HomeMy WebLinkAboutResolution - 2083 - Contract - Panhandle Construction - Water Distribution Main, Qauker Ave - 07/11/1985JWF:da
RESOLUTION
Resolution #2083
July 11, 1985
Agenda Item #31
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 to
be entered into by and between said City (as the Owner) and Panhandle
Construction Company (as Contractor) for construction and installation for
said owner by said contractor of a 30 inch water distribution main from
Marshall Street to Itasca Street ahead of paving Quaker 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 11th day of
ATTEST:
anettL-- boyo, city Secretary
APPROVED AS TO CONTENT:
Guy Wils n, Utilities Engineer
APPROVED AS TO FORM:
LAC
J. Wor Fullingim, Assis nt City Attorney
Jul v , 1985.
. R City ®J'l
30 INCH WATER DISTRIBUTION MAIN
MARSHALL ST. TO ITASCA ST.
AHEAD OF PAVING QUAKER AVE.
22-9016-44532
V / 1909
TEXAS
�; l
Lubbock, Texas
G S
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
30 INCH WATER DISTRIBUTION MAIN
MARSHALL ST. TO ITASCA ST.
AHEAD OF PAVING QUAKER AVE.
22=9016-44532
CITY OF LUBBOCK, TEXAS
MAYOR
Alan Henry
COUNCIL MEMBERS
George W. Carpenter
Maggie Trejo
T.J. Patterson
Bob Nash
E. Jack Brown
Joan Baker
CITY MANAGER
Larry Cunningham
DIRECTOR OF WATER UTLITIES
Samuel W. Wahl
CHIEF ENGINEER, WATER UTILITIES
Wilford D. Watson
June, 1985
THIS CONTRACT IS SUBJECT TO ARBITRATION AS
PROVIDED IN THE GENERAL CONDITIONS HEREIN.
INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID PROPOSAL -UNIT PRICE BID
4. PAYMENT BOND
5. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
8. GENERAL CONDITIONS OF AGREEMENT
9. MATERIALS AND DETAILS OF CONSTRUCTION
10. MEASUREMENT AND PAYMENT
C
Y
Y
NOTICE TO BIDDERS
BID # 8607
Sealed proposals addressed to Gene Eads, Purchasing Manager, City of
Lubbock, Texas, will be received at the office of the Purchasing
Manager, '1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00
o'clock p.m. on the 27th day of June, 1985, to furnish all labor and
materials and perform all work for the construction of the following
described project:
30" WATER DISTRIBUTION MAIN MARSHALL STREET TO ITASCA STREET
AHEAD OF PAVING`OF QUAKER AVENUE
After the expiration of the time and date above first written, said
sealed proposals will be opened by the Purchasing Manager at his
office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is
actually in the office of Gene Eads, Purchasing Manager for the City
of Lubbock, prior to the expiration of the date above first written.
The City Council will consider the bids on the 11th day of July, 1985,
at Municipal Bldg., Lubbock, Texas, or as soon thereafter as may be
reasonably convenient, subject to the right to reject any or all bids
and waive any formalities. The successful bidder will be required to
furnish a performance bond and payment bond in accordance with Article
5160, Vernon's Ann. Civil St., in the amount of 100% of the total
contract price in the event that said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00 the said
statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is
required, to submit a cashier's or certified check issued by a bank
satisfactory to the City of Lubbock, or a proposal bond from a
reliable surety company, payable without recourse to the order of the
City of Lubbock in an amount not less than 5% 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 Manage^ For, the City cf
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
74�Y:.-emne Eads,
Purchasing Manager Manager
GENERAL INSTRUCTIONS TO BIDDERS
" 1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the
following:
30 INCH WATER DISTRIBUTION MAIN from Marshall St. to Itasca
St. ahead of paving Quaker Avenue
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.
LMP TLHE AND ORDER FOR COI.,TLETION
The construction covered by the contract documents shall be fully completed
within 6_ calendar days from the date specified in the Notice to Proceed
issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of
his own choosing, provided however, the City reserves the right to require
the Contractor to submit a progress schedule of the work contemplated by
the contract documents. In the event the City requires a progress schedule
to be submitted and it is determined by the City that the progress of the
work is not in accordance with the progress schedule so submitted, the
City may direct the Contractor to take such action as the City deems
necessary to insure completion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the
provisions of the General Conditions of the contract, documents.
r
_aE C1t)' C_ L:NbDCk rese:7-vas z h e -_g.' t , ;:__OL LC ___.a1 acceptance D= this
pL IECL LD LEC' _e --he CC LiaCLC_ CD E't:E CE ci, E `_f1cL 2.11
.1
_Cr Gb07, aterlals ane,�c_Ce^ all s _.1CL? i EG Lite cc �s� T- c-iCII of tate
�WIITOVe eAts CC:tLe=plated by rhe Contract COcumeL:tS ''ave bee^ 7,a4C
f.li aIlGt "-1aL _heLe are -aC C.la=mac pe--ie'f_€, of [."% itch L_^E CDL1LieCLCT has
gee^ morified.
c 11, _1�1,-.N,SLTP
The L'lte.ut of these Contract CocumEnts 15 that cr-P,, mazerlals aze. aOTK-
Wc' s. _p of the be L Guallan C+ c.'l
gr LJ=.� be fu seo. LL E fact t :EL
LttEspec=fI .F_ ons W.ay, iciT tG be suiflCie^t!v CCTp2 ete -IM SCBE Ceta11
t'_ll IlOt Te1_EVE t lE CD_traCtCr cf li TESvo s: 111 L[ r0: } iOVi: �u€
=zte_._c1s of high oual:r, a_C for NLOtEctiito L,'leL adequately a :L_l ..IICCr-
perated into the project. _ne ",_esence or absence 0= E represeL/tat Ve of
t n E C i r y Cthe CC^_SLLuCL_Gt. SIZE :-111 tlCL LE__EVE the Cc_t`aCLOL Of fu11
LesaC^.S1b1:1t�' Of CG�pl["—�€ k�.0, Z: 1S , :GV�510 . SAE speCiflCat_O_S fDr:
ctErla 1S ane, mezho6s set fo= Li; _i, --he CG_LLGc: CCC 1 te_;Ls pL C['_L —
SZan6ELCS Of C'i. al1LY iC... the G.7_n- EL 'OE 11EiES IDeCES Sar; tC pr.'>CcrE c
SctlStcCtO�' prGieCi.
E. G
r!_ Eq' _pmet a_id :_z-_ei a =7,CC'_✓G7cLeC _ she 7_GI EC_ an c__ const_JC"
gucra_teec acra=.IIS' c ez yTE ;e- Et-- als an wCTG=Il itS 7
:IIIOL tC fi-.El ECCEptEM, CE; the Con 1:7aCL0: S! Ll— f. ii=S: t0 LAE eL, a
ti'r1LLe' geilE:a CL:a7a_LeE 1.:j1 C.. SCta_1 pLDi7 ..'E LaEt
the lrO�;t:cCtOL s:,cT1
LEME 2.7-V CEfecLs 1L. LCle :'CTf:, an -C' ✓E1 LG: E~:[: an '6 c_'_ Cc c€Es G; any
:,atL'rE ^_aLSDEVEr LES�_� Il£n star GEfeCts :.'De., st1C_, Oefe -L s aea-7
y"1L_^1^ one year frc= GcLe OL _��c_' cCCEr LatCE C: t lE iJG2k 2S c LeSi _L CL ,
dEfeCL_VE aze'18 S or �•;oriy$LSL7'�p, at no COsL LO LaIE CJTIET �C1L� G2
ibe CC'.L.aCLCr �=T: be furnished 2 sets Cf dLG'.._^.£s, s?eCi_ _.;_ 1C is
-
p re! aLe6 Co^IITHCL 6c,c.u..• em, _s f c S L'se Cur' _2 CC_ S L: ct1CII. F 1F_=s
and S�eG?�f�CatiCIlS =Cr 11SE6,uT- l g COI1SL7uCt1CII k i! C it be -Cu .i Shed
64-ZECL1't' -�c the CcatTactoL. The CC_trcCLCr shall the- C1SzZibute CC^vles
Ci
-;:ns and spec -i ons LC supp_' 1erS S; �CO%trcCLDLS, Or CtL`lerS, 25
recufreC COT proper s^.rosecuzioi CI LtlE ». Lk cc-1tE'7)1c'ted by. zhe Ccmtractor.
E CC__rGC�DL SCia_- CE _mES C7S=^_E =C_ t 'E CELE_ iESCr,'cLiC_ , C=s e_-
Var—,cn a_C p_G ecL1c_. C- all r.aLEL<<._Cn1LiEr}' EC1�1--le_a
LCC_=, a�raTct:c, ccCEssC__E� Lc __L+Eb a=C a__ i;EF:s C'_ co7:st7"zL_O`'
aL:C c.L. -aLiC
all parts C= t_,,- ,.'CL. "•..Et..__ _:)E tLcCtOL :,as been ;-21C,
,G r...�a ..G=C i. .. . �G_.. —..._ rGLE L:^E C_. .. �SGC SCC
_Ls CE__21E 0t C0 ' _C CC'_IBC,�_ c C1-- LeSEr1'es .he
__E..•L aLLEL �aE :1LS _.G ,'E SEE= CCe cG c_ ��=^'E 1 _ CC::tLGCt fis ^EE_
a�+ci CEC LC _rE `C_ a .._..:GEL
,> utmost carte so as 'not to endanger life or property and the Contractor
shall further use only such methods as are currently utilized by persons,'
firms,or corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site
by the Contractor. ....
In all cases where explosives are to be used during the construction of
the project contemplated by this contract, it shall be the duty of the
Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's
intention to use explosives, and such notice shall be given sufficiently
in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. Such notice however,
shall not relieve the Contractor of responsibility for any damage resulting
from his blasting operations.
--- 15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have'a responsible local
o
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 Gime that the work contemplated by this contract is in
-
progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has
1
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 �Iurther:state.that all subcontractors are named as
"..additional insureds; or in the"alternative shall be accompanied by a
statement from the Contractor o the effect that no work on this particular
project shall be`_subcontracted.
=
17. LABOR AND_ WORKING 'HOURS
:Attention of each bidder Is particularly called to the schedule of general.
°prevailingrat e_Of Aper diem wag `included in these contract documents.
The wage rate "wii'icYi'"must `be'paid on this project shall not be less than
specified in the schedule of general prevailing rates of per them wages
nL'requiremen.
ras aboneinen coned The bId'ders` attention is further directed to the
ts of".ArticZe 5159x, Vernon's Annotated Civil Statutes providing
_ .
for the payment,,of the ;wage schedules above mentioned and the bidder's
obligations' there under. The inclusion of the schedule of genera
va1ling rate of per diem wages in these contract documents does not
(a) The experience record of the bidder showing completed jobs of a
similar nature to the one covered by the proposed contract and all
work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.,
(c) Equipment schedule.
11.
TEXAS STATE SALES TAX
This 'contract is issued by an organization which qualifies for exemption
provisions pursuant to provisions of Article 20.04 of the Texas Limited
Sales, Excise and Use flax Act.
The Contractor must obtain a limited sales, excise and use tax permit
which shall enable him to buy the materials to be incorporated into the
work without paying the tax at the time of purchase.
12.
PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work con-
templated by the contract documents in such a way as to exercise due care
to locate and prevent damage to all underground pipelines, utility lines,
conduits or other underground structures which might or could be damaged
by Contractor during the construction of the project contemplated by
these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities
of which it has knowledge. However, such fact shall not relieve the
Contractor of,his responsibilities aforementioned. All such underground
-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-
tContractor's
Contractor'sexpense.
13.
BARRICADES AND SAFETY MEASURES
The Contractor shall, at his own expense, furnish and erect such Barri-
cages; 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.pwn. cost and expense. The Contractor's responsibility
formaintenance of barricades, signs, and lights shall not cease until
the date of issuance to ;Contractor of 'City's certificate ofacceptance of
the proj-ect. ...
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
r..
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 documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose
behalf this contract is made, ten dollars for each laborer, workman, or
mechanic employed for each ,calendar day, or portion`' thereof, such laborer,
�- workman or mechanic is",paid less than the wages assigned to his particular
,
classification-as set forth in the"schedule of 'gene`ral.prevaling rate of
per diem wages included in these contract documents.
No Text
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection
in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically
bound, they are to be considered incorporated by reference into the
aforementioned contract documents.
BID PROPOSAL
BID FOR UNIT PRICE
PLACE Lubbock, Texas
DATE June 17, 1985
PROJECT N0. 22-9016-44532
Proposal of Panhandle Construction Company (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 30 INCH WATER DISTRIBUTION MAIN from Marshall St. to Itasca St. ahead of
paving Quaker Avenue
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".
r.
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 60 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 completion of this project, all
as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed
and submitted in accordance with instruction number 20 of the General Instruc-
tions to Bidders.
Bidder understands, that the Owner reserves the right to reject any or all
bids and to waive any formality in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn
for a period of thirty (30) calendar days after the scheduled closing time for
receiving bids.
EXHIBIT A, PAGE 1
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantity Total
No. & Unit Description of Item and Unit Prices Amount
1. 1486 L.F. 30 inch approved class 150 water pipe
furnished and installed complete in
place including gravel embedment, per
lienar foot;
Fifty One & 70/100
DOLLARS ($51.70 )
$76826.20
2.
45 L.F.
10 inch class 150 ductile iron water
pipe furnished and installed complete
in place, per linear foot;
Eighteen & 15/100
DOLLARS ($18.15 )
$ 816.75
3.
50 L.F.
8 inch class 150 ductile iron water pipe
furnished and installed complete in place,
per linear foot;
Fourteen & 85/100
DOLLARS ($14.85 )
$ 742.50
4.
1 Each
10 inch valve & box furnished and in-
stalled complete in place, per each;
Six Hundred Thirty & no/100
DOLLARS ($630.00 )
$ 630.00
5.
2 Each
8 inch valve & box furnished and in-
stalled complete in place, per each;
Four Hundred Ten & No/100
DOLLARS ($410.00
$ 820.00
6.
1 Each
Tie to existing 14 inch SCRC including tap,
valve, box, fittings, ductile iron pipe
complete in place, per each;
Three Thousand Five Hundred Thirty Four
& 45/100 DOLLARS ($3534.45 )
$3534.45
TOTAL BID
$83,369.90
The undersigned Bidder hereby declares that he has visited the site of
the work.and has carefully examined the plans, specifications, and contract
documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed,
and to substantially complete the work on which he has bid; as provided in the
contract documents.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars ($ )
or a Proposal Bond in the sum of Five percent of the largest possible bid
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.
Panhand4,e Construction Company
Contract
w j
BY:
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
N, -
STATUTORY PAY? \T BOLD PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL S'-',r'AT17LES OF TEXAS
AS NZ\DED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959
KNOW ALL = BY THESE PRESENTS, that
Panhandle Construction Company
(hereinafter called the Principal(s), as Principal(s), and
St. Paul Fire & Marine 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
Eighty -Three Thousand Three Hundred Sixty -Nine and 90/100--- Dollars
( $83,369.90 ) 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 27th day of June , 19 85 , to
30 Inch Water Distribution Main
Marshall Street to Itasca Street
and said principal under the law is required before commencing the work provided
C
or 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 Or THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a
sub -contractor in the prosecution of the work provided for in said contract,
then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the
u
n
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 16th day of July 19 $5
ST. NUR FIRE AND Panhandle Construction Company
Surety Principal
By lk�
*By: (Title)
CC;; rjjR 3, AN (Ti le
ATTORNEY-IN-FACT By:
(Title)
By:
Title)
s
The undersigned surety company represents that it is duly qualified to
do business in Texas, and hereby designates Republic Hogg Robinson
of Texas, Inc. 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.
SE PAUL HRE Ai`10
Sure
*By;
HOWARDCO ,'A (Title)
�;;.yf t
ATTOR EY-IN-FAC1
Approved as to form:
City of Lubbock
By. UW, IAA,'
Ck''* ,C' y 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
STATUTORY PERFORM.= BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
'\MENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959
KNOW ALL MEN BY THESE PRESENTS, that
Panhandle Construction Company
(Hereinafter called the Principal (S), as Principal (s), and
St. Paul Fire & Marine 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
Eighty -Three Thousand Three Hundred Sixty -Nine and 90/100-- Dollars
$83,369.90 ) lawful money of the United States for the payment whereof,
the said Principal and Surety bind themselves, and their heirs, administrators,
l
executors, successors and assigns, jointly and severally firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract -with
the Obligee, dated the 27th day of June 19 85 to
30 Inch Water Distribution Maif--
Marshall Street to Itasca Street
and said principal under the law is required before commencing the work provided
for in said contract to execute a bond in the amount of said contract which
contract is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform the work in accordance with the plans,
specifications and contract documents, then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the
1 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 16th day of July , 19 85
Sl'. PAUL FIRE AND MA, EU 9 S� JRf WIv L CO. Panhandjle Construction Compan
Surety Principal
By:
*By
(Title)
(Title) _.
ATT®RNEY-IN-EAC,p (Title)
By:'
(Title)
The undersigned surety company represents that it is duly qualified to
do business in Texas, and hereby designates Republic Hogg Robinson
of Texas, Inc. 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 MAR€NE CO_
Su ety
By:
HOWARD ` & N (Title)
AT'TOPMEY-INTACT
Approved as to Form.
City of Lubbock
B y: 6 0at
Pa.uCity Attorney
*Note: If signed by an officer of the Surety Company there must be on file a
certified extract from the by-laws showing that this person has authority to
sign such obligation. If signed by an Attorney in Fact, we must have copy of
power of attorney for our files.
Performance Bond - Page 2
P
T0: C.C. -U33: C:�
Bcx 2000
Lubbock, Texas
DA7Z 18-85
Type o= P 22-9016-445
Project -:30" water distribution
main - Marshall to Itasca
THIS Is To CERTIFY TAT PAt\RkN11DLE CONSTRUCTION WIPANY
(Na=e and Address of Insured)
is, at the date of this certificate, insured by this Company with respect to the
business operations hereinafter described, for the types of insurance and in accor-
dance c:i.th• the provisions of the standard policies used by this Co_pa::y, and further
hereinafter described. Exceptions to standard policy noted hereon.
E
TYPE 0: iNSURA14CE
Po1icV No.
Ef-ect_ve
F.xnires
Li -its of Liab�? i_v
Workmen's 1)
14C 170025
9-30-84
9-30-85
100 000.00
Comnensaticn
O -per's Protec-
2)
GLA 19379083.
-
1-1-85
9-30-85
Per Persoa
Per Occure ice
S 500,000.00
S 500,000.00
t1ve or Ccntingert
Li zbil: ty
Property Damage
$ 100,000.00
$
$ 500,000.00
Contractor's Protec-
2) rIp1920a'690
9-30-84
9-30-85
Per Person
Per Occurence
tine or Contingent
1) MN035829
9-30-84
9-30-85
a-ope-ty' Damage
-
$ 100,000.00
Liability
2) GLA 19383271 9-30-84 9-30-85 per Person $ 500 000.00
Automobile 1) NN035829 9-30-84 9-30-85
Per Occurence $50-000.00
Property Daaage $100,U00M
The foregoing Policies (do) (��) cover all sub -contractors..
Locations Covered: Lubbock and Elsewhere -in-T xas
DESCRIPTION of Operations Covered
The above.policies either in the body thereof or by appropriate endorsement provide
that they ray not be changed or cancelled by the insurer in Tess than the legal ti=e
required after the insured has received written notice of such change or cancellation,
or in case there is no legal requireaeat, in less than five days in advance of cancel-
lation. -
1) Mission National. Insurance Company
'2) Transarerica Insurance Co..
FIVE COPIES OF T41S CERTIFICATE
MUST BE SENT TO THE OWNER.
111IS CERTIFICATE IS ISSUED AS A 'MATTER
OF INFORMATION ONLY AM CONFERS NO RIGHTS
UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT ANMEND, EXTEND OR ALTER THE COVERAGE
( ame f Insure:)
By
Jags F. (, Jr.
Ti a Agent
Mnu' ST. PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF
atariy 385 Washiniton Street, St. Paul, Minnesota 55102 AUTHORITY NO.
For verification of the authenticity of this Power of Attorney, you may telephone toll free 800-328-2189 and ask for
the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). - t'
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, III, Howard Cowan,
Gertrude Crocker, La Donna McKinley, individually,
Lubbock, Texas
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are 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 meeting 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."
0,E°J�igIN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officer, this 1st day of March, A.D. 1984.
Pn� ST. PAUL FIRE AND MARINE INSURANCE COMPANY
STATE OF MINNESOTA
County of Ramsey ss.
GO*
iV14(ORANGE�C; vice President
On this 7th day of November '19 8 4 , before me came the individual who executed the preceding instrument, tome
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.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day
and year first above written.
-f�".UaAor_-j
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.
9
IN TESTIMONY WHEREOF, I have hereunto set my hand this
16th Jul 85
ce day of y ; 19 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 r
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREMIENT, made and entered into this 27th day of June ,
A.D. 1985, by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through Alan Henry , Mayor, thereunto
authorized to do so, hereinafter referred to as OWNER, and Panhandle
Construction Company
of the City of Lubbock County of Lubbock
and State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of
certain improvements described as follows:
30 INCH WATER DISTRIBUTION MAIN
Marshall St. to Itasca St.
t Ahead of paving Quaker Ave.
and all extra work in connection therewith, under the terms as stated in the
contract documents and at his (or their) own proper cost and expense to furnish
all materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance and other accessories and services necessary to complete the said
construction in accordance with the contract documents as defined in the General
Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the perfor-
mance of the contract in accordance with the proposal submitted therefor,
subject to additions and deductions, as provided in the contract documents and
to make payment on account hereof as provided therein.
• 1
IN WITNESS WHEREOF, the parties to these presentshave executed this
agreement in the year and day first above written.
0
.J
CITY
BY:
ATTEST:
City Se retary
Pan1jandle Construction Company
CONTRACT R
ATTEST: L/
BY: �V
TITLE:
Secretary
COMPLETE ADDRESS:
APPROVED AS TO FORM:
ill
Panhandle Construction Company
P.0. Box 1500
Lubbock, Texas 79408
4A
T
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 hubbock,'Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part,
or Second Party, is used, it shall be understood to mean the person, persons,
co -partnership or corporation, to -wit: Panhandle Construction Company
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 Samuel W. Wahl
-""rector of Water Utilities , City Hall, Lubbock, Texas, under
whose supervision these contract documents, including the plans and specif-
ications, were prepared, and who will inspect constructions; or to such other
representative, supervisor, or inspector as may be authorized by said Owner to
!' act in any particular under this agreement. Engineers, supervisor or inspectors
will act for the Owner under the direction of Owner's Representative, but .
shall not directly supervise the Contractor or men acting in behalf of the
Contractor. The Owner's Representative shall have authority to approve change
orders involving a decrease or increase in cost of 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.
S. INTERPRETATION OF`PHRASES
Whenever the `words "Directed," "Permitted," "Designated," "Required,"
"Considered Necessary," "Prescribed," or words of like import are used, it
shall be understood that the direction, requirement','permission, order, designa-
tion or prescription of the Owner's Representative is intended; and similarly,
j- `the words "Approved," 'tAcce
"Acceptable, "Satisfactory,"
p , or words of like import
r shall mean approved by or acceptable or satisfactory to the Owner's Representa-
tive. r
zed -
Whenever -in the S''
ecifications or dlawin s accom an this a
p g p yzng agreement,
the terms of description of .various qualities relative to finish, workmanship,
�_.
or other qualities of similar kind whish cannot, from their nature, be specfi-
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
No Text
11. KEEPING OF PLANS LVD SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with 2 copies of all Plans, Pro-
files and Specification 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 construe -
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 Representative at
Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to
this Agreement that the Owner's Representative shall review all work included
herein. He has the authority to`stop the work whenever such stoppage may be
necessary to insure the proper execution of the contract. In order to permit
delays and disputes and to discourage litigation, it is further agreed that
the Owner's Representative shall, in all cases, determine the amounts and
quantities of the several kinds of_work which are to be paid for under this
contract. He shall determine all questions in relation to said work and the
construction thereof, anal 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 e'sti-mates and findings shall be conditions pre-
cedent to the night_ 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,
*. '
y.
�. either party may 'file with said Owner's Representative within 30 days his
written objection to the decision ordirection 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
0 h Owner''s"Repres'entative 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 gyre 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 andall 'directions given to him shall be binding as if given to
the
Contractor-.",-. Adequate supervision by competent and reasonable'representa-
tives of theContractor 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 e.xclu=
eine charge and• ennt'rol of the Contractor and all „risk in connection therewith
_:
shall be 'borne :by`the Contractor:
The Owner or Owner's Representatives will not be responsibleforthe acts
5
nr`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-;ithout the Owner's Representative's
written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and
materials necessary in the prosecution and completion of this contract where
it is not otherwise specifically provided that Owner shall furnish same, and
it is also understood that Owner shall not be held responsible for the care,
preservation, conservation, or protection of any materials, tools, equipment
or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the 'rousing 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 wtirch,may be contemplated by Owner or
Owner's Re"resentative and saa11 .give amble notice as to the time 'each part of
P
the work will be_;ready for such observaton. Owner or .Owner's Representative
(. may reject any work found toTbe defective or not in accordance with the con-
s
*sa.^ TT
V
Y •
i Y M.A
tract documents, regardless of the stage of its completion or the time or
place of discovery of such errors, and regardless of whether Owner's Observer
has previously accepted the work through oversight or otherwise. If any work
should be covered without approval or consent of the Owner, it must, if requested
by Owner or Owner's Representative be uncovered for examination at Contractor's
expense." In the -event that .any part of the work is 'being fabricated or manu
factured at a location where it is not convenient 'for Owner or Owner's Representa-
tive go make observations of such work or require testing of said work, then
in such event Owner or -Owner's Representative may require Contractor to fur-
nish Owner or. Owner's Representative certificates of inspection, testing or
approval made by persons competent to perform such tasks at the location where
that part of the work is being manufactured or fabricated. All such tests
will be in accordance with the methods prescribed by the American Society for
Testing and Materials or such other applicable organization as may be required
by law or the contract documents.
If .any work which is required to be inspected, tested, or approved, is
covered up without written approval or consent of the Owner or Owner's Repre-,
sentative, it must, if requested by the Owner or Owner's Representative, be
uncovered for observation and testing at the Contractor's expense. The cost
of all such inspections, tests, and approvals shall be borne by the Contractor
unless otherwise provided herein. Any work which fails to meet the requirements
of any such tests, inspections or approval, and any work which meets the
requirements of any such tests or approval but does not meet the requirements
of.the.contract documents shall be considered defective. Such defective work
shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspec-
tions, tests, or approvals made by Owner, .Owner's Representative, or other
persons authorized under this agreement to make such inspections, tests, or
approvals, shall relieve the Contractor from his obligation to perform the
work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further, agreed that if the work or any part thereof„ or anymaterial
brought on the site of the work for use in the work or selected for the.same,
shall be deemed by the Owner or Owner's Representative as unsuitable or not in
conformity "with plaiis,ry specifications and contract documents,_ the Contractor
shall, after receipt of written notice thereof from the Owner's Representative,
forthwith remove such, material and rebuild or otherwise„ remedy such work so
that it shall begin full accordance with this contract. It is further agreed
that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
-23. CHANGES AND ALTERATIONS
The Contractor further, agrees that the Owner may make such changes and
alteratlon3 a `'the Owner .may .-see fit, in the line, grade,form; dimensions,
.."plans or materials for the work herein contemplated, or any part thereof,
F _
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 expensesincurred directly on account of such extra work,
including Social Security, Old Age Benefits, Maintenance Bonds, Public Lia-
bility and Property Damage and Workmen's Compensation and all other insurances
as maybe required by law or ordinances or directed^by the Owner or Owner's_
Representative, or by them agreed to. N. er'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 tc the Owner's Representative. The
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P_ '04nerl-9' 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:adjustmen.t 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
.Ownerts 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'OE OWNER TO MODIFY -METHODS AND EQUIPMENT
If at any time the methods or equipment,used by the Contractor are found
to be. nadequate:a.0 secure the quality of work with the rate of progress re-
quired ruder his, contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and
" efficiency and the Contractor shall comply with such order.
j If, at any time, the working force of the Contractor is inadequate for
l 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 takeout 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
ubcontractor,-or separatepolicies shall be provided covering the operation of
each subcontractor:'
(A) Workmen's' Compensation and Employers Liability Insurance
As "required by State W`stat ute`covering all employees employed on a
work whether employed by the Contractor or any Subcontractor on the job.
No Text
policy stating when, not less than ten (10) days thereafter,
cancellation of such policy shall be effective, with a copy to
the Owner of said letter of intent.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN,
AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless
from all claims growing out of any demands of subcontractors, laborers, work-
men, mechanics, materialmen and furnishers of machinery and parts thereof,
equipment, power tools, all suppliers, including commissary, incurred in the
furtherance of the performance of this contract. When Owner so desires, the
Contractor shall furnish satisfactory evidence that all obligations of the
nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebted-
ness to accrue for work furnished by any of those designated in the preceding
paragraph and shall fail to pay and discharge any such indebtedness within
five (5) days after demand is made, then Owner may, during the period for
which such indebtedness shall remain unpaid, withhold from the unpaid portion
of this contract, a sum equal to the amount of such unpaid indebtedness or may
apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be
in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall pro-
vide for the use of any design, device, material or process covered by letters
patent or copyright by suitable legal agreement with the Patentee or Owner
thereof. The Contractor shall defend all suits or claims for infringement of
any patent or copyrights and shall indemnify and save the Owner harmless from
any loss on account thereof, except that Owner shall defend all such suits and
claims and shall be responsible for all such loss when a particular design,
device, material or process or the product of a particular manufacturer or
manufacturers is specified or required in these contract documents by Owner;
provided, however, if choice of alternate design, device, material or process
is allowed to the Contractor, then Contractor shall indemnify and_save Owner
harmless from any loss on account thereof. If the material or process speci-
fied or required by Owner .is aninfringement, the Contractor shall be responsible
for such loss unless he promptly gives written notice to the Owner of such
infringement.
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31. LAWS AND ORDINANCES
The Contractor shall at all times observe and .comply with all federal,
state and local laws, ordinances and regulations, which in any manner effect
the contract or the work, and shall indemnify'and save harmless the Owner
against any claims arising from the violation of any such laws, ordinances,
and regulations, whether by the Contractor 'or his employees. If the Con-
tractor observes that theplans and specifications are at variance therewith,
he shall promptly notify the Owner's Representative in writing and any neces-
sary changes,shall be adjusted as provided in' the contract for changes in the
work. If the Contractor performs any work knowing it to be contrary.to such
laws, ordinances, rules and regulations, and without such notice to the Owner's
Representative, he shall bear all costs arising therefrom.
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" ' Owners a :.municipal ` corporation of the State and"
the Texas and . the law
from ' which it derives its powers ._ `.ins of ar 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
r,
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
inthe 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
b-raced_in this contract shall be commenced on a date to be specified in the
Notice to .Proceed.
If the Contractor should neglect, fail, or refuse to.complete the work
within the time herein specified, or any proper extension thereof granted by
the Owner, -then -the Contractor does hereby agree as part of the consideration
',for the awarding of this contract, the Owner 'may withhoId permanently from
'.
�- t Contractor's total compensation, the sum of Two Hundred Fiftv'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.
Itis 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 ;.ato consideration the
average climatic change and conditions and usual industrial conditions pre
vailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the
owner because of. the impracticability and extreme difficulty in fixing and
ascertaining .actual damages the 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.
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34. TIME AND ORDER °07 'COMPLETION
a
It is the meaning and intent of this contract, unless otherwise herein
specifically provided, that the Contractor shall be allowed to prosecute his
work at such time and sessions, in such order of precedence, and in such
manner as shall be most conductive to economy of construction; provided,
�..; however, that the order and"time of prosecution shall be such that the work
shall be substantially completed as a whole and in part, in accordance with
this contract, the plans and specifications, and within the time of completion
designated in the proposals; provided, also, that when the Owner is having
other work done, either by contract or by his own force, the Owner's Representa-
tive may direct the time and manner of constructing work done under this
contract so that conflicts will be avoided and the construction of the various
works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested
by the Owner's Representative, schedules which shall show the order in which
the Contractor proposes to carry on the work, with dates at which the Contractor
will start the several parts of the work, and estimated dates of completion of
the several parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recog-
nition of the time required for the completion of this project, taking into
j consideration the average climatic range and industrial conditions prevailing
in this locality, and has considered the liquidated damage provisions of .
paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work
has been delayed by an act or neglect of the Owner, Owner's Representative,
employees of the Owner or other contractors employed by the Owner, or by
changes ordered in the work, or by strike, walk -outs, acts of God or the
public enemy, fire or flood. The Contractor may apply in writing for an
extension of time, submitting therewith all written justification as may be
required by Owner's Representative for such an extension as requested by
Contractor. The Owner's Representative within ten (10) days after receipt of
a written request for an extension of time by the Contractor supported by all
requested documentation shall then submit such written request to the City
Council of the City of Lubbock for their consideration. Should the Contractor
disagree with the action of City Council on granting an extension of time,
such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in under-
taking to complete the work within the time herein fixed, he has taken into
consideration and made allowances for all hindrances and delays incident to
such work, whether growing out of delays in securing material or workmen or
otherwise. No charge shall be made by the Contractor for hindrance or delays
from any cause during the progress of any part of the work embraced in this
contract except where the work is stopped by order of the Owner or Owner's
i 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
t 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 4'nishing 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,.n,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 op 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 thework
furnish the Owner or Owner's RepPesentative 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
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,. ' here `:are no `outstanding liens "'against Owner' n premises by
or otherwise, that
reason of any work under -the contract. Acceptance by Contractor of final
> 3.; payment of the contract'price shall constitute a waiver of all claims against
Owner which have not theretofore been timely filed as provided in this contract.
41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to
Owner's Representative`an application for partial payment. Owner's Representa-
tive shall review said, application for partial payment and the progress of the
work made.by the Contra ctor"and if found to be in order shall prepare a certi-
ficate for partial payment showing as completely as practical the ,total value
of the work done by the Contractor up to and including the last day of the
preceding month; said statement shall also include 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 negligenceonthe part of the
I Contractor, the Owner may upon written recommendation of Owner's Representative
I pay reasonable and equitable portion of the retained percentage due Contractor.
f
{ 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
Representative and the Owner shall inspect the work and
completed, the Owner's
within aid time, if the work be found to be completed or substantially com-
pleted in accordance with the contract documents, the Owner`s Representative
shall issue to the =Owner and Contractor his certificate of completion, and
thereuaocertishall be to duty
of Owner within thirty-one (32) days to
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acceptancethe work to the Contractor.
43. FINAL "PAYMENT
upon the issuance of the certificate of completion, the Owner's Repre-
sentatve shall proceed to make final measurement and prepare a final state
¢lent 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 day after the date of certificate of
completion,`the balance due Contractor under ttie terms of thzs agzeemen ,
provided he has fully performed his contractual obligations under the terms of
this contract; and said payment shall become due in any event upon said per
formance by the Contractor. Neither the certificate of acceptance nor the
final payment,'nor any provisions in the contract documents shall -relieve the
{
Contractor' -of the obligation for fulfillment of any warranty which may be
r required in the sp
ecial7conditinns (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 noranyprovision in this
contract shall relieve the Contractor of responsibility for faulty materials
or workmanship, and'he.shall remedy any defects due thereto and pay for any
-damage to other work resulting therefrom, which shall appear within a period
of one (1) year from the date of substantial completion. The Owner or the
Owner's Representative shall give notice of _observed defects with reasonable
promptness.
i 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 Owner in the amount
withheld, payment shall be made for amounts withheld because of them.
s
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 hasgiven any directions, order or instruction to which the Contractor
desires to take exception. The Owner -
written exceptions by the Contractor ,and _render his final decision in writing.
In case the Contractor should,appeal from the decision of the Owner's Repre-
sentative, any demand ,for arbitration shall be filed with the 'Owner's Repre-
sentative and the Owner in writing within ten (10) days after the date of
delivery to Contractor of the final decision of the Owner's Representative.
It is further agreed that final acceptance of the work by the Owner and the
acceptance by the Contractor of the final payment shall be a bar to any claim
by either party, except where noted otherwise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbi
tration at the request of either party to the dispute. The parties may agree
upon one arbitrator, otherwise, there shall be, three; one named in writing by
each party and the third chosen by the two arbiters selected; or if ,the arbiters
fail to select a third within ten (10) days, he shall be chosen by the District
Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of
the City of Lubbock. Should the party demanding arbitration fail to name an
arbiter within ten ;(10) days of the demand, his right to arbitrate shall
lapse, and the decision of the Owner's Representative shall be final and
binding on him. Should the other party fail to choose an arbiter within ten
(10) days, the Owner's Representative shall appoint such arbiter. Should
either party refuse or neglect to supply the arbiters with any papers or
information demanded in writing, the arbiters are empowered by both parties to
take Ex Parte Proceedings.
The arbiters shall act,with promptness. The decision of any two shall be
binding on both parties to the contract, unless either or both parties shall
appeal within ten (10) days from date of the award by the arbiters, and it is
hereby agreed that each party shall have the right of appeal and all proceedings
shall be according to and governed by Arbitration Statutes of.Texas, being
Article `224, et seq., Vernon Annotated Civil Statutes. THE DECISION OF THE
ARBITERS UPON ANY QUESTIONSUBMITTED TO ARBITRATION UNDER THIS`CONTRACT SHALL
BE,A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are "authorized to award
the party whose contention is ,sustained, such sums as they deem proper for the
a. .
time, expense and trouble incident to the appeal, and if the appeal was taken
without reasonable cause, they may award damages for any delay occasioned
thereby. The arbiters shall fix their own compensation, unless otherwise pro-
vided by agreement, and shall assess the costs and charges of the arbitration
4 upon either or both parties. The award of the7 arbiters must be made in writing
and shall not be open to objection on account of the form of proceedings or
award.
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 cast to com-
plete the work is less than.that which would have been the cost to the
Owner had the work been completed by the Contractor under the terms of
this contract, or when the Contractor and/or his Surety shall pay the
balance shown to be due by them to the Owner, then all machinery, equip-
ment, tools, materials or supplies left on the site of the work shall be
turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or
his Surety fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment tools, materials
or supplies on the site of the work, notice thereof, together with an
itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this
contract; provided, however, that actual written notice given in any
manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor
and his Surety subject only to the duty of the Owner to exercise ordinary
care to protect such property. After fifteen (15) days from the date -of
said notice the Owner may sell such machinery, equipment, tools, materials
or supplies and apply the net sum derived from such sale to thecreditof
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 ground that have not been included in
payments to the Contractor and have not been incorporated into the work
Thereupon, the 'Owner's Representative shall make an`estimate'of the total
_ amount earned by the Contractor, which estimate shall include the value of all
work*actually�completed by said Contractor at the prices stated in the attached
proposal, the value of all partially completed work at a fair and equitable
price, and the amount of all Extra Work performed at the prices agreed upon,
_ - or provided for by the terms_of_fthis contract, and a reasonable sum to cpyer
-the cost o.f`any provisions made by the Contractor to carry the whole work to
completion, ann which cannot be'utilized. The Owner'suRepresentatve shall
49. ABANDONMENt`Y 'CONTRACTOR v _.
.' In case the Contractor should abandon and fail or refuse to resume work
within ten (10) days after written notification from the Owner or the Owner's
Representative, or, if the Contractor fails to comply with the orders of the
owner's,Representative, when such orders are consistent with this contract,
this Agreement, or the Specifications hereto attached, then the Surety on the
*bond shall be notified in writing and directed to complete the work and a copy
of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not
remove from the work any machinery, equipment, tools, materials or supplies
then on the job, :but the same, together with any materials and equipment under
the contract for work, may be held for use on the work by the Owner or the
Surety of the Contractor, or another contractor, in completion of the work;
and the Contractor shall not receive any rental or credit therefore (except
when used in connection with Extra Work, where credit shall be allowed as
provided .for under paragraph 24 of this contract); it being understood that
the use of such equipment and materials will ultimately reduce the cost to
complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for
completion hereinbefore provided for, within ten (10) days after service of
such notice, then the Owner may provide for completion of the work in either
of the following elective manners:
(a) The Owner may employ such force of men and use of machinery,
equipment, tools., materials and supplies as said Owner may deem necessary
to complete the work and charge the expense of such labor, machinery,
- equipment, tools, materials and supplies to said Contractor, and the
expense so charged shall be deducted and paid by the Owner out of such
moneys as may be due, or that may thereafter at any time become due to
the Contractor under and by virtue of this Agreement.. In case such _
expense is less than the sum which would have been payable under this
contract, if the -same had been completed by the Contractor, then said
Contractor shall receive the difference.In case such expense is greater
than the sum which would have been payable under this contract, if the
same had been completed by said Contractor, then the Contractor and/or
his Surety shall'pay the amount of such excess 'to the Owner; or
(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 cast 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.
s2.r : t -tre
----------------
X 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
Y..; that may be retained by the Owner under the terms of this Agreement, and shall
7� certify same to the Owner who shall pay to the Contractor on or before thirty
(30) days after the date of the notification by the Contractor the balance
shown by said final statement as due the Contractor, under the terms of this
Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and
payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes
in the amount of 100% ofthetotal contract price, in the event said contract
price exceeds $25,000.00. If the contract price does not exceed $25,000.00,
the statutory bonds will not be required. All bonds, if required, shall be
submitted on forms supplied by the Owner, and executed by an approved Surety
Company authorized to do business in the State of Texas. And it is further
agreed that this contract shall not be in effect until such bonds are so 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 with 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 from the action of the
elements, or from any unforeseen circumstance and the prosecution of the same,
or from unusual obstructions or difficulties which may be encountered inthe
prosecution of the work, shall be sustained and borne by the Contractor at his
own cost and expense,
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor, with full,
complete and exclusive power and authority to direct, supervise, and control
his own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have
the right to observe Contractor's work during his performance and to carry out
the other prerogatives which are expressly reserved to and vested in theOwner
' or Owner's Representative hereunder, is not intended to and shall not at any
time change or effect the status of the Contractor as an independent contractor
with respect to either the Owner or Owner's Representative or to the Contractor's
own employees or to any other person, firm, or corporation.
CLEANING UP
The Contractor shall at all times keep the premises free from accumulation
of debris caused by the work, and at the completion of the work he shall
remove all such debris and also his tools, scaffolding, and surplus materials,
30 INCH WATER DISTRIBUTION MAIN
MARSHALL ST. TO ITASCA ST.
AHEAD OF PAVING AT QUAKER AVE.
0
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 will 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 external loads equivalent
to the H2O -S16 Highway Department loading when the pipe is laid with four
feet of cover in flat bottom trench with the backfill tamped to spring
line. 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 project shall conform to one
of the following standard specifications:
ANSI/AWWA C150/A21.50-81
ANSI/AWWA C104/A21.4-80
ANSI/AWWA C151/A21.51-81
Iron pipe furnished shall meet requirements of "Laying Condition A" (flat
bottom trench, untamped backfill).for sized through 24 inches and "Laying
Condition B".(flat bottom ;trench, tamped backfill) for larger sizes.
All iron pipe shall be cement lined in accordance with AWWA C104-80
(A.S.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-
form to the base specifications to which the pipe is manufactured: The
joint shall be the latest approved type of rubber gasket joint for cast
- iron pipe. All _joints of iron pipe and fittings shall be sealed with a
- - continuous ring 'rubber -gasket meeting standard's specified by AWWA Cllh-64
(A.S.A. A21.11) or its latest revision.
s
III. -1
C. Asbestos-Cement Pipe
Asbestos-cement pipe shall_ be manufactured ,in accordance with Federal
Specifications SS-P-351 or AWWA C400-80 for design conditions gice:. iI t
these specifications and on the plans. The •oint shall be the latest
approved rubber gasket type joint for asbestos-cement pipe, sha_1
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 Specificatiocs SS-P-38111,_ for greten-
sioned Concrete Cylinder Pipe or AV`%7A 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 meeting standards specified
in A7W"TA C303-78.
A portland cement mortar shall be used to fill the annular space both
inside and outside of joints in the pretensioned concrete cylinder pipe.
Portland cement used in the .mortar shall conform to "Standard Specifica-
tions and Tests for Portland Cement", A.S.T.M. serial designations C150 and
C77. Sand for the mortar shall conform to . S . T .'_'. desgnaticr_ C33-52T for
fine aggretate. The exterior joints on pretensioned 'concrete cylinder
pipe shall be poured with a Heavy Duty Diaper as furnished by 1,1kR-*lac
�"lanufacturing Company or approved equal. The cicth of the diaper shall be
nine (9) inches. The band shall be provided with 3/8 inch x 0.20 steel
straps on each side.
- 3. VALVES
A. Butterfly Valves
Butterfly valves shall conform to AWWA Specifications C504-70 for Class
154-B. Valve bodies shall be cast iron short bode pattern. The butter-
fly valves are for vault installation and shall be equipped with a hand
wheel, a 2-inch, operating nut, and position indicator. The valves shall
be manually operated with enclosed wQ %br gear or traveling nut operation
and shall be'designed,to operate a1 m;ximum torque with a maximum pull 0-
80 pounds. The valve shall open turning to the left (counterclockwise).
The design water pressure diffe4�,.ntial shall be 150 psi upstream and 0 psi
downstream.
Q
All valves shall be equipped with a positive adjustable mechanical stop
-
limiting device to, prevent over of the valve disc in both open and
closed positions.
Valves installed in vaults shall be painted with heavy duty machinery
paint with color and typeto be Ka p ppr...._ .. w
oved�y Erigneer.
B. Gate Valves
All ,gate valves 12'" and smaller shall be double eisc j parallel seat, iron
body,bronze mounted throughout. In-line valves 12" and smaller may be
either flanged or mechanical joint (but no combi:ation flange and mechari-
cal `joint). All valves on side outlets shall be combinationflange and
mechanical joint or flange, end - latest rubber gasket. The valves shall'
have nonrising stems, shall open by turning to le=t and shall.be furnished
III-2
M 77
r
with a 2 operation nut Valves a
" be designed to withstand a working
pressure of 150 psi and shall comply in all respects to AWWA standards.
Valves shall be Mueller, M & H, Darling or Iowa.
All parts for valves furnished must be standard and completely interchange-
able with hub end valves of the same brand. The successful bidder mai- be
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 manufactured to -:h -7A -C110-64 (or latest
revision.thereof), supplied with mechanical joints unless otherwise
specified. Flanged fittings, where required, shall be 125 pound American
standard. All fittings shall be lined with coal tar or cement grout &
exterior shall be coated with an asphaltic paint.
5. FIRE HYDRANTS
Fire hydrants shall be standard AWWA hydrants, iron body, bronze mounted
throughout and shall be designed for working pressure of 150 pounds
per square inch. The hydrants sha 1 have a 5 1/4 inch valve opening two
�2 1/2 inch hose nozzles and one ch steamer nozzle, with 4 threads per
inch and a crest to crest dimenk�on of 4.995 inches. The hydrants shall be
for 6 inch mains and shall h�a M.J. connection, and shall be for a
4 1/2 foot bury unless 0th1(15ise shown on plans. The hydrants shall be
Muller, M & H, Iowa or -Darling, traffic model or approved equal. Operating
- a nuts shall be 1 1/2 inch pentagons measured flat to point.
6. COUPLING
The coupling shall be bolted high strength steel rubber gasket seal Dresser
Style 38 or approved equal.
7. 'VALVE BOXES, FRAME AND COVER
All valves boxes for butterfly valves shall be pre -cast concrete manholes
manufactured to ASTM C-478 and as, shown on plans. Precast manholes shall
have butt joint bottom with tongue and groove joints on upper section and
a minimum inside diameter of six feet. Joints shall be filled with port-
.; - land cement or asphaltic compound for water tightness. Valve box cover
.shall be pre -cast flat slab manufactured to ASTM C-478 with manhole cover
opening centered over operating nut 6C valve. The slab shall have tongue
and groove joint for connection to 46anhole.
Manhole :frames and covers shae of good quality gray iron casting
of a pattern similar -to that shown _on_the plans and with a clear opening
of not less than 22 inches. The frame and cover shall be designed with 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 tit
over a'section of 6" claytile pipe which will be used as an extensicn
from the top of the valve. The box shall have a heavy cast iron cover
marked "Water". The box shall have a flange type base approximate=,*
4" ?'i
I arger in diameter than the Outside diameter of the barrel of t ie
box.
8. GRAVEL FOR EKED_ ENT
Gravel for embedment shall consist of processed natural gravel. The particles
shall have irregular surfaces. The material shall be graded ti-ith in the
following limits.
yaximum Retained Percer_t
No. 4 sieve _ 5-15
No. 10 sieve 50-90
_,No. 40 sieve 75-90
The material shall be sufficiently free from clay, dust, blow sand, caliche
or slag which may cause shrinkage after jetting and drying.
c6 CONCRETE
Concrete to be used in constructing valve chambers, concrete cradling,
concreteblocking 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 or 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 mix shall be based on the water cement ratio, and shall
be as follows 'for "the different classes of concrete. A11'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 moisture carried by"the aggregates
shall be included as part of the mixing water. Class A concrete shall
have a minimum 28 day compressive strength of 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 the designed mix -shall be
approved by the Engineer before any concrete is placed.
i
SECTION IV
DE <<I 3 CP CONSTRUCTION
1. GENE T
These general and detailed specifications govern the excavation,
trenching backfilling, ha=ling and installation of various kiLnEs
of pipe, construction of —nholes, installing fittings, valves and
other work required for t=c construction of this distribution "=in
and all "accessories as she sn on the, plans and as called for
The Contractor shall furnish all material, equipment, labor and
superintendence necessary, to complete the construction of all the
work as shown on the plan_ and as called for in these specifications.
EXCAVAT I ON AIy'D TRENCHING
The trench shall be excavated to the line and grade as establfished
by the Engineer. The dep`_h of cover for the distribution mates shall
in general be 48 inches. The amount of cover may vary over or under
48.inches as shown on the plans or as directed by the Engineer, but
in no case shall the cove_- be less than 42 inches
4 In order to obtain a true, even grade, the trench shall be fine -graded.
The material for fine grading shall be free of rocks, roots, grass or
any other debris. The depth of the fine grading material shall not
exceed three (3) inches. There the trench is excavated in excess of
three (3) inches below grsde, the material shall be compacted to 95%
Proctor Density or shall be replaced with bedding material as specified
in Section III. If rock er other unyielding material shall be removed
_ to a depth of three (3) .inches below grade and replaced vith the bed-
ding material to grade. The grade shall be such that the pipe will
rest firmly on the bottoms of the trench throughout the entire length
of the pipe cylinder.
All pipe, 16 inches and i_rger.in diameter shall be embedded with
granular materials as specf ied in Pa
ragraph.8 , Section lil. All ex-
cavated material shall oe removed from the trench before placing the
embedment material.-
The minimum width of the. trench shall be the outside diameter of the
pipe plus twelve (12) inches and the maximum width shall be the out-
side diameter of the pipe plus eighteen (18) inches. The 'trench shall
be cut so that the max�_zV horizontal offset of the trench i:alls frori
the bottom to the top of the trench (undercutting) shall be six .(6)
inches:
Bell holes of ample dimensions shall be dug at each joint to.permit
the proper jointing of the pipe and to permit the bottom of the pipe
to :rest firmly on the bottom of the trench throughout the enire length
of the pipe cylinder.
IV
Trench digging machiner-, may be used to :sake the trench e�:cavation
except in places where its operation would cause damage to _Tees,
buildings, telegraph lire's or other existing structures e-lther above
or below. ground; in -such instances hand methods shall bE employed
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 SuaI irlc UdE the cost:O��
furnishing, installing and removing the bracing and shoring.
The Contractor shall take all necessary precautions for protecting
paved areas from being damaged by the trenching and back-�_ling
equipment. hny'damage done to the pavement, outside the area as
Set forth 1n these spec_ricatZons, as a result of the CGT:StrUCtiOn
work sail be repaired by the Contractor at his own expense.
All excavated material shall be placed in a manner that not en-
danger the work or damage existing structures. There will be no
-
classification of the excavated materials_ and the term excavation
shall include all materials, encoun:ere'.in excavating the trench.
3. 1 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 pipes fittings, valves and accessories shall be inspected
upon delivery and during the progress of the work. Any material
found to be defective will be rejected by the Engineer and the
Contractor shall remove and replace such defective material.
C. Responsibility for :Materials
The Contractor shall be responsible for all material furnished
by him and he shall replace at his own; expense all such material
that is found to be .iefective in manufacture or has become
damaged in handling of ter delivery.
D. Handling Pipe and Accessories
All pipe, fittings, valves and other accessories shall, unless
otherwise directed, be unloaded, at the point of .delivery, hauled
to and distributed at the site o: the work b., the Contractor.
Inloading and unload ; ng they: shall be lifted by hoists or slid
or 'rolled on skidways in such a ::canner as to avoid shock or damage to
the materials. Underno circumstances shell they be dropped. Pipe
handled on skids shall not be slk_ ed or rolled against pipe already on
the ground.
In distributing the material at the site of the work, each
piece shall be unloaded apposite or near the place where i* is
to be laid in the trench. Coated and wrapped pipe sha 1 De
handled in such manner that a minimum amount of damage to the
coating will result. Damaged coating shall be repaired iL a
manner satisfactory to the Engineer.
Pipe shall be placed on the site of the work parallel with the
trench alignment and pipe ,,7ith bell ends shall be placed Goth
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 kept as free as pos-
sible from dirt, sand, mud and other foreign matter.
E. PIP e I.a ying
(1) Alignment and Grade
All pipe shall be laid to the alignment as established or.
the ground by the Engineer. Where grade is being main-
tained, as shown on the plans, the contractor may use batter
boards or laser equipment to fine grade the trench. The
Engineer must approve whatever method is chosen before it
can be utilized.
Whenever it is necessary to deflect pipe from a straight
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 permitted, the degree
of deflection at each joint shall not exceed the maximum
deflection recommended by the manufacturer of the particular
kind of pipe being laid and the degree of deflection shall
be approved. by the Engineer.
Field cuts on concrete pipe shall be made at all points
where, in the opinion of the Engineer, it is necessary to
preserve alignment or proper stationing for field connections.
Proper care shall be taken to preserve the interior and
exterior linings. After the spiral winding has been
exposed, the winding shall be tack welded before being cut.
In cutting the spiral winding suffislent length shall be
allowed to permit a later winding of at least one-half turn
on the bell or spigot ring Where steel cylinder pipe is
cut, the work shall be done in such way as to allow a snug
fit with the bell or spigot ring. A continuous weld shall
be run.on both_the inside and the outside of the ring. The
free end of_the_spiral shall then be wrapped around the ring and
its end shall -b's welded to the ring -by running a weld along each
side of the rod for a distance of at least six inches. The entire
cutting operatdon-shall be done under the direction of a repre-
sentative_-of_ t ie. pipe -manufacturer.
IV -3
Whenever the deflection in a join exceeds the
deflection recommended by the manufacturer, the Engineer
Lay reoui.re that the joint be welded. Joints on pipe
installed in encasement pipe s:.all be tack welded or cold-
pletely around the joint as reco=e-i_ed b%, ir:anufe.cture:.
(2) Yanner of F..andling pipe and Accesso-ies into Trench
After the trench grade has_been completed, all bell holes
dug and the grade inspected, the pipes and accessories may
be placed in the trench A.11 pipe, 'E_rtings and valves
shall be carefully lowerec into the trench piece by piece
by means of derricks; ropes, or other suitable tools or
equipment, in such a Winner as to preven_ damage to the
material in any way. under no circumstance shall pipe
or accessories be dropped or du: ped; into the trench.
(3) Cleaning and Tnspectin
Before lowering into trench the pipe shall be again inspected
v for defects and cast iron pipe while suspended shall be
lightly ha=g erect to detech cracks. Any defective, damaged
or unsound pipe or other incidental materials shall be
rejected.
All foreign matter or dirt shall be removed -from the -inside
ofthe pipe, bells, spigots or paras of the pipe used in
forming the joint before the pipe is lowered into the trench~.;
and .it shall be kept clean by approved means during and
after laying. The open end of the pipe in the trench shall
be plugged when pipe is not being laid..
(4) Laying and Jointing Concrete Pressure Pipe
Just before making the joint, the gasket and the inside
surface of the bell shall be lubricated with f ilm of soft
vegetable soap compound (flax soap) to _facilitate tele-
scoping the joint. The rubber gasket shall be stretched
uniformly as it is placed in the spigot groove to insure
a uniform volume of rubber around the circumference,of
the groove.
Metal spacers of proper thickness shall be held on the
inside shoulder of the bell to provide the proper space
between abutting ends of 27 inch and larger pipe. The
joint shall be telescoped by pulling directly along the
center line of the pipe so that thespigotenters -s'auarely
into the bell. After the spigot has been telescoped into
-tate Vie?? , .the bel! end of the pipe being laid shell be
'itOZTed in accordance —1 th the plans to Secure propergrade
and -alignment. ` After the Joint is in place, a thin metal feeler
shall --be used to check the position' cf the rubber -gasket around
the ci-rcumference of the joint.
IV -4
_ b
_ ter the spigot has been telescoped into the e__, the
joint checked and found set- s_ectory, a burlap wrapper
shall be placed aroud the pipe covering the joint. the
bur-, ap-typE ivrapper shall beI12:yeC at each e(ige to allow
threadin- With a steel strap to securely fasten t_.- w`i app e
around the pipe by means of a strecther and sealer. _ne
length shall be that recu=red to enc r c I e tie wipe, !eav_
enough space between the ends at the top to allo-.z the cement
Mortar t0 be poured. T he ent? - i 0l- t s_1a_i be pouretin
cement mortar and rodded Or agitated to e! zinc tE voids and
settlement. Prior t0 pouring the cement mortar, the joint
shall be thorough-Ly cleaned and saturated with c=ean z ater .
The mortar shall be poured when the pipe laying and Jcinti
has advanced at least three joints ahead and has 'Deem partially
backfired to prevent movement on the pipe durimg subsequent.
backfill ing. Any jCint showimg shrinkage Or excessive
cracking shall be cleaned and remade. in hot weather,
additional measure may be required to obtain the best
quality of joint, such as additional wet burlap, curing
membrane, or iaediate careful and well back
filling of the joint with damp earth.
Where size permits, the inside joint recess shall be filled _
from the inside with mortar and finished off smooth -.i.th
` the inside of the pipe- by hand troweling after pipe
--o
has been backfilled. The inside joint recess on pipe smaller-
in
mallerin diameter shall be filed by buttering the bell. end with
mortar immediately prior to placing the pipe together.. After
-..the joint is engaged the interior of the smaller diameter
pipe shall be swabbed to smooth and clear the joints.
At times when pipe laying is not in progress, the open. ends
of _pipe shall be.closed-by approved means, and no. trench
-water shall be permitted to enter the pipe.
.-
{5) Laying and Jointing Cast Iron Pipe `
The gasket seat in the socket, the rubber gasket and the
plain. end of the pine to be laid should be o. ted clear_.
After placing 'a .Length of pipe in the trench, the plait:
end of the pipe should be then aligned and started into
the socket so that it is in contact with the -asket
Sufficient force then. roust be exerted on. the enter-; C, pine
so that the plain end is moved past the gas':et and ,:takes
contact =ijith .the base' of the socket. The joir_t e be
deflected but.never to exceed-manufact'jrer ' s _ c.c0=enca
tIonS.
- -rte-5
4. BACKFILLING
A. Pine Embedment
Where required, pipe shall be embedded in sand and/or
qua shown im .Section 7 1, and to a consolidated dept-. O 3"
above the midpoint of the pipe. The mater_lal shall be _aces
around the pipe evenly and thoroughly saturated -with ;.�azEr
the use of water .jets. le still saturated the mater'_al shall
be ,vibrated with a large flexiable shaft t;=ibrator equiva-e t to
Vi.ber Model g 122 with a 3/4 H.P. electric motor produc-no- X500
v. p.m. tbl.ough a 12 foot shaft and 2-1/2 inch by 10 inc:~; v` trat ince
head. The vibrator head shall penetrate the full depth c_ the
embedding material vertically on two feet centers on eaC` side
of the pipe. The vibrator shall remain Jr. the embedding Later -
dal until it is thoroughly compacted.
B. General
The entire process of backfilling and cleaning -up shall be com-
pleted within seven days after the pipe has been laid.
Where gravel embedding is not required, all trenches and bell
holes for all types of pipe, valves and fittings regardless of
the location, shall be backfilled to a point twelve (12) inches
above the top of the pipe with selected backfill material free
from rocks, boulders or other undesirable material. The re-
mainder of the backfill which is twelve (12) inches higher than
the top of the pipe at all locations shall be backfilled with
loose excavation material and compacted by forcing water into
the backfill at the level of the tap cf pipe until the water
level rises to within eighteen inches of the natural ground
surface. The water shall be forced into the backfill at loca-
tions not more than ten feet apart.
As the construction work progresses, the Contractor will be
required to keep the jetting of the backfill and clean-up
as close behind the pipe layingand backfilling as possible.
C. Maintenance of Backfilled Trench
After the trench has been back.f illed in the above method, the
right-of-way shall. be cleared of all rocks larger that one and
one-half (1 1/2) inches in diameter and leveled so that the sur-
face will have the same slope and appearance as it possessed
before the Contractor began work. All surplus material shall be
loaded and.wasted at the Contractor's expense, at a location
approved by the Engineer.
IT
-6
The above'shall include all excavated materials and a_, rocas
or hard lamps 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 afrer
blading shall be removed, together with excavated material w"nich
has drifted or otherwise covered private property.
Following the completion of the back illing the Contractor
shall maintain the street and trench surfaces in a satisleactory
manner until final completion and acceptance of the work. the~
maintenance shall include blading from title to time as necessary,
w
filling de --cessions caused by settlement, sprinkling, broer�i__g,
or flushi_ g, .and other work reeuired to keep the streets and
roads in a satisfactory condition_
The Contractor shall maintain the paving cut until the cut is
ready for repair as dere=ined by the Engineer. 'Whenever the
paving cut is accepted for repair prior to final clean u?, the
Contractor shall still be responsible until the final clean up.
`
5. UNDERGROUND A7 OVE=AD UTILITIES AuTD STRUCTURE
The approximate location of all known water mains, gas mains, storm
sewers, and sanitary sewers are shown on the plans. However, the
consumer service lines from these utilities are not known.
The Contractor will be required to locate all utility lines, including
consumer service lines, far enough in advance of the trenching to
make proper provisions for protecting the lines and to allow for any
deviations that may be required from the established lines and grades.
The Contractor will not be allowed to disrupt the service on any util-
ity lines except consumer service lines, which may be taken out of
service for short period of time provided the Contractor obtains
permission from the Engineer and from the owner of the premises being
served by the utility.
-The Contractor shall immediately notify the proper utility company
of any damage to utility lines in order that service may be established
with the least possible delay. Any damage 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 own expense, and as directed by an official representative of
the utility company involved.
All utility lines shall be properly supported to prevent settlement
or damage to the line both during and after construction. The cost
of supporting utility lines shall be included in she unit price bid
per foot of pipe.
IV -.7
Any permanent relocation of existing utility lines shall be dc -,e by
the proper utility company without expense to the Cc: tracccr.
Where pipes, conduits, or concrete curbs or gUtters are E:1Ccu'_ered;
the cost of tunnel ling shall be included as a part of the cost cf
the pipe line.
6. RF j0Vi LNG PAU_=N
A General
Wherever it is necessar - to make cuts in exit sti g pavements,
sidewalks, driveways, or curbs and gutters, the cuts shall be
ride in such manner as to cause the least possi'C_e da=:age to
adjoining surfaces.
B. Removal of Asphalt Paving
In removing asphalt pavement, the asphalt surface shall De cut
along each side of the trench ahead of the trenc:-.ing Wachine and
the surfacing and base removed with the trenching machine as the
trench is excavated. The width of surface removed by the Can
tractor is not to exceed the outside diameter of the pipe plus
thirty-six (36") inches. Any areas removed or damaged 1n e7cess
of the above widths will be charged against the Contractor's
estimate at the rate of $:..00 per square yard as payment to the
City for replacing the excessive width. No separate payment will
be made for cutting and removing asphalt paving and caiichE base,
the cost of this work shall be included as a part of the cost of
the pipe line complete in place.
C. Removal of Concrete Paving -
Removal of any sidewalks, concrete pavement,concrete base,
concrete curbs and gutters (where allowed) shall be made by
cutting the concrete to a straight line on each side of the
trench and removing the concrete ahead of the trenching. Nor-
mally, tunnelling will be required under curb and gutters. The
width of surface removed by the Contractor of concrete paving
is not to exceed the outside diameter of the pipe plus thirty_
six (36") inches. Any areas removed or damaged in excess o the
- above widths will be'chirged'against the Contractor's estimate
at the rate of $5.00 per 'square yard as payment to the City for
replacing the excessive width. Care shall be taken to preserve
any reinforcement encountered as well as possible. Cutting of
steel.reinforcement will be allowed only at the approximate
center of the pavement cut. Payment for removal of concrete
paving shall be included in the unit price bid per foot of _pipe
installed.
IV- 8
7- CONCRETE FOR CRADLING r'iD BLOCKING
Concrete used for cradling or blocking shall con -for: to concrete
specifications as set forth in Section T?7> Parat_rah / ,OCGLlons
.. O 1:_ 1
shown on the plans or as directed by the -7ngir.eer, the'Co:.t_.acter
will be required to cradle the pipe or block•the -fittings. Concrete
Z or blocking and cradling will not be d a separate bid -te` b�-� s_a'1
be considered subsidiary to the various items khere it is necessary,
Before placing the concrete, all loose earth s'rall-be reLoved -from
the trench. The concrete shall be placed in the :reach by the use of
chutes extending to within three feet of the bottom o_= the trench and
shall be deposited L*n ifCrmly on each side of tyle oipe in SUC': c Lan-
ner as not to. disturb the grade and alignment ofhe con -
he ripe.
Crete shall be of such consistency that it will flow C,_thcut Separ2ti0:
of the aggregates..
The backing shall be placed, as directed by the Engineer, between
solid ground and the fittings to be anchored. The area of bearing
on the pipe and on the ground shall be that required by the Engineer.
The backing shall be placed so the pipe and fitti-g Joints G:L11 be
accessible for repair. The soil bearing value for thrust backing
shall be as recommended by the pipe manufacturer and,
in the absence
of such recommendation, the allowable bearing value shall not exceed
3000 pounds per square foot.
8. HYDROSTATIC TESTS
A. Pressure During Test
After the pipe has been laid the line shall be subjected to a
hydrostatic pressure test and a leakage test. The lines shall
be tested at 100 p.s.i.
B. Duration of Pressure Test
The duration of each pressure test shall be as directed by the
Engineer -but shall not exceed four (4) hours.
C. Procedure
Each valve section of pipe shall be slowly filled with water
at the specified test pressure measured at the point of lowest
elevation. Pressure shall be applied and maintained by means
of a pump connected to the pipe in a satisfactory manner.' The
Pump, pipe connection and all necessary apparatus except meters
shall be furnished by the Contractor, and the Contractor shall
furnish all necessary labor .for connecting the pump, meter and
gauges: The meter for filling and making tests on these mains
may be obtained from existing fire hydrants.
No charge will be
made :for -water used for this purpose,
As the, line is being filled and 'before applying the test pressure
all air shall be expelled from the pipe. To accemplis _ :is,
taps shall be made, if necessary, at points of highest e,evct10II.
After the test the taps shall be tightly plugged.
During the time the test pressure is on the pipe, t:,e 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 2nd
replaced with sound materials in the manner provided and the
test shall be repeated until satisfactory results are obtained.
D. Leakaee Test
After all defects have been satisfactorily repaired are, ail
visible leaks stopped a leakage test shall be made on each
valved section of the lines to determine the quantity of water
lost by leakage. The Contractor shall furnish all labor,
materials and equipment (except maters) required for making
the test. The leakage shall be determined by measuring the
quantity of water supplied to each valved section of the line,
during the test period, when the various sections of the line
are under pressure. No pipe installation will be accepted
until or unless the leakage as determined by above test is
.less than the amounts set forth below.
Leakage in U.S. Gallons per 24 hours per 1000 feet of pipe per
inch of diamter for pipe lengths and pressures stipulated.
Pressures Pipe Lengths in Feet
Lbs. per Squ. In. 12 13 16 18 20 32
100 15.5_ 14.5 11.6 10.3 9.7 5.8
If individual sections show leakage greater than the knits
specified abvoe,'the Contractor shall at his own expense locate
and repair the defective joints until the leakage is within the
specified allowance.
9. STERILIZATION OF PIPE LINES
The Contractor shall furnish all labor, equipment and material, ex-
cept_ chlorine, .necessary for the chlorination of the new pipelines
_ which shall be sterilized before being.placed in service. The lines
shall be sterilized by the application of the chlorinating agent.
IV 10
The chlorinating agent may be a 1_eufd c:-lorine, lieu -id Chlorine gas
water mixture, or a calciumn _,y^: CCiLIGrite solution, 4:hich shall De
fed into file lines through a suitable se_:tic -feed device, cr other
method approved by the The chlorinating agent shall
applied at or near the point from: which "e eine is being filler, and
through a corporation stop C_ other apprcved connection inserted in
the horizontal axis of the ew-,y laid pi.e. The water being used to
fill the line shall be controlled to Flo:: into the section to be
sterilized very slowly, and the rate of application of the chlorinating
agent shall be .in such proportion of water entering the pipe that
the chlorine dose applied to the water entering the line shall be al
least 50 parts per million. The treated :-ester shall be ,retained in
the pipe lines for a period of not less than twenty-four (24) hours.
10. TIE-IhTS TO EXISTING LINES
The oa'tractor-w4ll be permit_ed to tie i --::o existing valves or drr
stubs but shall no.fify the water superintendent before making any
tie-in. The Contractor shall not open or close existing valves except
in an emergency.
ll. CLEANING L'P
After the construction is ceupleted and before final acceptance by
the City, the Contractor shall re-ove P-11 rubbish, excess materials
from the excavation and other debris fro-- the site of the work and
all trench surfacers. shall be bladed as heretofore specified. Paved
surfaces shall be flushed or broomed upon request of the Engineer.
The cost of cleanup shall be included in the'bid price per foot of
pipe installed.
1. Gs':ZZBAL
The unit price bid on each item, as stated in the proposal, shall
include furnishing all labor, superintendence, machinery, equipment
and materials, except materials specifically specified to be furn-
ished by other, necessary 'or incidental to complete the various
items.of work in accordance With the plans and specifications. Cost
of work or materials shown on the plans or called for in the speci-
f1cations and on which no separate payment is made shall be'included
in the .bid prices on the various pay items.
2. PIPE LINES
A. Measurement-
The length of pipe lines of the various sizes and types to be
paid for will be determined by measurement along the center line
of the pipe installed, measurement being made from center of
fitting to center: of fitting or end of pipe and from center of
main lines to center of hydrant, without any deduction for the
length of intermediate fittings or valves The various depths
of the cut to be paid for will be, the vertical distance from
the original ground surface to the invert of the pipe.
B. Payment
Furnishing and .installing pipe of the type and class as called
for in these specifications of the various sizes as shown on
the plans and at the various depths of cut as required will be
paid for at the unit bid price per linear foot for furnishing
and installing the pipe at the various depths of cut, complete
in place. The unit price bid. shall be complete compensation
for furnishing and installing the pipe complete in place, in-
cluding all materials, excavation, gravel embedment, fittings,
grading, backfilling, and any and all incidental work in connection
with the pipe lines not otherwise included in the bid items or
otherwise pravided for .in the specifications.
3. VALVES AND BOXES
Furnishing and installing valves at the various locations shown on
the plans or as required will be paid for at the unit price bid each
for furnishing and installing the various size valves, complete in
place. The unit price bid shall be complete compensation for furnish-
ing and installing the valve complete in place and shall include
furnishing and installing valve boxes and length of clay tile for all
12" and smaller valves.
V-1
Furnishing and installing concrete valve boxes at the various loca-
tions shown on the plans or as required will be paid `or at the unit
price bid each for.furnishing and installing concrete valve boxes
complete in place. The unit price shall be complete compensaticn for
furnishing and installing valve boxes and shale include all labor,
:materials and other incidentals necessary.
4. FITTINGS
The fittings or specials required in construction of the various sizes
of pipe lines and those specials required to tie into existing lines
as shown on the plans gill be included in the unit price bid per
linear foot for furnishing and installing approved pipe.
5. CUSS "B" CONCRETE
The furnishing and installing of Class "B" concrete shall be subsidiary
to the various items for which it is necessary, and the cost will
be included in the unit price bid for the particular item. No separate
payment will be allowed for concrete blocking or cradling. Furnishing`
and installing class "B" concrete for paving base shall be paid for
at the unit price bid per square yard and shall be complete compensation
for concrete base complete in place.
6. RF IOVING PAVEYMENT
No separate payment will be made for cutting and removing concrete
or asphalt surfacing and caliche base; the cost of this work shall
be included as a part of the cost of excavation for the pipe lines.
7. FINAL CLEA%tIIP
The contractor shall make a final cleanup of all parts of the work
before final acceptance by the City of Lubbock.
The cost of the cleanup shall be included as a part of the cost of
the various items of work involved and no direct compensation will
be made for this work.
V_Z
Craft
City of Lubbock
Paving and Highway Construction
Prevailing Wage Rates
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:
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
NOTE.LOCATE 24"LINES IN FIELD,30"WILL CROSSUNDER.
SEE ELEVATIONS AT 11+73,APPROX, 14' CUTS.
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