete shall be transmitted to the forms in'a manner which willprevent separation or loss of ingredients and shall be placed in its final position without undue delay. Where the concrete is to be placed in deep forms or trenches, as in `pipe encasement, pier columns or for manhole bottoms, dropping from heights of greater than seven feet must be avoided by using spouts or "elephant trunks" or other means which will prevent the segregation of the ingredients. Where concrete is being placed for pipe encasement, care should be taken to prevent the concrete from falling directly on the unprotected pipe. After the concrete is in place sufficient rodding should be done to prevent honeycombing. s IV -8 12. CLEAN UP As the construction _work,progresses,.the Contractor shall backfill the trenches, 'remove excess excay..ated materials, and other debris, and do sufficient ,clean up and blading of the trench surfaces to make the streets and alleys suitable for safe. use of traffic, ,_ , After the construction work is completed and before final acceptance by the Owner.- the Contractor shall. remove all rubbish and excess , materials from the site of the work. The above shall include all excavated ,,materials ,and ;all ,rocks or hard trumps larger than 3 inches which still remain _ aft er blading the area ,back to the original ground grade. Furrows which tend to gather after'blading shall be removed together with excavated material which has drifted 13. DEFLECTION TEST (FLEXIBLE CONDUIT) Deflection testing shall be conducted -by the Contractor. Method-oftesting shall be made with Go No Go _full circle device. furnished by Contractor. Mandrel diameter shall not be less than 95 per cent of the inside diameter.__ of the pipe used. 14. REMOVAL Of EXTSTINGLIFTSTATIONS _ Existing lift stations at the following locations_ shall be abandoned ,and_ removed, to the municipal storage yard in the vicinity of Municipal Dr. and the Amarillo Highway. Approximate size, depth, weight and distance to storage yard are given for each. 1. '98th Street& Boston__ 4. 93rd Street &;MemphisAve. Depth = 19 ft. ± Depth = 18 feet Diameter = 9'6" Diameter = 7'10" Weight = 17,500 lbs. t Weight _ .9000 lbs. t Distance = 8.5 mi. = Distance = 9.4 mi t 2. 98th Street..& Elgin Ave. 5. 96th Street . Salisbury Ave. Depth = 26 ft. t Depth = 31 ft. Diameter 9'6" Diameter = 8' Weight = 17,500 lbs. ± Weight = 10,000 lbs.t_ Distance = 8.8 mi. f Distance = 10.5 mi._f 3. 98th Street & Indiana Ave. Depth = 21 feet' ± Diameter = 7'10" Weight = 10,200 lbs. + _ Distance = 9.25 mi. t The excavation remaining after removal of each lift station shall be ' backfilled and other debris shall be removed from the site and clean- up 'shall be satisfactory for reuse of property. rs _ IV -9 No Text CITY OF LUBBOCK SPECIFICATIONS FOR PAVING CUT ; Specl f i cati ons for placing water; sewer, telephone, gas and oil fines or any other zondui t pipe or tile under any paving wi thi q the City Limits of the City of Lubbock; ' 1. All excavations within _.the,,right-of-way and not under a_ surfacing. -shall be f backfilled by tamping the material in 6 -inch horizontal layers. All surplus 'materials shall. be be removed from the.si'ght-of-way and the excavation finished flush with sur•roundi natural' ground. 2. Where sodding is disturbed by excavation or backfilling operations, such areas shall be replaced by mulch sodding on all slopes of 2y, or less. All slopes over 2%, shall be replaced by block sodding. 3. The City Engineer of Lubbock may grant permission to cut the pavement. 1n the event a cut is persCi tted_the following requirements shall govern: (a) All backfill material shall_ be moist :and shall_ be free.111-1­11 from lumps or clods. Backfill shall be compacted while moist- in 6=inch hori - zonta;i layers by means of a pneumatic tamper. (b) A 6 -inch reinforced concrete slab wshall wbe placed over the trench to extend one -hal f the wi dth of the trench on each s i de_ of the trench. The topof the slab sha1l be 1- inches below the top of ' the p�avi'ng. Slab shall be reinforced with 6" x 611_ - 10/10 wire mesh placed l" from the bottom of the slab. Wire mesh shall be acisquateiy held in place off of the ground until concrete is placer. Uigh early) Type 111 portiand cement, making a 2500 • p . s . i concrete a t 3 da ys . The s 1 a i? sha 1 l be _ co.ve,re with wet ' soil kept moist, and closed to traffic for ,118 hours. (c) Paving shall be 1"" compacted mat of Type "C" Hot Mi x Asphai ti c Concrete Pavreme.n_t ,(Class A) Texas Highway. Department specifica- tions (1972) Item No. 340 with crushed stone. (d) Operations shalt be performed in such a manner that all ex- cavated ed material and equipment be kept off the paved surface at a1i titres. (e) Barri®des, warning signs and flagmen when necessary shall be pro- vided by the owner of the line or his duly authorized contractor. (f) Installation shall be made_ in accordance with the following s ke t chi: Surface to be replaced by City . at Contractors expense. �w w w/2 Es1stln9 Pvt. • v.'� •' • ' , �•_ ; ' •� •.. • a� •, r.i .•:• 1.5" Asphaltic Concrate. Neat Cut '- sa.. 6•' Cone. Sockfill Compacted to ' \95% Standard _jConcrete to be placed by Proctor Density. Y Contractor under City �--� supervision. O io Scale r.2O • _ x Pipe io IV -11 1. GENERAL The unit price bid on each item, as stated in the proposals, shall include furnishing all labor, superintendence, machinery, equipment and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications.. Cost of, work or materials shown on the plans or `called for in the specifica- tions and on which no separate payment is made shall be included in the bid prices on the various pay items, except where certain speci- fic work is herein specified to be paid for at "Current Prices" and as "Extra Work". s 2. SEWER LINES A. Measurement The length of the sewer lines of the various sizes and types to be pai.d for will be„determined ybb 11y rd I ''the centerline of the pipe installed; measurement being made from center of man- hole to end of pipe. No deductions will be made for the space occupied by manholes of fittings. The various depth of cut to be paid for will be determined from final profiles of the lines as constructed, the depth.of cut being the vertical distance from the original ground surface to the invert of the pipe. B. Payment Installing or furnishing and installing sewer pipe at the various depths of cut, in the locations shown on the „plans or as required will be paid for at, the unit price bid per linear foot for in- stalling or furnishing and installing the pipe at the various depths of cut, complete in place, including all materials, fittings, excavation, gravel embedment, grading, backfilling, and any and all incidental work in connection with the pipe lines not other- wise included in the bid items or otherwiseprovided for in the specifications. 3. MANHOLES _ A. Measurement 1 di stance f The depth of all standard and drop manholes will be determined by -' from the to of the manhole measurement of the vertica P frame to the flow line of the pipe. Additional depths of manholes s'called for in the proposal shall greater than the base depth a be paid for as extra vertical feet of manholes. V-1 I B. Payment (1). Manholes, Base Depth The construction of manholes at the various locations shown on the plans or as required will be paid for at the unit price bid for constructing manholes - base depth, complete in place. The unit price bid shall be complete compensation for constructing the manhole base depth,. complete in place, including all materials, excavation, backfilling and other incidental work necessary for constructing the manhole in accordance with the plans and spec if scat ions. (2). Extra Vertical Feet of Manholes The extra vertical _feet of manholes will be paid for at the unit price bid per extra vertical foot for constructing the additional depth of manhole over the base depth complete in place. The unit bid price shall be complete compensation for constructing the extra vertical feet complete in place, including all materials, excavation, backfilling and other incidental work. 4. REMOVAL OF EXISTING LIFT STATIONS The lump sum bid for abandoning and removal of the existing lift stations, shall include furnishing all labor, superintendence, machinery, equipment and materials necessary for excavation, plugging existing lines, hauling, and clean up of site after removal of lift station. 5. TIE-INS TO EXISTING MANHOLES At existing manholes where the existing stub -out cannout be used, or there is no existing stub -out, the CONTRACTOR shall be paid at the unit price bid for breaking into the manhole and constructing the necessary new manhole invert.__ 6. REMOVING PAVEMENT No separate payment will be made for cutting and removing concrete, brick or asphalt surfacing and caliche base, the cost of the work shall be in- cluded as a part of the cost of excavation for the pipe line. 7. FINAL CLEANUP The cost of the cleanup shall be included as part of the cost of the various items of work involved, and_ no direct compensation will be made for this work. V-2 MONTHLY ESTIMATE 98th Street Sanitary Sewer Main CITY OF' LUBBOCK ev 511 r ! 4 Project: Avenue "P" to Salisbury Avenue Project No. 36-0001-14800-012480 Contractor: BRB Contractors, Inc. Estimate No. 15 & Final Address: P. 0. Box 8128 Contract $ 39622,114.00 Topeka, Kansas 66608 By C. 0. 4,165,763.00 Estimate Period From January 1 19 87 to January 30 19 87 on First estimate and final estimate use actual work dates ITEM UNIT OF PROJECT WORK DONE CONTRACT MEASURE EST. QUANTITIES ON CONTRACT PRICE AMOUNT 1. 42" approved sewer pipe, L.F. 100 124.00 including embedment, furnished and installed complete in lace 12-14 cutper linear foot: 2. 42" approved sewer pipe, in- L.F. 370 cluding embedment, furnished and installed complete in place, 14-16' cut, per linear foot; 3. 42" approved sewer pipe, --in- L.F. 102 247 cluding embedment, furnished and installed complete in place, 16-18' cut, per linear foot; 4. 42" approved sewer pipe, in- L.F. 315 946 and installed complete in lace, 18-20' cutper linear foot; 5, 42" approved sewer pipe, in- L.F. 1210 1045 cluding embedment, furnished and installpri complete in lace, 20-22' cut per linear foot: 28.00 .00 132,604.00 139.00 1131,494.00 143.00 1149.435.00 MONTHLY ESTIMATE 98th Street Sanitary Sewer Main CITY OF` LUBBOCK Project: Avenue "P" to Salisbury Avenue Contractor: BRB Contractors, Inc. Address: P. 0. Box 8128 Project No. 36-0001-14800-012480 Estimate No. 15th & Final Contract $ 3,622,114.00 Topeka. Kansas 66608 By C.O. $4,165,763.00 Estimate Period From January 1 19 87 to January 30 19 87 on First estimate and final estimate use actual work dates ITEM UNIT OF MEASURE PROJECT WORK DONE CONTRACT T.QUANTITIES ON CONTRACT PRICE AMOUNT 6 42" a roved sewer pipe, in- L.F. 462 437 164.00 71 668.00 cluding embedment furnished and installed complete in place, 22-24' cut, per linear L. F. and installed complete in lace 24-26' cutper linear foot; 168.00 3. 42" approved sewer pipe, in- L. F. 1254 960 172.00 165 120.0 cluding embedment furnished and installed com lete in place, 26-28' cut, per linear foot; 9. 42" approved sewer pipe. in- L cluding embedment, furnished and installed complete in place. 28-30' cut. per linear 191.00 1104,859.00 10. 42" approved sewer pipe, in- L.F. 792 782 196.00 153,272.00 cluding embedment, furnished and installed complete in place, 30-32' cut, per linear 4 MONTHLY ESTIMATE _2. 42" approved sewer pipe, in- L.F. 1447 1 1640 206.00 337.840.00 and installed complete in lace 34-36' cutper linear foot: 42" approved sewer pipe, in- L.F. cluding embedment, furnished and installed complete in place, 36-38' cut, per linear foot: 405 1 211.00 42" approved sewer piDe. in- 860 217.00 186,620.00 cluding embedment furnished and installed complete in lace 38-40' cutper linear foot: IE lace, 40-42' cu 16. 36" approved sewer pipe, in- ( L.F. e. 18-20' cut. per L.F.; 449 223.00___ 15 1 179 1 125.00 i 22,375.00 CITY OF LUBBOCK 98th Street Sanitary Sewer Main Project: Avenue "P" to Salisbury Avenue Project No. 36-0001-14800-012480 Contractor: BRB Contractors, Inc. Estimate No. 15 & Final Address: P. 0. Box 8128 Contract $ 3,.622,114.00 Topeka, Kansas 66608 By C.O. $4,165,763.00 Estimate Period From January 1 19 87 to _ Jignuar'y• 30 , 19 87 On First estimate and final estimate use actual work dates ITEM UNIT OF PROJECT WORK DONE CONTRACT MEASURE EST. QUANTITIES ON CONTRACT PRICE AMOUNT 11. 42" approved sewer pipe, in- L.F. 1040. 1155 201.00 232 155.00 cluding embedment furnished and installed complete in place, 32-34' cut, per linear foot, _2. 42" approved sewer pipe, in- L.F. 1447 1 1640 206.00 337.840.00 and installed complete in lace 34-36' cutper linear foot: 42" approved sewer pipe, in- L.F. cluding embedment, furnished and installed complete in place, 36-38' cut, per linear foot: 405 1 211.00 42" approved sewer piDe. in- 860 217.00 186,620.00 cluding embedment furnished and installed complete in lace 38-40' cutper linear foot: IE lace, 40-42' cu 16. 36" approved sewer pipe, in- ( L.F. e. 18-20' cut. per L.F.; 449 223.00___ 15 1 179 1 125.00 i 22,375.00 cluding embedment, furnished and installed complete in place, 20-22' cutper linear foot• 18. 36" approved sewer vi e in L.F cluding embedment furnished and installed complete in place 22-24' cutper linear foot; 19. 36" approved sewer pipe, in- L F lace 24-26' cutper linear foot• 20. 36" approved sewer pipe, in- T -F cluding embedment f.11rnished and installed complete in lace 26-28' cut er linear foot• 21. 36" approved sewer pipe, in- L.F. cludin,g embedment furnished and installed com fete in lace 28-30' cutper linear. foot• 22. '36" approved sewer pipe, in- L.F. cluding embedment furnished and installed complete in Place, 30-32' cut, per L.F. 508 1913 306 9 5 .00 1254.429.00 137.00 1 306,332.00 43,146.00 156.00 1 85,488. 161.00 j 82.915.00 MONTHLY ESTIMATE CITY OF' LUBBOCK 98th Street Sanitary Sewer Main Project: Avenue "P" to Salisbury Avenue Project No. 36-0001-14800-012480 Contractor: BRB Contractors, Inc. Estimate No. 15 & Final Address: P. 0. Box 8128 Contract $ 3 622,114.00 Topeka, Kansas 66608 By C.O. $4,165,763.00 Estimate Period From January 1 19 87 to January' 30 19 87 On First estimate and final estimate use actual work dates ITEM UNIT OF PROJECT WORK DONE CONTRACT MEASURE EST. QUANTITIES ON CONTRACT PRICE AMOUNT 17. 36" approved sewer pipe, in- L.F. 1 .15 750 129.00 96,750.00 cluding embedment, furnished and installed complete in place, 20-22' cutper linear foot• 18. 36" approved sewer vi e in L.F cluding embedment furnished and installed complete in place 22-24' cutper linear foot; 19. 36" approved sewer pipe, in- L F lace 24-26' cutper linear foot• 20. 36" approved sewer pipe, in- T -F cluding embedment f.11rnished and installed complete in lace 26-28' cut er linear foot• 21. 36" approved sewer pipe, in- L.F. cludin,g embedment furnished and installed com fete in lace 28-30' cutper linear. foot• 22. '36" approved sewer pipe, in- L.F. cluding embedment furnished and installed complete in Place, 30-32' cut, per L.F. 508 1913 306 9 5 .00 1254.429.00 137.00 1 306,332.00 43,146.00 156.00 1 85,488. 161.00 j 82.915.00 MONTHLY ESTIMATE 98th Street Sanitary Sewer Main CITY OF` LUBBOCK Project: Avenue "P" to Salisbury Avenue Project No. 36-0001-14300-012480 Contractor: BRB Contractors, Inc. Estimate No. 15th & Final Address: P. 0. Box 8128 Contract $ 3,622,114..00 Topeka, Kansas 66608 By C.O. $4,165,763.00 Estimate Period From January 1 19 87 to January 30 119 87 On First estimate and final estimate use actual work dates ITEM UNIT OF I PROJECT WORK DONE CONTRACT MEASURE EST. QUANTITIES ON CONTRACT PRICE AMOUNT 23. 36" approved sewer pipe, in- L.F. 1 1040 2682 166.00 445 212.00 eluding embedment, furnished and installed complete in place, 32-34' cut, per linear foot; 24. 36" approved sewer pipe, in- cluding embedment, furnished and installed complete in place, 34-46' cut, per linear 4-- 25. ,.,. a. . 25. 36" approved sewer pipe, in- cluding embedment, furnished and installed complete in _ place, 36-33' cut, per linear foot; 26. 21" approved sewer pipe, in- cluding embedment, furnished and installed complete in place, 18-20' cut, per linear -P,,,, t . 27. 18" approved sewer _pipe, in- I L. place, 8-10' foot: 1329 1 171.00 1 227,259.00 176.00_ 133 1 55.00 1 7,315.00 .UU 4 7 MONTHLY ESTIMATE 98th Street Sanitary Sewer Main CITY OF LUBBOCK Project: Avenue "P" to Salisbury Avenue Project No. 36-0001-14800-012480 Contractor: BRB Contractors Inc. 15 & Final Estimate No. Address: P. 0. Box 8128 Contract $ 3,622,114.00 Topeka, Kansas 66608 By C.O. $4,165,763.00 Estimate Period From January 1 , 19 87 to Januar Y 30 '19 87 On First estimate and final estimate use actual work dates ITEM UNIT OF PROJECT WORK DONE CONTRACT MEASURE EST. OUANTITtES ON CONTRACT PRICE AMOUNT 28. 18" anoroved sewer pipe, in- T,_ -F_ TTSn 358 37.00 13.246._00 -12' cut. per linear foot; 29. 18" approved sewer pipe, in- cluding embedment, furnished and installed complete in -'--- ,c ,nt _-- 14---- . , . 18" approved sewer pipe, in - lace 24-26' cutper linear foot; 31. 18" class SDR 32.5 PVC force main, including fittings and embedment, furnished and installed complete in place, 6-8' cut, per linear foot 32. 15" approved sewer pipe, including embedment, furn- ished and installed complete in place, 16-18' cut, per linear foot; 33. 15" approved sewer pipe, including embedment, furn- ished and installed complete in place. 20-22' cut per L.F. 50 1 47.00 10 1 63.00 5398 1 29.00. 1 156,542.00 41 1 43.00 ' 1,763.00 L.F. 1 190 1 121 1 51.00 ' 6.171.00 MONTHLY ESTIMATE 98th Street Sanitary Sewer Main CITY OF' LUBBOCK Project: Avenue "P" to Salisbury Avenue Project No. 36-0001-14800-012480 Contractor: BRB Contractors, Inc. Estimate No. 15 & Final Address: P. 0. Box 8128 Contract $ 3,622,114.00 Topeka, Kansas 66508 By C.O. $4,165,763.00 Estimate Period From January 1 19 87 to Janu6ry 30 1987 on First estimate and final estimate use actuai work dates ITEM UNIT OF PROJECT WORK DONE CONTRACT MEASURE EST. QUANTITIES ON CONTRACT PRICE AMOUNT 34. 15" apiproved spwpr pipe, in- L.F. 135 173 55.00 cluding embedment. furnished and installed complete in place 22-24' cut ,__ -per linea foot: 12" approved cluding ember and installer place, 12-14' linear foot: - I L.F. 1 317 34.00 36. 12" approved sewer pipe. in- 214 38.00 8,132.00 cluding embedment furnished and installed complete in place, 14-16' cut per linear foot: 37. 12" approved sewer pipe, in -1 L.F. 1 60 1 62 ( 42:00 _[ 2,604.00 and installer place, 16-18' linear foot: 12" approved sewer pipe, in- cluding embedment, furnished and installed complete in place, 18-20' cut, per linea foot, 46.00 MONTHLY 'ESTIMATE 98th Street Sanitary Sewer Main CITY OF* LUBBOCK Project: Avenue "P" to Salisbury Avenue Project No. 36-0001-14800-012480 Contractor: BRB Contractors, Inc. Estimate No. 15 & Final Address: P. 0. Box 8128 Contract$ 3,622,114.00 Topeka, Kansas 66608 By C.O. $4,165,763.00 Estimate Period From January 1 19 87 to January 30 19 87 On First estimate and final estimate use actual work dates ITEM UNIT OF PROJECT WORK DONE CONTRACT MEASURE EST. QUANTITIES ON CONTRACT PRICE T AMOUNT 39. 12" approved sewer pipe, in- L.F. 95 94 50.00 4,700.00 cluding embedment furnished and installed complete in place, 20-22' cut, per linear foot; 40. 12" approved sewer pipe, in- L.F. 95 109 54.00 cluding embedment furnished and installed complete in place, 22-24' cut, per N 11 2:. 11 41. 12" approved sewer pipe, in- L.F. 125 247 58.00 14 326.00 cluding embedment, furnished and installed complete in lace 24-26' cut per linear foot; 42. 12" approved sewer pipe, in- L.F. 645 �602 62.00 cludinR embedment, furnished 37.324.00 lace 26-28' cutper linear foot: I I 43. 12" approved sewer pipe, in- L.F. 53 67.00 cluding embedment furnished and installed complete in lace 28-30' cutper linear foot; 9• Extra Vertical feet of stan- V.F. 65 ' 38.44 200.00 7.688.00 dard manhole 4 foot diam- eter, complete in place, Der vertical foot• cludin embedment furnished MONTHLY ESTIMATE CITY OF: LUBBOCK 98th Street Sanitary Sewer Main place, 10-12' cut, per Project: Avenue "P" to Salisbury Avenue Project No. 36-0001-14800-012480 Contractor: BRB Contractors, Inc. Estimate No. 15 & Final Address: P. 0. Box 8128 Contract $ 3,622,114.00 Topeka, Kansas 66608 By C.O. $4,165,763.00 Estimate Period From January 1 , 19 87 to January 30 , 19 87 40.00 1,880.00 on First estimate and final estimate use actual work dates cluding embedment furnished ITEM UNIT OF PROJECT WORK DONE CONTRACT and installed complete in MEASURE EST. QUANTITIES ON CONTRACT PRICE AMOUNT 44. 10" approved sewer pipe, in- L.F. 205 216 30.00 6,480.00 9• Extra Vertical feet of stan- V.F. 65 ' 38.44 200.00 7.688.00 dard manhole 4 foot diam- eter, complete in place, Der vertical foot• cludin embedment furnished and installed complete in place, 10-12' cut, per linear foot', 45. 10" approved sewer pipe, in- L.F. 47 47 40.00 1,880.00 cluding embedment furnished and installed complete in lace 16-18' cut,per linear foot; 46. 10" approved sewer pipe, in- L.F. 50 17 48:<00 816.00 cluding embedment furnished and installed complete in lace 20-22' cutPer linear foot', 47. 10" approved sewer pipe, in- L.F. 203 236 52.00 12,272.00 cluding embedment furnished and installed complete in place, 22-24' cut, per linear foot; 48. Standard Manhole 4 feet Each 6 1 4 2,900.00 1 11,600.00 death. 4 foot diameter I I 9• Extra Vertical feet of stan- V.F. 65 ' 38.44 200.00 7.688.00 dard manhole 4 foot diam- eter, complete in place, Der vertical foot• MONTHLY ESTIMATE 98th Street Sanitary Sewer Main -CITY OF' LUBBOCK Project: Avenue "Ptt to Salisbury Avenue Project No. 36-0001-14800-012480 Contractor: BRB Contractors, Inc. Estimate No. 15 & Final Address: P. 0. Box 8128 Contract $ 3!o6221.114.00 Topeka, Kansas 66608 By C.O. $4,165,763.00 Estimate Period From January 1 t9 87 to January 30 19 87 on First estimate and final estimate use actual work dates ITEM UNIT OF PROJECT WORK DONE CONTRACT MEASURE EST. QUANTITIES ON CONTRACT PRICE AMOUNT 50; Standard manhole 4 feet Each 3 2 7,400.00 14,800.00 depth, 5 foot diameter, in- cluding PVC T -Lock liner, complete in glace, per each: _ 51. Extra Vertical feet of s - V 60 37.5 560.00 21 000.00 dard manhole 5 foot diam- eter, complete in laceper ��• Drop manhole, 4 Leet depth 5 foot diameter, including PVC T -Lock liner, complete in place: 53. Extra verticle feet of sta _ dard manhole 5 foot diam- eter complete in Q a e per verticle foot. - 54- Tie to existinc manhole- complete anhole complete in place, per ea 55. Tie to existing manhole. 74th St. and Ave. P. com- plete in place, per each; 56. Concrete base for 12aving repair, complete in place_ per square yard: 3 -_[ V. F. 1 77 1 89.7 1 Each 1 1 1 1 y, 1 1512 1 2414 575.00 _51,577.50 1,900.00 ' 1.900.00 700.00 ' 700.00 30.00 ' 72,420.00 MONTHLY ESTIMATE CITY OF' LUBBOCK 98th Street Sanitary Sewer Main Project: Avenue "P" to Salisbury Avenue Project No. 36-0001-14800-012480 Contractor: BRB Contractors, Inc. Estimate No. 15 & Final Address: P. 0. Box 8128 Contract $ 3,622,114.00 Topeka, Kansas_ 66608 By C.O.$4,165,763.00 Estimate Period From January 1 , 19 87 to January 30 19 87 On First estimate acrd final estimate use actual work dates ITEM U141T OF PROJECT� WORK DONE CONTRACT MEASURE EST. aUANTITIES ON CONTRACT PRICE AMOUNT 57. Remove lift station at 98th Lump Sum 1 1 2.900.00 2,900.00 Street and Boston Avenue including furnishing all labor, equipment, haulin and all other incidental up or site complete, ium sum• 58. Remove lift station at 98th Lump Sum1 _ 1 4,500.00 4,500.00 Street and Elgin Avenue in- T cluding furnishing all labor for removing existing lift station and clean-up of site complete, lum sum• 59. Remove lift station at 98th Lump 1 Street and Indiana Avenue including fUrnishing all labor, equipment, hauling, and 211 rit'hpr irridpritnlq necessary for removing exist- ing lift station and clean - 1 - 1 3,300.00 1 3,300.00 Street and Memphis Avenue including furnishing labor. eauiDment, hauling. Sum; 61. Remove lift station at 96th Lump Sum Street and Salisbury Avenue including furnishing all labor, equipment, hauling,__ and all other incidentals necessary for removing existing lift station and clean-up of site complete, lump sum• 1 1 1 3,800.00 3,800. MONTHLY ESTIMATE MATERIALS PURCHASED B C.O.L. * , 8 CITY OF LUBBOCK @ $38.43 $307.92 98th Street Sanitary Sewer Main $231.00 Project: Avenue "P" to Salisbury Avenue Project No. 36-0001-14800-012480 Contractor: BRB Contractors, Inc. 2'- Estimate No. 15th & Final Address: P • 0. Box 8128 2 Contract $ 396229114.00 Topeka, Kansas 66608 By C.O. $4,165,763.00 Estimate Period From January 1 19 87 to .,January 30 , 19 87 Total On First estimate and final estimate use actual work dates ITEM UNIT OF PROJECT WORK DONE CONTRACT MEASURE EST. QUANTITIES ON CONTRACT PRICE AMOUNT 60. Remove lift station at 93rd LumD Sum 1 1 2,800.00 2,800.00 Street and Memphis Avenue including furnishing labor. eauiDment, hauling. Sum; 61. Remove lift station at 96th Lump Sum Street and Salisbury Avenue including furnishing all labor, equipment, hauling,__ and all other incidentals necessary for removing existing lift station and clean-up of site complete, lump sum• 1 1 1 3,800.00 3,800. APPROVED: For Fn r•S Office Totjl Amount of Work Done .. e, 4,112, 518.00 Calculations by: Less 5 % Retained ............. $ En ineer � Date a 1 f j/ Difference r Less Special Deduction ........... $ 17, 484.57 Checked by: De Ead Date D Hference ...... s4.095.033.43 /rte Less Previous Payments .......... $ 4,065.631.53 oirlctOr Date ' Amount Due this Estimate......... $ 29,401.90 MATERIALS PURCHASED B C.O.L. 8 ft. of 4 ft. dia. manhole riser pipe @ $38.43 $307.92 2 - 4 ft. dia. manhole cones $231.00 3 - Manhole bottoms @ 8400.00 $1200.00 2'- Manhole rings 34.95 $69.90 2 - Manhole lids @ $33.34 $66.68 - Total $1,875.50 - $1,875.50 APPROVED: For Fn r•S Office Totjl Amount of Work Done .. e, 4,112, 518.00 Calculations by: Less 5 % Retained ............. $ En ineer � Date a 1 f j/ Difference r Less Special Deduction ........... $ 17, 484.57 Checked by: De Ead Date D Hference ...... s4.095.033.43 /rte Less Previous Payments .......... $ 4,065.631.53 oirlctOr Date ' Amount Due this Estimate......... $ 29,401.90