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HomeMy WebLinkAboutResolution - 2042 - Contract-Panhandle Construction-24" Water Line, 75Th & Frankford To 73Rd & Genoa - 05/23/1985HW:da RESOLUTION Resolution #2042 May 23, 1985 Agenda Item #51 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 Panhandle Construction Company for the construction of a 24 -inch water line from 75th Street and Frankford Avenue to 73rd Street and Genoa Avenue, 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 23rd day of ATTEST: , LILY Sec APPROVED AS TO CONTENT: ene ads, Purchasing Manager APPROVED AS TO FORM: .Y-� Har Willard, l Assistant City Attorney CITY CITY OF LUBBOCK SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 24 INCH WATER LINE 75TH STREET AND FRANKFORD AVENUE TO 73RD STREET AND GENOA AVENUE 22-0001-14800-840515 16 A City of v =.flannea Prooreu �'EXAS 14- vK C I TVA, 0" LUB'"'Ov Lubbock,, Texas SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 24 INCH WATER LINE 75TH STREET AND FRANKFORD AVE. TO 73RD STREET AND GENOA AVE. 22-0001-14800-840515 City of Lubbock, Texas MAYOR Alan Henry COUNCILMEN George W. Carpenter Maggie Trejo T.J. Patterson Bob Nash E. Jack Brown Joan Baker CITY MANAGER Larry Cunningham DIRECTOR OF WATER UTILITIES Samuel W. Wahl CHIEF ENGINEER, WATER UTILITIES Wilford D. Watson April, 1985 THIS CONTRACT IS SUBJECT TO ARBITRATION AS PROVIDED IN THE GENERAL CONDITIONS HEREIN 0 INDEX w I. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS 4. BID PROPOSAL - BID -FOR UNIT PRICE 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. SPECIFICATIONS 11. SPECIAL CONDITIONS NOTICE TO BIDDERS BID # 8516 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 2:30 o'clock p.m. on the 10th day of May, 1985, to furnish all labor and materials and perform all work for the construction of the following described .project: 24 INCH WATER LINE FROM 75TH AND FRANKFORD AVE TO 73RD ST AND GENOA AVE After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at hi$ 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 23rd day of May, 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 performanbe bond -is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted., The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, 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 CITY OF LUBBOCK,TEXAS 4 SPECIFICATIONSAND CONTRACT DOCUMENTS 22-0001-14800-840515 24 INCH WATER LINE 75th & FRANKFORD AVE. TO 73rd ST. & GENOA AVE. Attention of all bidders is directed to the following modification hereby made to the above referenced specifications: 1. THE BID PROPOSAL, Item No. 3, Quantity &Unit "150 C.Y." should read "150 Sq. Yd." This Addendum shall be signed, submitted with the bid and made a part of the Specifications and Contract Documents. Guy Wi son, P.E. WaterUtilities Engineer Bidder: Pan"n le Construction /Company BY Title: jorej i BID PROPOSAL BID FOR UNIT PRICE PLACE Lubbock, Texas DATE May 10 1gR5 • PROJECT NO. 22-on()1-14Rn0-8400,1 S Proposal of PANHANDLE CONSTRUCTION COA4RAMV (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 94_ inch class 150 wa1-or, 1;.,a a=pproxnmentiy !270 feet ie 1,, 481 including all valves fittings. and other appurtenances_ 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 Qiyt-v 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 $ 250.00 for each consecutive calendar day in excess of the time set forth hereinabOVe for co-mpletion 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 Inst�ruc- tions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the iddin€. 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. 11 EXHIBIT A, PAGE 1 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantity Total No. & Unit Description of Item and Unit Prices Amount 1. 1260 L.F. 24 inch class 150 approved water pipe furnished and installed including fittings and gravel embedment complete in place, per linear foot; Thirty eight & 40/100 DOLLARS ($ 38.40 ) $ 48,384.00 2. 1 Ea. 24 inch butterfly valve and concrete valve box furnished and installed including coupling, labor and materials complete in place, per each: Six Thousand. Four HindrPd Tw my Six and no/100 DOLLARS ($--6.426.00-) $ -6,426.00_ 3. 150;X. Paving repair including reinforcing steel S.Y. and concrete furnished and installed com- plete in place, Twenty and no/100 DOLLARS ($ 20.00 ) $_,3,000.00 TOTAL July $ 57,810.00 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 ) or a Proposal Bond in the sum of Five Percent Dollars ($ Dollars ($ 5% ), 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 to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder ` shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Gentlemen: You may deduct (2%) two percent if estimates are paid on or before the 10th of the month. (Seal if Bidder is a Corporation) ATTEST: Z6� , �2�- - Secretary Mr---rdMr---rdlp rnnrtrtictinn• H • . . Contrac P.O. Box 1500 Lubbock. Texas 79408 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 23rd day of Nav , A.D. 1985, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through A1,_ -:=r,-.., , Mayor, thereunto authorized -to do so, hereinafter referred to as OVNER, and of the City ofLubbock County of Lubbock and State of Texas hereinafter termed CO';TRACTOR. WITNESSETH: That for and in consideration of the payor-ents 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 co—ence and complete the construction of certain improvements described as follows: Furnish and install approximately 1270 feet of 24 inch class 150 water line, complete including all valves, fittings, and other appurtenances. 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 se rices necessary to co-plete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to cc=mence work within ten days after the date written notice to do so shall have been given to him and to substantially complete sane 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 to make payment on account hereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in the year and day first above written. CITY OF LUBBOCK, BY : ATTEST: - (OWNER) City Secretary PANHANDLE CONSTRUCTION COMPANY CONTRACTOR ATTEST BY: TITLE: DAVID H: HAMPTON pmlffliNT Secretarfy C011PLETE ADDRESS: APPROVED AS TO FORM: Panhandle Construction Company P.O.' Box 1500 Lubbock, Texas 79408 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 PANHANDLE C oNsTRUCTION C'CImmy (Hereinafter called the Principal (S), as Principal (s), and ST. PAUL, FIRE AMID IARC: imstm NcE mmowv (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 FIFTY ` SEVEN TEWSAND EIGHT HINIDRED TEN AND N0/100 Dollars (57,810.00 ) 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 h the Obligee, dated the 23 day of NAY 19 85 to _P'LM SH AND 1270 FEET CSE' 24 nxiti LASS 150 WATER LINE, O TIM iNIMUDING ALL VALVES, FMIMS, AND OTHER APPURTENANCES 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, HOT -,EVER, 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 5 day of JUNE ST. PAUL FIRE AND M ARIM INSURANCE COMPANY P CCNSTR =C N COMPANY Surety Principal By:gAg44 *By DA HAM, RESID(Title) WO C OVMN (Title) ATTORNEY IN FACT By (Title)_ By: (Title) The undersigned surety company represents that it duly qualified to do business in Texas,, and hereby designates pypjMj,Tr EIOM RmTNsy nr =—,, r4r. TZE0= TE AL an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process maybe had in matters arising out of such suretyship. ST. PAUL FIRE AND MOM TNSE ANC E C MEANY S ty By. • HOWARD COWAN (Title) AT OFdSW IN FACT Approved as to Form. .City of Lubbock By: W ity Attorney eNote: 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. Perfo aance Bond - Page 2 S 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 :fEN BY THESE PRESENTS, that PANHANDLE CONS I Ur OU COMPANY (hereinafter called the Principal(s), as Principal(s), and ST. PAUL FIRE AND MAR= 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 FIFTY SEVEN THOUSAND EIGHT HU MFO) TEN AND N01100 Dollars 57,810.00 ) 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 9-4 day ofd , 19, to FLTVISH AND INSTALL APPF4KDWMY 1270 FEET CF 24 n4CH CLASS 150 - WATER.LIl�, COMPLETE INCLUDING ALL VALVES, FITTINGS, AND OTHER 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 hire 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, H0,,TVER, 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 F.; 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 5 day of JUNE 19 85 ST. PAUL FIRE AND MARINE INSURANCE COMPANY PANHIMM CMSTR Y -MCN CMNIPANY Surety Principal By: By-. DKVAD H. , PRES itle) HOWARD COMN (Title) ATTOR'NE'Y IN FACT By. (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates RFPUBISC HOGG ROHINSM OF TEXAS,IW. TZIRRN-79 TMWA an agent -resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. ST. PAUL FIRE AND MARINE_ IN-9URANCE COWAN Surety CION (Title) ATTORN, Y IN FACT Approved as to form: City of Lubbock / By : 1d&AP* ^ i 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. Payment Bond Page 2 MUM ST. PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF „ d 385 Washington Street, St. Paul, Minnesota 55102 AUTHORITY NO. For verification of the authenticity of this Power or Attorney, you may telephone toll free 800-32&2189 and ask for 6 the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). V 53 GENERAL POWER OF ATTORNEY - CERTIFIED COPY (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: J. A. Finley, H. T. Wilkins, ILI, Howard Cowan, Gertrude Crocker, LaOonna McKinley, individually,' + Lubbock, Texas its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, NOT TO EXCEED IN PENALTY THE SUM OF FIVE MILLION ($5,000,000) EACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V, -Section 6(C), of the By -Laws adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970, of which the following is a true transcript of said Section 6(C): "The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a nieeting duly. called and held on the 6th day of May, 1959, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." a FIRE kuWiyy� IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its J 4i7��yy� corporate seal to be affixed by its authorized officer, this 1st day of March, A.D. 1984. q ; , • `, ST. PAUL FIRE AND MARINE INSURANCE COMPANY terns STATE OF MINNESOTA} County of Ramsey' � � GO. 1 j• DAN vtce President yuaca` i On this th day of 'November 19 8 4 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of Said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. 1AC IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the city of St. Paul, Minnesota the day' Sri. and year first above written. �YtouKt� MARY C. CLANCY, Notary Public, Ramsey County, MN My Commission Expires November 1, 1990 CERTIFICATION . I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGNALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. £ IN TESTIMONY WHEREOF, I have hereunto set my hand this r day of JUNE1955 Secretary Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 29550 Rev. 3-84 Printed in U.S.A TO a C77,'C= LU33..CK Bcx 2000 Lubbock, Texas DATE: Type' of Raterline and Appurtenance Project: #22-0001-14800-840515 THIS IS TO CE TIF— T'::AT PANL HANDLE CONSTRUCTION MIPANY (Nane and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations herei:a!ter described, for the types of insurance and in accor- dance wi.tn• the provisions of the standard policies used by this Corpany, and further hereinafter described. Exceptions to standard policy noted hereon. TYPE of LNSURANCE Policv No. Effective Exnires Li=its of Liability o"l=e Co�sat 1) �ensa tic:: WC 170025 9-30-84 9-30-85 100,000.00 O mer' s ?ro tec- Per ?ersoa S 500 ,000.00 tiVe or Contingent 2). GLA 19379083. 1-1-85 9-30-85 Per Occurence $500 000.00 Liability Property Damage $ 100,000.00 Contractor's Protec- 2) MP1920+690 9-30-84 9-30-85 Per ?erson $ , tive or Cont_ -ager; 1) rIN035829 9-30-84 9-30-85 Per Occurence $ 500,000.00 Liability Property Damage $ 100,000.00 2) CIA 19383271 9-30-84 9-30-85 Automobile 1) MN035829 9-30-84 9-30-85 Per Person S 500 000.00 Per Occurence $M,000.00 Property Damage $ IUU, The foregoing Policies (do) (�) cover all sub -contractors. Locations Covered: Lubbock and E DESCRIPTION of Operations Covered 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 tbaa the legal tine required after the insured has received written notice of such change or cancellation, or in case there is no legal require=ent, in less than five days in advance of cancel - la t ion . _ 1) Mission National_ Insurance Company -2) Transamerica Insurance Co.. P'I'PE COFIES OF run C RTZFICATE "FUST BE SENT TO THE OWNER. IRIS CERTIFICATE IS ISSUED AS A MATTER 3F 'INFORMATION ONLY AIV CONFERS NO RIGHTS ;JPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT XEM, EXT M OR ALTER THE OWER V E (Name of Insure:) By James F. Dunn, J 6. T event GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The work to be done under the contract documents shall consist of the following: Furnishing and installing 24" water line from 75th and Frankford to 73rd and Genoa The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accor- dance 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 contemplated by said',contract documents. ' 3. PLANS FOR:USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a''reasonable opportunity to examine the documents and prepare a bid without''charge 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 50calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of .his own choosing, provided however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted and it is determined by the City that the progress of the work isnot in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary'ito insure completion of the project within the time specified. S. PAYMENT' All payments due to Contractor shall be made in accordance with.the { provisions of the General Conditions of the contract documents. a 4- 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 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 o completion to Contractor. Tl -;e City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. A (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 documentsinsuch 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 lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at. Contractor's expense. 13.- BARRICADES AND SAFETYMEASURES The Contractor shall, at his own expense,•furnish 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 immediately removed.and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do 'so is obtained by the Contractor from the City. In all cases where written -permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, : firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use e:.plosives, 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 cperations. 15. CONTRACTOR'S REP RE-SENTATIVE The successful b idC:er 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. lb. 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 s::bcontracted. 17. LABOR AND WORKING -OURS Attention of each -idder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate wh'ic:- must be paid on this project shall not be less than specified in the s_hedule of general prevailing rates of per diem wages as abovementioned. The bidders' attention is further directed to the requirements of -'-.r:icle 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 De_ diem wages.in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following con- ditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's 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 time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF.EMPLOYEES AND FILING OF PAYROLLS The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's representative, or Engineer, a certified, sworn, legible copy of such 'payroll. This shall contain the name of each employee, his 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 documdnts. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf -this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day,"or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 20. PREPARATION OR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All' blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, associa- tion, or partnership, the name and address of each member must be given and the 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 manner: (a) Bidder's name. (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. i (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 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 personpers ns co -partnership or corporation, to -win 4NLe 06 Al s t- PQ, , who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to SamuelW. Wahl Director of dater 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 five 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. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted;" "Designated," "Required," "Considered Necessary," '.'Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, 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, C 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 must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due�Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer -of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. S. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Con- tractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recog- nized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. go SUBSTANTIALLY COMPLETED The term "Substantially Completed" is contemplated by the contract documents has occupancy or the facility is in a condition still may require minor miscellaneous work 10. LAYOUT OF WORK meant that the structure or project been made suitable for use or to serve its intended purpose, but and adjustment. Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a.manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in'accordance with the Plans and Specifications. r-- 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 be responsible 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 to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Rep.resentativ'e at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY . Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the. constructionthereof, and shall,•in all cases-, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's 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, 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. 17. CONTRACTOR'S UNDERSTANDING 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 contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, 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 this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of aby materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at -such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points at shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide.proper facilities and access for such observation and testing at any location wherever work is in preparation or progress.. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the con- 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 :hat any part of the work is being fabricated or manu- factured at a location where it is not convenient for Owner or Owner's Representa- tive go make observatic_s of such work or require testing of said work, then in such event Owner or-Jwner'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. All such tests will be in accordance G:th 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 _ocuments. If any work which is required to be inspected, tested, or approved, is covered up without writer 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 observati:n 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 suc'-- tests or approval but does not meet the requirements of the contract documen_s shall be considered defective. Such defective work shall be corrected at t' --e Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspec- tions, tests, or approv_ls 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 =_ A=DIES It is further agreed that if the work or any part thereof, or any material brought on the site of :he 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's Representative, forthwith remove such u-terial and rebuild or otherwise remedy such work so that it shall be in ful_ accordance with this contract. It is further agreed that any remedial actio= contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERk:IC'_dS The Contractor f ur:he r agrees that the Owner may make such changes and alterations as the Ow -ie: ray see fit, in the line, grade, form, dimensions, plans or materials for :he work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they -shall not constitute the basis for a claim for damages, or antici- pated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the -specifications, such increase shall be paid according to the -quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses in- curred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Repre sentative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. . It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative, subject, however, to the right of the Contractor to require written confirmation -of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor, for performing said extra work shall be determined by one or 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 agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, time- keepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with"all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, :Maintenance Bonds, Public Lia- bility and Property Damage and Wo-rkmen's Compensation and all other insurances as may be required by law or ordinances or directed by.the Owner or Owner's Representative, or by them agreed to. Ouner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, -these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equip- ment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen per cent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence, and field office expense, and all other elements -of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by the Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work, or as to the payment therefor, and the Owner's.Repre- sentative insists upon its performance, the Contractor shall proceed .with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve.the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in'the proposal, the specifications, plans and other contract docu- ments, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in 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, he should 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 no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are -found to be inadequate to secure the quality ofworkwith 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. 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. 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 comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs, and will be required to pay any judgment with costs which• may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the 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 Texas 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) 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. (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 additional insurance and the' amount of such policy shall be as follows: $ 500,000 for bodily injuries, including accidental death, to any one person, but limited to $ 500.000 per occurence, and $ 100,000 for property -damage. The Contractor shall obtain a Contractor's Protective (Contingent) Liability Insurance policy and the amount of said policy shall be as .follows : In an amount not less than $ 100,000 for bodily injuries in- cluding accidental death, to any one person, but not less than. $ 300,000 per occurence and in the amount of not less than $ 100,0001 per 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 $ 300,000 per occurence, and in the amount of not less than 100,000 for property damage. (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 require- ments, signed by an authorized representative of the insurance com- pany 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 shown in the policy stating when, not less than ten (10) days thereafter, cancellation of such policy shall be effective, pith a copy to the Owner of said letter of intent. 29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPD1ENT AND SUPPLIES The Contractor agrees that he will indemnify and save the a -mer 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 tariod for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indeb_edness 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 any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Dwner 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 infringe=ent, 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 o' --serve and comply with all federal, state and local laws, ordinances and reg;:lations, which in any manner effect the contract or the work, and shall inde-nify"and save harmless the Owner against any claims arising from the viol;..ion of any such lavas, :ordinances, and regulations, whether by the Contractor or his employees. 1 --.the Con- tractor observes that the plans and specifications are at variance therewith, he shal'1 promptly notify the Owner's Representative in writing and any neces- sary changes �,s Dr.ovided in the contract for changes in the work. If the Contractor perior:,.: 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 =_rising therefrom. The Owner is•a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects =' for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 32. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 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 - Cf aced in this contract shall be commenced on a date to be specified in the hctice 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 Two Hundred Fifty Dollars Dollars ($ 250.00 ), not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for 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= wailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the.Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and owner that time is of the essence of this contract. 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 prose:ution 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 avoide_ 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 w:rk, 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 su*mitted his proposal in full recog- nition of the time required for the completion of this project, taking into consideration the average climatic range End 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 :his contract, except when his work has been delayed by an act or neglect of :he 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 Contrac_or may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for su:h an extension as requested by Contractor. The Owner's Representative w_thin 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 :onsideration. Should the Contractor disagree with the action of City Council. -:i granting an extension of time, such disagreement shall be settled by arbitrationashereinafter provided. 36. HINDRANCE AND DELAYS In executing the contract agreement, :he Contractor agrees that in under- taking to complete the work within the ti -e herein fixed, he has taken into consideration'and made allowances for all hindrances and delays incident to such work, whether growing out of delays fn 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 ?art of the work embraced in this contract except where the work is stopped 'Dy order of the Owner or Owner's Representative for the Owner's convenience in which event such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 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 all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 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 Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 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 to 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, 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 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 ti=ely filed as provided in this contract. 41. PARTIAL PAYMENTS On or before the tenth day of each =onth, 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 cot:pletely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5 % shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this 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 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 the work has been completed or substantially completed, the Owner's Representative an--' the Owner shall inspect the work and within said time, if the work be found tc be completed or substantially com- pleted in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor :-.is 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 me-7surement 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 or before the 31st dad- after the date of certificate of completion, the balance due Contractor u -der the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall be::ime t3ue 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 fulfili-ent of any warranty which may be LB 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 remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Con- tractor's expense. 45. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any •:amage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 46. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for material or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a. surety bond satisfactory to the Owner, which will protect the 0,,.-ner in the amount withheld, payment shall be made for amounts withheld because of them. .4 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 kith 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 '_ach party and the third chosen by the two arbiters se_ected; or if the arbiters fail to select a third within ten (10) days, he shall 'De 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 :o 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's Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters :zith any papers or information demanded in writing, the arbiters are empc::ered 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 'ny 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 U' -,DER 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 _hey deem proper for the time,. expense and trouble incident to the appeal, and if rhe appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensaticz, 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 ::rm of proceedings or award. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the 'bond shall be -notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work -any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men ,and use of machinery, i� equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such - moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such. expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are. provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under• this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this -contract, the Con- tractor or his Surety shall be credited therewith. 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 mazhinery, 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 jobsite 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 grounc that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to coyer the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall I 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, -ander the terms of this Agreement. 51. BONDS The successful bidder shall be required to, furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executes by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until. such bonds are so fur- nished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the con- tract documents and said special conditions conflict vith any of the general conditions contained in this contract, then 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 to be done, or =rom the action of the elements, or from any unforeseen circumstance and the ?rosecution of the same, or from unusual obstructions or difficulties which na be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor, with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the _erformance of the work covered hereby. The fact that the Owner or Owner's Re?resentative shall have the right to observe Contractor's work during his perormance and to carry out the other prerogatives which are expressly reserved tc and vested in the Owner or Owner's Representative hereunder, is not intended o and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premi.es free from accumulation of debris caused by the work, and at the completion o: the work he shall remove all such debris and also his tools, scaffoldin, and surplus materials, i 3 s 4 24 INCH WATER LINE 75TH STREET AND FRANKFORD AVE. TO 73RD STREET AND GENOA AVE. 22-0001-14800-840515 City of Lubbc-ck, Texas SECTION, III HATERIALS OF CONSTRUCTION 1. GENERAL The materials to be used on this project 'must meet or exceed -the standards herein specified. All materials to be used are subject ;to commercial labora- tory tests, if required, and, unless otherwise specified, such tests will be paid for by the City. .'A certificate from the manufacturer may be required for minor items certifying that the material or equipment meets the standards herein specified. All: materials shall be subject to, approval by the Engineer, before being ,used. Any materials found to be defective t.. -ill be rejected by the Engineer ;and the�Contractor shall remove and replace.such'defective material at his expense 2. PIPE A. General The pipe to be furnished shall be designed for internal pressures as indicated in the proposal and 'shall not fail under ei.ternal loads equivalent to the H2O -S16 Highway Department loading when the,ppe is laid with four feet of cover in flat bottom trench ,'ith the bac Mill tamped to ,spring Eine. The inside diameter of all pipe shall be at,least the diameter given in the proposal unless otherwise specified herein. B. Ductile Iron Ductile iron pipe to be furnished for this pr-oj,ect shall conform to one of the following standard specifications: ANSI/AVVA C150/A21.50-81 ANSIJAWW'A C104/A21.4-80 ANSI,/AMWA'. C151/A21.51-81 Iron pipe furnished shall meet' requirements. of,''La�•iZg Condition A" (flat bottom, trench, untamped backfill) for sized t rcugh 24 inches and "Laying -Condition B" (flat bottom trench, tamped backfin) ,for larger sizes: All iron pipe shall be cement lined in accordance with AWIJA C104-80` (A.'5.A. A21.4) specifications. The external surface, shall be coated with an asphalt base paint. All joints for iron -pipe 'shall be of the rubber' gasket bell and spigot type, except where connecting to flanged fittings, and shall otherwise con fora to the base specifications to which the pi_e is'manuactured. The joint shall be tne,latest,approved tlpe of rubber gasket joint for cast iron pipe. All joints of iron' pipe and fiitings ,shall be' sealed with a continuous ring rubber' gasket meeting standards' specified' by Ai,,MA C111-64 (A.S.A. A21.11) or.iits latest revision. III -i C. Asbestos -Cement Pipe Asbestos -cement pipe shall be manufactured in accordance with Federal Specifications SS -P-351 or AV'INIA C400-80 for design conditions given in these specifications and on the plans. The.join: shall be the latest approved rubber gasket type joint for asbestos -cement pipe, fittings shall be as specified for cast iron. D. Pretensioned Concrete Cylinder Pipe Pretensioned Concrete'Cylinder pipe shall be manufactured in accordance with the latest revision of Federal Specificatio-.s SS -P -381A for preten- sioned Concrete Cylinder Pipe or AWA C 303-78 or -its latest revision. The joints of pretensioned concrete cylinder pipe and fittings shall be sealed with a continuous ring rubber gasket -:Feting standards specified in C303-78. A portland ce:rent mortar shall be used to fill t=.e annular space both Inside and outside of joints in the pretensicned ccncrete cylinder pipe. Portland cement _used in the nortar shall. corife_- :c "Standard Specifica- ticns and Tests for Portland Cement". A.S.T.•i. corral designar_ons C150 and Cil. Sand for the mortar Shall conform to .4-S.7.".. c sicr,tiOn C33 -52T fOT fine a_gretate. The exterior joints on prete-:si:ned concrete cylinder pipe shall be poured with a heavy Duty diaper as furnished by BAR -Mac Manufacturing Company or approved equal. The ,icth of the diaper shall be nine (9) inches. The band shall be provided kit' 3/8 inch x 0.20 steel straps on each side. 3. VALVES A. Butterfly Valves _ Butterfly valves shall conform to AVMA Specificarions C504-70 for Class 150-B. Valve bodies shall be cast iron short body pattern. The butter- f1v valves are for vault installation and shall =e equipped with a hand c:heel, a 2 -inch, operating nut, and position i...._cator: The vales shall be manually operated with encic.=ed wom gear or :raveling nut operation and shall be designed to operate at maximum torc•_e ,.:ith a maximum pull of 80 mounds. The valve shall open by turning to t_ -.e left (counterclocWise). The design water pressure differential shall be '.50 psi upstream and 0 psi downstream. All valves shall be equipped with a positi,:e adjustable mechanical stop - limiting device to prevent over -travel of the :=a'_ve disc in both open and closed positions. Valves installed in vaults shall be painted wit'-. ea%ri -duty machinery paint with color and type to be approved by Engi-:eer. B Gate Valves All gate valves 12" and smaller shall be double -isc, parallel seat, iron body, bronze nounted throughout. In-line valves 12" and smaller may be either flanged or mechanical joint (but no com.*;;_ ration flange and mechani- cal joint). All valves on side outlets shall be combination flange and mechanical joint or flange end -latest rubber za_=::et. The valves shall have nonrising ste;is,•shall open by turning tc and shall be furnished 111-2 a 11 with a 2" operation nut. Valves shall be designed to withstand a working pressure of 150 psi and shall comply in all respects to AW14A standards. Valves shall be dueller, M & H, Darling or Iowa. All parts for valves furnished must be standard and completely interchange- able with hub end valves of the sa_^:.e brand. The successful bidder may 'oe required to furnish the owner with a letter stating what type of valve he proposes to use and a letter from the manufacturer stating the parts are standard and interchangeable as herein specified. 4. CAST IRON FITTINGS All cast iron fittings shall be Tznufactured to AWA -C110-64 (or latest revision thereof), supplied with mec; nical joints unless otherwise specified. flanged fittings, whe- r_atired, shall be 125 pound Anerican standard. All fittings shall nec ,.lith coal tar or cement grout & exterior shall be coated witio , asphaltic paint. 5 .R- EYDRkN TS =ire hydrants shall --e standard iron body, bronze mo-unt-cd throughout and shall be designed for E ,orking pressure of 150 pounds per square inch. The hydrants shall :'.ave a 5 1/4 inch valve opening tt:-o 2 1/2 inch hose nozzles and one stea-mer nozzle, with 4 threads per inch and a crest to crest dimgn cf 4.995 inches. The hydrants shall h,e for 6 inch mains and shall'(-��L✓a :i.h,i. connection, and shall be for a 4 1/2 foot bury unless otheY wise sc:jn on plans. The hydrants shall be Muller, Pi & H, Iowa or Darling, traffic model or approved equal. Operating nuts shall be 1 1/2 inch pentagons measured flat to point. 6. CODLING The coupling shall be bolted high strength steel rubber gasket seal Dresser Style 38 or approved equal. 7. Z' LVE BOXES, AND CVER — All valves boxes for butterfly valves shall be pre -cast concrete ;:manholes manufactured to AST: C-478 and as she -.m on plans. Precast manholes shall have butt joint bottcm with Longue and groove joints on upper section and a miniium inside dianeter of six feet. Joints shall be filled with port - land cement or asphaltic compound for.�:ater tightness. Valve box cover shall be pre -cast flat slab manufactured to ASTM C-478 with manhole cover opening centered over operating nut er. valve. The slab shall have tongue and groove joint for connection to manhole. .lanhole frames and covers shall be of good quality gray iron casting of a pattern similar to that shown or the plans and with a clear opening of not less than 22 inches. The fra,e and cover shall be designed wit.. a full bearing ring so as to provide a continuous seat between frame and cover. The cover shall be furnished with lifting ring cast into the cover in such manner as to prevent leaking through. III -3 Valve boxes shall be of cast iron. The boxes shall be designed to fit over a section of 6" claytile pipe which will be used as an extension from the top of the valve. The box shall have a heavy cast iron cover Narked "Eater". The box shall haze a flange type base approximately 4" larger in diameter than the outside diameter of the barrel of the box. 8. GRAVEL FOR EMBEDMENT Gravel for embedment shall consist of processed natural gravel. The particles shall have irregular surfaces. The material shall be graded within the: following limits. Maximum Retained Percent No. 4 sieve 5-15 No. 10 sieve 50-90 No. 40 sieve 75-90 Ti 'e material shall be sufficiently free from cIF_y, d::st, blow sand, caliche Cr Slag w..,C ,ja . 7 Cause Shrinkage after jetty a cnd drv- n_ �• �,l,.:C :.TE Concrete to be used in constructing valve charbers, concrete cradling, concrete blocking for fittings, etc., shall be made with portland cement which conforms to "Standard Specifications and Tests for Portland Cement", A.S.T.M. Serial -Designation C150-41 and C77-40. Concrete aggregates shall consist of natural washed and screened sand, and washed and screened gravel or clean crushed stone conforming to "Standard Specifications for Concrete Aggregate", A.S.T.M. Serial Designation C-33-63. The aggregates shall be well graded from coarse to fine and shall be free from injurious amounts of clay, soft or flaky materials, loam er organic impurities. All aggregates shall be approved by the Engineer before use. Water used in mixing concrete shall be clear, clean, free from oil, acid or organic matter and free from injurious amounts of alkali, salts or other chemicals. The concrete -nix shall be based or. the %.:ater-ce-.ent ratio, and shall be as follows for the different gasses of concrete. All concrete (Class A) for manholes, valve chamber and other reinforced concrete structures shall contain not more than 7.0 gallons of water per sack of cement. All concrete (Class B) for pipe cradling, blocking of fittings, and other non -reinforced concrete shall contain not more than 9 gallons of water per sack of cement. Surface moisture or :7:oisture carried by the aggregates - shall be included as part of the mixing water. Class A concrete shall have a minimum 28 day compressive strength of 3000 psi and Class B shall have 2500 psi compressive strength at 28 days. The proportioning of the constituents of the concrete shall be such as to produce a dense, and workable mixture, and t`e designed mix shall be approved by the Engineer before anv concrete is placed. SECTION IV DETAILS Or CONST=UCTION 1.GENERAL These general and detailed, specifications govern the excavatio--, .trenching backfilling, ha_:.ling and-�stallation of various kiics of pipe, construction of !: nholes, icstalling fittings, waives and other work required for the coust.ucticn of this distributicn sir. and all accessories as sh::.-,n on the :fans and as called -Fo hwre-^ The Contractor shall fu_::=sh all mat_r _a_, ecuipme: , labor and superintendence necessary to ccmplet_ the construction of all t o worn as shown on the plan= a-_6 as ca__ec: =cr = t• -AE --e specs izations. -. EXCAV.A710N AND TRENCH! r The trench shall be excavated to t.ne line and grace as establi5�_ed Dv th eLn fn. eer. The depth of cover -cr t.^.e d .strfl tio^. uains s:iali in general be 48 inches. :he amount c_ cover may, vary over or under . 48. inches as shown on the plans or a_ clrectea by the Engineer, but in no case shall the cove_ be less _P_ 42 inches. In order to obtain a true, even grade, the trench shall be fine -graded. The material for fine gre_ing shall 'te free of rocks, roots, grass or any other debris. The de:th.of the fine grading material shall net exceed three (3).inches. Where the trench is excavated, in exzess of three (3) inches below gr_3e, the materia'_ shall be compacted, to 95% Proctor 'Density or shall e replaced »*tet: bedding material as--Pec--"ed in Section III. If rock: :r other un-ielding material shall be removed to a depth oI three (3) -rhes be! ---v grace and replaced with the bed - din` material to grace. !ie grade 5'._-_ _e sjch t:hat the v --::e .rest f-.*r-:ly on the botter of the tr_n_-h, :hroug^.out the entire lenge of t_ae pipe cylinder. ?.11 pipe, 16 inches and __--ger ir. d.L:^etcr sna ± l be e::becded w�... granular Materials as Spe_-f ied in . _-agrapn F Section 11I . .-I ; ex- cavated material shall be removed rr: . t..c trench before plat: o the embedment material. The minimum width of the trench shall "--e the outside dia-eter of the pipe plus twelve (12) i -cies and the -.a::_ -u^ ,,idth shall be t: -ie cut - side diameter of the pip= plus eig ,tse- ("�8) nc * The treat:: be cut se that the ma,:.. hcrizc-ta_ ct_set c_ t;.e trench 1:a___ _rc-: the bottom to the top o; _he trench _n._rcutt,i7shah be __..-;c) inches. Bell holes of ample dimensions shall at each joint to permit the proper jointing of the pipe anc t: re mit the bottom of the Dive to -rest firmly on the bottom of the trer_c:, throughout the entire length of the pipe cylinder. Trench digging. machinery may be used to make the trench excavation except in places where its operation would cause damage to trees, buildings, telegraph lines or other existing structures either above or below ground; in -such instances hand methods shall be emploved to excavate the trench at no additional cost to the owner. Where necessary, the trench shall be adequately braced and shored. The unit price bid per linear foot of pipe shall include the cost of furnishing, installing and removing the bracing and shoring. The Contractor shall take all necessary precautions for protecting paved areas from being danaged by the trenching and backf ill'ng equipment. ?ny damage Cone to the pavenent, outside the area as set forth in these specifications, as a result of the construction work shall be repaired by the Contractor at !7'_s Com' expense. . l excavated --aterial Shall be placed fn a Wanner to at »'il'l not, en— canger the work or damage st.u'c=ureS. _here be no c_.assification of the excavated matEr_a_s an.. the term excavation shall include all materials e: ccu ze= ed ill excavat'_" g. the trench. i PIPE INSTALLATION A. General All pipe and accessories shall be handled, laid, jointed, tested for defects and leakage and chlorinated in the manner herein specified. B. Inspection The pipe, fittings, valves and accesscries shall be inspected ::pen delivery and d:.ri^.g t: e -^rog-ess o: :,e :or... Liv na�C:1G_ found to be defective will be re ected b: the Ln:.-lneer and the. Contractor shall re_.ove and replace such defective material. C.- Resaonsibility for Xaterials The Contractor shall be responsible for all material furnished by hire and he shall replace at his ow -n expense all such material that is found to be iefective manufacture or has become damaged in handling after delivery. D. Handling Pipe and Lccessor es 1 pipe, fittings, valves and otner acc.esscries shall, un -less otherwise directed, be unloaCEd at -e "':=t Of deliver', hauied to and distributed at the site Of the Work b; Ithe Contractor. loading and unloacind the. shell be 3 i_`zed hoists or slit or rolled on skidways in� such a manner as to avoid shock or da^age to the materials. Under no circumstances shall they be dropped. Pipe ^:andled on skids shall not he s;idded or rolled against pipe already c-^ the ground. In distributing the material at the site of the work, eac*- piece shall be unloaded opposite or near the place where it is to be laid in the trench. Coated and wrapped pipe shall be handled in such manner that a minimum amount of damage to -the coating will result. Damaged coating shall be repaired in a manner satisfactory to the Engineer. Pipe shall be placed on the site of the work parallel with the trench alignment and pipe with bell ends shall be .placed with the bell ends facing in the direction in which the work -will proceed. The pipe, fittings and accessories shall be placed along the site in such a manner as to be :.opt as free as pos- sible from dirt, sand, mud and etherfcre�g.,;,atter, �. -LD eying ('=) � ign=ent and Crade .-.-_ pipe Shall be laic to the al-^- - as eszabl-Ls'nied on . the ground b,- the Engineer. i here gra; e 15 ber.� i o n- ta'4_ned, as show, on the plans. tic cc.racZOr Wav use batter boards or laser equip=ent to tine grade the treflCh. i,')e Engineer must approve whatever method is chosen before it can be utilized. Whenever it is necessary to deflect pipe from a strai€nt line either in a vertical or horizontal plane to avoid obstructions, to plumb valves and hydrants or where verti- cal or horizontal curves are shown or per-mitted, the degree of deflection at each joint shall not exceed the maxi, deflection recomnnended by the manufacturer of the particular kind of pipe being laid and tine degree of deflection shall be approved by the En i neer . Field cuts on concrete pipe s=ail be - "aCE a" a:i JOS-.ts where, in the opinion cf t'r.e g_n - _ P En eer, 's recessE._, to preserve align4ent or proper StatiO.,znc for field connect --ons. Proper care shall be taker, to preserve the interior and exterior 1 rings. :after the spiral ;,indine has been exposed, the winding shall be tack weldea b2lore being cut. In cutting the spiral W4nding suf=icien.t Length shall be allowed to per -it a later winding oft a� least c-ne-:half turn on the bell or spigot ring. 1-:nere steel cylinder pipe is cut, the work shall be done in such wax, as .to alio;: a snug fit with the bell or s^igot ring. A continuous weld shall be run on both the inside and t.ne outside Cr t -e r1^t' •e I end of the spir- S.^.all „rar:,2d around the ring and its end Shall be welded t0 the rine, b'ti running a' -veld along each side of the rod for a distance of at least six. inches. The entire cutting operation shall be dere under the of a retire- sentative of the pipe manufacturer. whenever the deflection in a joint exceeds the>:::um deflection recommended by the manufacturer, the Zn€_neer =ay require that the joint be welded. Joints on pipe installed in encasement pipe shall be tack welded or cold- pletely around the joint as reconmended by manufacturer. (2) :Saner of Handling Pipe and Accessories into Tench After the trench grade has-been completed, all bell hcles dug and the grade inspected, the pipes and accessories may be placed in the trench. .4.11 pipe, fittings and valves shall be carefully lowered into the trench piece by piece Dy means of derricks, ropes, c_ other suitable tock c: equipment, in such a manner as to prevE-t damage to the =zter al in an; way. Under no c__ cumstar:ce sha'-- or accessories be dropped or dumped into the =ench. (3) Cleaninz and 1:s?ecting :e:..-E-owerng =n:,- "'e t' -,E . _pe s.:a_1 ti'e agai_. _. _CcCCEC -or defects and, cas: 'rcn pa -pe .:.__E sus -)ended shall c lightly ha=eyed to detech cracks. r''r. GefectivE, eacGge.^. or unsound pipe or other _nciCental mare-lals snail be rejected. A11 foreign matter or dirt shell be removed .from the __side of the pipe, bells, spigots or, parts of the pipe used in foxing the joint before the pipe is lowered into the trench; and it shall be kept clean by approved means during a�nc after laying. The open end of the pipe in the trench spall be plugged when pipe is not being laid. (4) Laying and Jointing Concrete Pressure ?_oe .. .. st. bEtVrE �.a l; _.'`�' ..-;E O1'_, �-:E �aSi:Et a';C t�.e _:a :.•.� ' surace of t�:e beshall be lubrcatec tilm of sc_ L'EgEtable soap co%:pcunC (flax soap) tC faC=1_tatE tEle- scCping the jcint. _hE rubber gasket s. -all be stretches uniform. v as it is placed in the sD_vot groove to a uniform volu::,e of rubber around the c_rcum_erence of the groove. `etal spacers of proper thickness scall be held on t: -:e inside shoulder of the bell to provide the froDer space between abuts r:t ends of 2- inch and larger ^ipe. T=.e joint shall be telescoped by pulling directly along the center line of the ^ipe so that the S-' Enters s'cua=el: into the bell. :__ter :he wigs: bas been telescoped _-to the bel_, the bel! eniC of the 74Ape being laid shall Jc -roved in accordance ith the alnns to seci:re proper ;_«e and alig=nent. After the joint ;s in Di ace, a thin eta_ reeler shall be used to check the position of the rubber basket around r? o rirrrnmfPrPnrc of t'nP inint- -4 -4 After the spigot has been telescoped into the bell, the joint checked and found satisfactory, a burlap u tipper shall be placed around the pipe covering the joint. The burlap-t;?e wrapper shall be hemmed at each edge to allow threading with a steel strap to securely faster. the k_a?pe_ around the pipe by means of a strecther and seder_ The length shall be that .required to encircle the pipe-, leaving enough space between the ends at the top to allow the cer.ent mortar to be poured. The entire joi t shall be poured ce^ent nortar and rodded or agitated to eliminate Voids a=d settlement. Prior to pouring the cEmenz mortar, the joint sl -all be thoroughly cleaned an:: Sa atcC »': t_^. Clean The mortar shall be poured .:he- the i?e laying ape jei.lt_._ -as ac'.'a^_ced at least . rr ee _ --rats a.^eaC and -as bee- ;.•art:.: ' lc Daci:f_l_eG to prevent =Cve=ent or. t.._ ,ire GL-__ subsecuezt .^,ack---- nc- JC: t S':C+"= Cr E}:CESS=:E c ac V- _ s n a 1- be `1 ea n e d a7.cr E=aL .... .:ems �+eather, measure may be req' gyred to Octal.. ZhE beSt c�a1i of joi_. SL1C V GS GC__�Oi1G- we: Du: -G or i.=. edia e CarEtU_ a G .:c-1-:.0'trC_-eC LcCk" filling of the joint with damp earl*-.. knere size permits, the inside joint recess shall be tilled from the inside with mortar and finished &ff smooth :lith the inside of the pipe by hand troweling atter the pipe has bee_ backfilled. The i -:side joint recess on pipe s—!-'le"- in mallerin diameter shall be filled by butte --ring the bell end with mortar i=ediately prior to placing the pipe together. After the joint is engaged the interior o the smaller diameter - pipe shall be swabbed to smooth and clean the joints. ti=es -,hen pipe la: ^,c is not ^vrCCresS, _-e c -e^_ encs of p_pe shall be closed by approved _cans, and no trenc -,.7ater Shall be pe^ fitted to enter pipe. (5` Layin? ane Jointing Cast Iron Pipe The gasket seat in the Llai- end of the pipe ter placing a length • end of the pi?e should the soc:et so that Sufficient force then so the plait, end --on:ac t e hose .....t never tc _„':S. socket, the rubber gasket and the to be laid sho-uld be v --fed clean. or -ipe in :he --rent. the Plain be then al zned and started into _S in ccntac : tne=asi:et. must be exerted on :hE- E peri pipe :.S MOVEC past _-E •^_ras-:e: and- o- d— Si2e�e$ o= the soci-a-t. -;a of-, ''a' DE exceed 4 . BA.Ckr ILLING A. PiDe Embedment Where required, pipe shall be embedded in sand and/or gravel of quality shown in Section III, and to a consolidated depth of 3" above the midpoint of the pipe. The material shall be placed around the pipe evenly and thoroughly saturated with water by the use of water jets. While still saturated the material shall be vibrated with a large fleaiable shaft vibrator equina"-ent to Viber Model E 122 with a 3/4 H.P.- electric motor prod--,c-"-.z 9500 v.p.m. through a 12 foot shaft and 2-1/2 inch by 10 inch vibrating head. The vibrator head shall penetrate the full depth c the embedding material vertically on two feet centers on Each side of the pipe. The vibrator shall remain in the e-abedc -g mater- ial until it is thorousi-,1v compacted. B. General The Entire D:OCESS Of backfillinz and c-can-ing- -o she -1 r. .cc=. - p" eted within seven da -,-s of ter the pa:•e has. been _aic . Nne- gravel e:..- cddin. is no rE llirEC, all trE^. _`;c�S a':d bE_l -c-1--s for all t: pes of ,lpe, ,'aloes and __:z n rearC1ES5 o: the ��Ca iOn, shall be ucCkfliled to a pout LL,'c_�'e (12)" in::les above the top of the pine 4:it.^_ selected Dac'c:mill ,,.aterial free from rocks, boulders or other undesirable material. The re- mai^der of the backfill which is twelve (12) inches hither than the top of the pipe at all locations shall be backfilled with loose excavation material and compacted by forcing vater into the backfill at the level of the'top of pipe until the water level rises to within eighteen inches of the natural ground surface. The water shall be forced into the bac :fill at loza- tions not more than ten feet apart. As the construction .-o7k progresses, the Contractor will be required to keep Z:" -Le Jett -:g Of the Ga kf..1 and. C ea—u`, as close behind the pipe laying and backfilling as possible. C. Maintenance of Backfill ed Trench After the trench has been backfilled in the above method, the right-of-way shall be cleared"of all rocks larger than one an. one-half (1 1/2) inches in diameter and leveled so that the sur- face u -ill have the same slope and appearance as it possessed before the Contractor began work. F-11 surplus material s. -all be loaded and wasted at the Contractors expense, at a locatiCn approved by the Engineer. IV -6 I C The above shall include all excavated materials and all rocks or hard lumps which still remain after blading the area back to the original ground grade. Furrows which tend to gather along fence lines, property lines, pole lines and meters after blading shall be removed, together with excavated material Which has drifted or otherwise covered private property. Following the completion of the backfilling the Contractor shall maintain the street and trench surfaces in a satisfactory manner until final completion and acceptance of the work. The maintenance shall include blading from time to time as necessary, filling depressions caused by settlement, sprinkling, brooming, or flushing, and other work requires to keep the streets anc roads in a satisfactory condit'_c:.. The Contractor shall maintain the pa`:in€ cut until the cut is ready for repair as determined ,..._=nIc, ineP_r. i;nenever tile pav:Lng Cut is accepted for repaf _ _Or t0 --1a1 L`'s Clea the Ccntractc_ shall still be til the =_nal ' v=� C_eP_n up- 5. p.f. r_'�D OVERU ;4.D UTILITIES --UC U -,E The approximate location of all kn0»'n water mains, gas tains, stor= sewers, and sanitary sewers are sho»n on the plans. however, the consumer service lines.from these utilities are not known. The Contractor will be required to locate all utility lines, inclueing consumer service lines, far enough in advance of the trenching to make proper provisions for protecti:<g the lines and to allow for any deviations that may be required from the established lines and grades. The Contractor will not be allowed to disrupt the service on any util- ity lines except consumer service if -es. which Lay be taken out of se: -vice for s::crt period cf time rc._:ec the Ccr.tractcr ebta_ns Dar=fission frcn the Engineer and 'rcn hz cv:er of tie premises be,fc '•o served by the utility. The Contractor -shall immediately not'lfy the proper utility company of any damage to utility lines in crder that service may be establishes with the least possible delay. Any da=z ge to existing lines and the repair of Consumer lines which are authorized to be cut or temporarily taken out of service shall be repaired or replaced by the Contractor at his cum expense, and as directed y an official rEpl'esentatiVe Of the utility company involved. All utility. lines shall be properly supported to prevent settlement or damage to the line both during a' -_A after construct_on. The cost of supporting utility lines shall be __.eluded in the unit price bid per foot of pipe. IV- 7 Any permanent relocation of existing utility lines shall be done by the proper utility company without expense to the Contractor. Where pipes, conduits, or concrete curbs or gutters are encountered, the cost of tunnelling shall be included as a part of th, cost of the pipe line. 6 '_ F?_r oyLNG PAVEMENT A. General Wherever it is necessary to make cuts in existing pavements, sidewalks, driveways, or curbs and gutters, the cuts s.all be made in such manner as to cause the least possible damage tc adjoining surfaces. 3. Removal of Asohalt Pavin %n removing asphalt pave,:ent, t' -Ie as" ti surface s: -S__ *DE C; . along each side of t-Ine trench, a-.Ead o: the trench -ng ME:. fne a- :C the surfacing and base removed ,.7-.th the trenching jachfnE as t:iE trench is excavated. The width of surface re -moved b'_� t:':e Con- tractor is not to exceed the c%::s_de diameter of the pi -:)e il,:s thirty-six (36") inches. Any areas removed or damaged in, excess Of the above widths u -ill be charged against the Contractor's estimate at the rate of $5.00 per square yard as pa} -rent to the City for replacing the excessive width. No separate pa%­ment will- be illbe made for cutting and removing asphalt paving and caliche base, the cost of this work shall be included as a part of the Cast of the pipe line complete in place.' C. Removal of Concrete Paving Removal of any sidewalks, concrete pavement, concrete bade, concrete curbs and guttars (w": �. CONCRETE FOR CRADLING AND ELOCKING Concrete used for cradling or blocking shall conform to concrete specifications as set forth in Section III, Paragraph �.t locations ` shown on the plans or as directed by the Engineer, the Contractor will be required to cradle the pipe or block the fittings. Concrete for blocking and cradling will not be a separate bid iterL.zt shall be considered subsidiary to the various items where it is necessary. Before placing the concrete, all loose earth shall -be rerov_c froW the trench. The concrete shall be placed in the trench by the use c_ chutes extending to within three feet of the bottor or the trench. an shall be deposited unifo�.ly on each side of the -pipe in st-h a man-` ner as not to. disturb the grade and alignment c: �he -sere. ~The cc^- c_ete shall be of such cons- y t it wi 1 ;lc-.; �- _ O+ :.0 ti:G` 1 the aggregates. ThE c, as .._re^ted by the_ngineE", bet-.een baClLin£ Shall be place s0_i6 ground and the fitti is tc Je anc �orEc. _. _ on t - area cc _eerier€ the pipe and on the grocnd s`.___ ce th t rev_ _ - --'c tY the The bac'rirs shall be placed so t:•.e pipe and be accessible fer repair.. The sof! Jearinc value t ., _ s^ 11 0 ue cr thr- : backing ..a be as reco^,.vended by the r_Pe .=..anufac:ure: and, in the absence of such reco=—jendatiOn, the allOWEble bearing value shall not exceed 3000 pounds per square foot. R $. I'MI ROSTATIC TESTS A. Pressure During Test After the pipe has been laid the line shall 1 be subjected to a hydrostatic pressure test and a leakage test. The lines shall be tested at 100 p.s. '­raticn of Pressure :est The duration of .each pressure test shall be as directed by the Engineer but shall not exceed fear (4) hours. C. Procedure Each valve section of pipe shal'L be 'slowly filled with va.ter at the specified test pressure reasured at the point of 'lowest elevation.. Pressure shall be applied and mai^talned by reans of a pump connected to the ::-.[:e in a setisfacterl manner.' The Pump,, Pipe connection and all necessary ar)para tL)s except :.,eters shall be furnished by the Co=ractor, and the Contractor shall furnis7 211 necessary labor ccnnectingthe pu :p, r:eter and gauges. The water for fi_l--. and making tests cn these ,;,ains may be obtained frc.;, ex-fsting fire hydrants. No charge will be made for water used_s for �= rpcse. As the line is being filled and before applying the test pressure all air shall be expelled from the pipe. To accomplish this, taps shall be made, if necessary, at points of highest elevation. After the test the taps shall be tightly plugged. During the time the test pressure is on the pipe, the line shall be carefully checked at regular intervals for breaks or leaks. Any joints showing appreciable leaks shall be repaired and any cracked of defective pipes or fittings shall be removed and replaced with sound materials in the manner provided and the test shall be repeated until satisfactoryresults are obtained. D. Leakage Test ter ail defects have been sat_sfactc_ily reaaired and all Visible leaks stoped a leakage test ='-:all be made On ecc:: va:ved sect -on of t lines to Cete__,_':e _.he quan ilt',: of water lcst by _eakage. -c Coatractc_ s -a1_ .ura=sn a._ =aterials and equi.Tzent (exce t =aterc icr =ak:. the test The leakage shall be deter -_..ed b;-easur_ng quanty cf water sl::,rlieC .O each %,a _%7 E6 seC_10n Or :he line, during the test per_od, when, the varic'us sections of the line are under pressure. No pipe installation »_'11 be accepted until or unless the leakage as deter-,.ined be above test is less than the amounts set forth below. Leakage in U.S. Gallons per 24 hours per 1000 feet of piae per inch of diamter for pipe lengths and pressures stipulated. Pressures ?ipe Lengths in Feet. Lbs. ver Sau. In. 12 13 16 1S 20 32 100 15.5 1L.5 .6 10.3 9.7 5.8 If individual sections show lea': ge greater than the lits specif i ed abvoe, the Contracts: s: -:a_1 at his o:.,n e:;pe:ase locate and repair the def soli• e jointsanti_ �ne leakage 1S T.'i th:ia the specif:led allowance. 9. STERILIZATION OF PIPE LINES The Contractor shall furnish all labor, ecuipnent and -material, e-%- cepC chlorine, necessary fcr the chlori?12t_O.n of the new pipe iii es which shall be sterilized before being placed in service. The lines shall be sterilized by t -e application or she clorinating agent.. I IVT _i The chlorinating agent may be a liquid ch=orine, liquid chlorine gas water mixture, or a calcium hypochlorite solution, which stall be fed into the lines through a suitable solution -feed device, or other method approved by the Engineer. The .lcr::.ating agent shall be applied at or near the point from w icy __.e line is being t --_ed, and through a corporation stop or other ap._c.ed connection inserted in the horizontal axis of the newly laid ^ipe. The water being used to fill the line shall be controlled to into the section to be sterilized very slowly, and the rate c_ a_plicat`on of the ch!cr_nating agent shall be in such proportion of -_ter _..teriTa the pipe that the chlorine dose applied to the =n=e,,. Z- the line s ;ail �e Et least 50 parts per million. The t. eat__ _er s all be.retained in the pipe lines for a period cf no: 1_s- t:.'enty-four (24) 10. TT_ . ; 5 70-?:7STIN` _ ..`ore-_.:._t:eC Z va_i'Es or dr st _: S s"oe:_-.EnE-t '-_CrE 7`at'-:2 an: tie --in. Tae Contractor shall nc: cmc- :_ ..;.CSE e_:iSLln€ vai%-es except _.. an e-:eryency. 11. nE.!.. T N G -Up After the construction is completed an: '_fere final acceptance by the Cite, the Contractor shall =emo.: all rubbish, excess materials from the excavation and other debris Jr-.= t -e site of the work and all trench surfaces shall be bladed as =:er_to_ ire specified. Paved surfaces shall be flushed or broo_ed u_.= request of the Engineer. The cost of cleanup shall be include'_ :he 't) -;d price per foot of pipe installed. CITY OF LUBBOCK SPECIFICATIONS FOR PAVING CUT Specifications for placing water; sewer, telephone, gas and oil lines or any other conduit pipe or tile under any paving wi thfq the City Limits of the City of Lubbock; : 1. All excavations within the right -:of -moray and not under a surfacing.shall be -backfilled by tamping the material in 6 -inch horizontal layers. All surplus materials shall be removed from the_.si`ght-of-way and the excavation finished flush with surroundin • nature I' ground. ' 2. Where sodding is disturbed by excavation or backfilling operations, such areas shall be replaced by Mulch sodding on a.11 slopes of 2% 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. In the event a cut Is permitted the following requirements shall govern: (a) All backfill material shbi 1 be moist and shall be free from lumps or clods. Backfill shall be compacted while moist in .6 -inch hori- zontal layers by means of a pneumatic tamper. (b) A 6-Jnch reinforced concrete slab shall be placed over the trench to extend one-half the width of the trench on each side of the • trench. The top of the slab she'll be li inches below the * top of the paving. Slab she] l be' reinforced with 6" x 6" - 10/10 wire mesh placed lf" from the bottom of the slab. Wire mesh shall ' be adequately held in place off of the ground until concrete is placed. (Hi gh earl y). Type i I I .por11and .cement, raki ng a 2500 p.s.i. concrete at 3 days. The slab shall be covered with wet soil, kept moist, and closed to traffic for 48 hours. - (e) Paving shall be 1'" compacted mat of Type "C" Hot Mix Asphaltic Concrete Pavement (Class A) Texas Highway Department spe'ci f i ca- _ :- tions (1972) Item No. 340 with crushed stone. • (d) Operations shall be performed in such a manner that all ex- cavated material and equipment be kept off the paved surface at all times. (e) Barricades, 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 sketch: Surface to be reploccd by City }•—•—= Existing Pv't. 1 w/2w i*—W/2 o� •i •�::�•j�:.`•:� ::�'��:' •;�, .~ Asphaltic Neat Cut 15Ahit e Concrete. • 6"' Conc. Bockfili Corr;=ted to 95% Stccdard . Concrete to be placed by Proctor Dens _ • � � a Contractor under City supervision. J7- 0 0 io Scale C20 Pipe iD City of Lubbock Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS: c Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Light Equipment Motor Grade Operator Roller Scraper Tractor Truck Driver - Light Heavy EXHIBIT B Hourly Rate $ 5.00 4.25 6.50 4.75 10.00 5.50 4.50 4.25 4.75 5.50 5.00 6.00 5.25 6.00 5.25 7.00 5.00 6.00 5.00 5.50 5.50 4.75 5.25 0 .w �, N 72nd } 12+(D1.5 24"-90° BEND 73rd 5.5 h 65 e BACK OF CURB - rn � Ojai - I, 3. STREET STREET 47' 60' 60' 60, 60' 60, 60* 60' 47.5 jp � U) 9 U rn o 62' EYISTI G 10"AC 1 O 5 I 6z 5' �.^ 250'��^v ExlsTiNG s" V07"19167 © ELEV. BOTTOM 10"AC APPROX. 186.0 180.46 E -W (J7 � U) �Q U o O 5 I LL -I 0 8+"73 24" 24" BF VALVE & CONCRETE VALVE BOX x in TI 8+68 24" OUTLET (TEE) 30° BEND zl -q-5,5 15-24` CLASS 150 PIPE ' zB" 24 BLIND FLANGE zso 1L - 5 a h I . 110 0; W I j I � n ti' O ~ c 547.5 WORKING EASEMENT \ 10' WATER LINE EASEMENT — 5+77.5__ -572.5" -Al - - 24' - 900 BEND 4' CLASS 150 582.5 2 !� GG /� WOkKING EASEKENT o / i - - 60ZT_ - - O U O eY + CJ O rn IV C7 _z H � x w Ifl o w_ v NI No Text